Auburn Zoning Code

TITLE XV: LAND USE 150 BUILDING CODE AND REGULATIONS 151 SOLAR ENERGY SYSTEMS 152 MASTER PLAN 153 LANDSCAPING DEVELOPMENT 154 INDUSTRIAL DEVELOPMENT 155 GRADING, EROSION AND SEDIMENT CONTROL 156 HOUSE TRAILERS 157 DEVELOPMENT AGREEMENTS 158 SUBDIVISIONS 159 ZONING 160 CONSTRUCTION 161 TREE PRESERVATION 162 LAND USE APPEALS 163 ALCOHOL SALES AND DEEMED APPROVED ALCOHOL SALES REGULATIONS 164 ELECTRIC VEHICLE CHARGING STATION 150 BUILDING CODE AND REGULATIONS 150 Building Code (Sections 150.001-150.003) 150 Residential Code (Sections 150.006-150.011) 150 Administrative Code (Sections 150.010-150.011) - 150 Building Permits (Sections 150.015 150.019) 150 Mechanical Code (Sections 150.030-150.031) 150 Electrical Code (Sections 150.040-150.041) 150 Plumbing Code (Sections 150.050-150.052) 150 Energy Code (Sections 150.055-150.056) 150 Uniform Code For The Abatement Of Dangerous Buildings (Section 150.060) 150 Wildland-Urban Interface Code (Sections 150.065-150.067) 150 International Existing Building Code (Sections 150.070-150.072) 150 Historical Building Code (Sections 150.075-150.076) - 150 International Property Maintenance Code (Sections 150.080 150.999) 150 Green Building Standards Code (Sections 150.085-150.086) - 150 Swimming Pool And Spa Code (Sections 150.090 150.092)

Editor's Note:

Sections 150.001 and 150.002(A) through (E), codified from Ord. 623, as amended by Ord. 664, effective 2-27-1975, were amended in their entirety by Ord. 669, effective 8-13-1975.

Sections 150.001 and 150.002(A) through (E), were added by Ord. 669 and amended by Ord. 738, effective 1-17-1979.

For the purposes of protecting the public health and welfare and establishing rules and regulations for the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City, that certain code designated as the “California Building Code,” 2025 Edition, Volumes 1 and 2, including Chapter 7A, Appendix F (“Rodentproofing”), and Appendix P (“Sleeping Lofts”) thereto, which was published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 2, one (1) copy of which is on file in the office of the Building Department for public record and inspection, are hereby adopted by reference and made a part of this subchapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the codes shall be known as the Building Code of the City.

the Building Department for public record and inspection, are hereby adopted by reference and made a part of this subchapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the codes shall be known as the Building Code of the City.

(1973 Code, § 8-1.01) (Ord. 752, eff. 5-15-1980; Am. Ord. 799, eff. 4-11-1984; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025

150.002 Amendments To Building Code

• (A) California Building Code. The following sections of the California Building Code are amended as follows:

(1) Section 103.1: The Building Department is hereby created and the official in charge thereof shall be known as the Code Official. The function of the Building Department shall be the implementation, administration, and enforcement of the provisions of this code.

(2) Section 201.4: Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Merriam-Webster shall be considered as providing ordinarily accepted meanings.

(3) Section 202: Bedroom is hereby defined as: "A room with a bed or a closet, whether built-in or free-standing".

(4) Section 202: Kitchen is hereby defined as: "Any area or appliance used for the preparation of food, including, but not limited to, gas or electric ranges, ovens or stovetops, refrigerators, or freezers of more than five cubic feet capacity, and cabinets designed to accommodate such appliances.

(5) Table 1505.1 shall be revised as follows: MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

• (6) Delete sections 1505.6 and 1505.7, wood shakes and shingles are PROHIBITED.

• (7) Section 1608.2: Ground snow load = 20 pounds per square foot.

(8) Section 3109.2: For private single-family homes with a pool, an enclosure surrounding the pool and exterior wall of the residence is required in addition to any other drowning prevention features mandated by Health and Safety Code section 115922. The required enclosure SHALL have all the following characteristics:

a. Any access gates through the enclosure shall be self-closing with a self- latching device located no lower than 60 inches above the ground.

b. A minimum height of 60 inches.

c. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches.

d. Gaps or voids, if any, which do not allow the passage of a sphere equal to or greater than 4 inches in diameter.

e. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of 5 years to climb over.

(Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 150.003 Fees

(A) This section shall apply to any authority of the City to impose permit fees pursuant the California Building Standards Code.

(B)The permit fee shall be established by resolution of the City Council. Fees shall be submitted to the Licensing and Revenue office as specified by the resolution.

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 25-07 on 11/10/2025 150 Residential Code (Sections 150.006-150.011) 150.006 Adoption Of The California Residential Code 150.007 Findings

150.008 Amendments To Residential Code

150.006 Adoption Of The California Residential Code

For the purposes of protecting the public health and welfare and establishing rules and regulations for the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City, that certain code designated as the “California Residential Code,” 2025 Edition, including Division II Administration and sections R335, R336, and R337, Appendix BN (“Extended Plate Wall Construction”), and Appendix CI (“Swimming Pool Safety Act”), which was published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 2.5, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the codes shall be known as the Residential Code of the City.

(Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025

150.007 Findings

(A) The provisions of this chapter are reasonably necessary because of the following local climatic, geological and or topographical conditions:

(1) Section R105.2(2) is amended due to topographical and geographical conditions; due to the unique topographical and geographic characteristics of the City there is a need to maintain sightlines and consistency.

(2) Section R201.4 is amended due to topographical conditions; the hillside construction within the City and the need for public safety require a clear understanding of the standards and requirements. The amendment makes clear the definitions necessary to implement the desired standards and regulations. Merriam-Webster is used as a clear and reliable source for definitions.

(3) Section R202 "Bedroom" definition is added because due to the unique geographic characteristics of the City, there is a high potential for illegal units.

(4) Section R202 "Kitchen" definition is added because due to the unique geographic characteristics of the City, there is a high potential for illegal units. (5) Section R319.1 is amended due to topographical conditions; the hillside construction, mature landscaping including dense canopy can make it difficult for emergency, public and private services to identify the address of parcels of real property within the city causing a public safety concern. The City finds the amendment makes clear addressing necessary in the area.

(6) Sections R902.1 is amended due to topographical conditions; due to fire severity zoning within the City and to be consistent with the adopted Ordinance of Placer County requiring Class A Roofing. The City finds the amendment imposes stricter requirements for roof construction.

(7) Sections R902.2, R905.7 and R905.8 are amended due to climatic and topographical conditions, such as high velocity winds and high temperatures with accompanying low humidity, such that areas in the city are designated as fire hazard severity zone and a Placer County Ordinance requires Class A Roofing. The City finds the amendment imposes stricter requirements for roof construction.

(8) Table 301.2(1), "20 Pound Snow Load" is amended due to climatic conditions; historical information indicates that local weather conditions can produce snow fall requiring the proper measurement.

(9) Section R103.1 is amended due to the Building Department being the appropriate authority to carry out provisions of the code in consideration of local climatic, geological, and topographical conditions.

(10) Section R301.2: The table is amended as necessary due to topography, specifically the elevation and latitude characteristics of the City.

(11) Section R309.3.1.2 is amended to be consistent with the 2022 California Residential Code and the City’s previous building standards ordinance adopted before September 30, 2025. Fire sprinklers have been known to reduce the impacts of fires, many times containing them to the room of origin. With Auburn being categorized as Wildland-Urban Interface, reducing structure fires can greatly reduce the chances of wildfire.

(12) Section 115922 (a) of Appendix CI as amended is consistent with and substantially equivalent to a building code amendment adopted by the City before September 30, 2025.

(B) The provisions for permit fees in Chapter 1 are amended to allow the City Council to set a permit fee that reflects the cost of providing the service in light of the local climatic, geological, and topographic conditions in the City.

(Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 150.008 Amendments To Residential Code

• (A) California Residential Code. The following sections of the California Residential Code are amended as follows:

(1) Section R105.2 shall remain as stated, except subsection (2) of "Building" shall be amended as follows: Permits shall not be required for fences not over 6 feet (1829 mm) high.

(2) Section R201.4: Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings.

(3) Section R202: Bedroom is hereby defined as: "A room with a bed or a closet, whether built-in or free-standing".

(4) Section R202: Kitchen is hereby defined as: "Any area or appliance used for the preparation of food, including, but not limited to, gas or electric ranges, ovens or stovetops, refrigerators or freezers of more than five cubic feet capacity, and cabinets designed to accommodate such appliances.

(5) Section R319.1: In addition to the requirements of Section R319 .1, in the case of single-family residences, each new dwelling constructed in the city shall maintain an automatic, internally illuminated house numbering unit which is visible from the street.

MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

(7) Delete Sections R902.2, R905.7 and R905.8 - Wood shakes and shingles are prohibited in new construction.

(8) Table R301.2: Ground snow load p9= 20 pounds per square foot.

(9) Section R103.1: The Building Department is hereby created and the official in charge thereof shall be known as the Code Official. The function of the Building Department shall be the implementation, administration, and enforcement of the provisions of this code.

(10) Table R301.2 shall read as follows:

==> picture [325 x 94] intentionally omitted <==

(11) Section R309.3.1.2 shall remain as stated except Exceptions, 4. shall read as: “Detached garages; carports with no habitable space above; exterior porches; unheated entry areas, such as mud rooms, that are adjacent to an exterior door; and similar areas.”

(12) Section 115922 (a) of Appendix CI: Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with an enclosure surrounding the pool and exterior wall of the residence in addition to at least two of the following seven drowning prevention safety features mandated by Health and Safety Code section 115922.

(B) Section 1.8.4.2: The permit fee shall be established by resolution of the City Council.

(Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 150 Administrative Code (Sections 150.010-150.011)

150.010 Adoption Of California Administrative Code

150.011 Fees

150.010 Adoption Of California Administrative Code

For the purpose of establishing minimum procedural requirements for to ensure adequate public participation, technical review, and time for technical review in the development of building standards in the City, that certain code designated as the “California Administrative Code,” 2025 Edition, published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 1, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter, the provisions thereof shall be controlling within the limits of the City, and the Code shall be known as the Administrative Code of the City.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025 150.011 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

HISTORY

Adopted by Ord. 25-07 on 11/10/2025 - 150 Building Permits (Sections 150.015 150.019) 150.015 Denial; Grounds 150.016 Issuance; Building Access Required 150.017 Issuance; Improvements Required 150.018 Reimbursements For Costs Of Improvements 150.019 Facilities And Equipment Fees

150.015 Denial; Grounds

No building or occupancy permit shall be issued when the Council, or a properly delegated authority, gives notice to the Building Official to withhold such permit where the action is deemed to be in the public interests, for the protection of the public health and safety, or for the general public welfare, including noncompliance by the applicant with any law or any agreement with the city or the Planning Commission, or which would constitute an improper land use. Any such denial of a permit shall contain a provision for the issuance of the permit upon the completion of designated corrective action by the applicant.

(1973 Code, § 8-2.01) (Ord. 624, eff. - -; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13- 09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1- 1-2017)

HISTORY Amended by Ord. 22-04 on 11/14/2022 150.016 Issuance; Building Access Required

Before a building permit shall be granted for any use other than a single-family residential use, a designated committee of the Planning Commission shall make a written finding that the lot in question has adequate frontage upon a dedicated public street or upon a recorded private easement determined by the Director of Public Works to be adequate for purposes of access, including access for emergency vehicles, reasonably sufficient for the intended use.

(1973 Code, § 8-2.02) (Ord. 624, eff. - -; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13- 09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1- 1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022 150.017 Issuance; Improvements Required

1 .Curbs, gutters, drainage facilities, sidewalks and driveways for other than single family residential uses. Following a finding that a lot has adequate frontage, as set forth in § 150.016 of this chapter, no building permit for other than single-family residential uses shall be granted until the applicant has either installed, at his or her own expense, curbs, gutters, drainage facilities, sidewalks, and a driveway, all according to the standard specifications of the city, and on all street frontages of the lots to be used in conjunction with the building to be constructed or improved or, in the alternative, has entered into an improvement agreement with the city in which the applicant agrees to install the improvements required by this subsection, either prior to the final inspection, or prior to the issuance of a certificate of occupancy, or upon a date certain from the date of the improvement agreement, agreeing to hold the city and its agents, officers, and employees free and harmless from all claims of any nature whatsoever arising in any way from the use and occupancy of the property or from the condition of the property. The improvement agreement shall be in a form approved by the city. Unless it is waived by the city, the applicant shall furnish the city with a performance bond or other security approved by the city in an amount deemed reasonably adequate by the Public Works Director to secure the full, and complete performance of the agreement by the applicant.

2. Curbs, gutters, drainage facilities, sidewalks and streets for single family residential uses. Whenever a lot is without standard curbs, gutters, drainage facilities, sidewalks or a paved street, or any one of them, and the Building Official determines that any one or more of them have already have been constructed on 40% of the occupied frontage of the same side of the street as the property for which a building permit is sought, the applicant shall construct the improvements, according to the standard specifications of the city, before a building permit shall be granted for single-family residential uses. For the purpose of computing the percentage, the percentage shall be of the block not to exceed 250 feet on either side of the property to a street corner.

e street as the property for which a building permit is sought, the applicant shall construct the improvements, according to the standard specifications of the city, before a building permit shall be granted for single-family residential uses. For the purpose of computing the percentage, the percentage shall be of the block not to exceed 250 feet on either side of the property to a street corner.

3. Paved streets. Following a finding that a lot has adequate frontage, as set forth in § 150.016 of this chapter, and upon a joint finding by the Public Works Director and the City Engineer that the nature of the proposed occupancy of the premises is such that it will result in an increase in traffic, or create any hazardous condition, so that a paved street is reasonably necessary in order to protect the public, the applicant shall be required to pave, according to the standard specifications of the city, 1/2 of the width of the street prior to the issuance of a building permit for other than single-family residential uses; provided, however, the paving need not exceed 33 feet in width. Where the frontage is on a private easement, the Public Works Director and the City Engineer, upon such a joint finding, may require the entire width of the private easement to be so paved and adequate drainage to be provided.

4. Street widening and corner rounding. Following a finding that a lot has adequate frontage, as set forth in § 150.016 of this chapter, and in all cases where the Council determines, because of increased traffic caused by the intended uses, that street widening or corner rounding is required, the property owner shall deed to the city, at no cost to the city, an adequate right-of-way therefore prior to the granting of a building permit for other than single- family residential uses.

(1973 Code, § 8-2.03) (Ord. 624, eff. - -; Am. Ord. 776, eff. 11-24-1982; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 90-9, eff. 5-23-1990; Am. Ord. 07-09, eff. 1210-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16- 03, eff. 1-1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-05 on 10/27/2025 150.018 Reimbursements For Costs Of Improvements

Any applicant for a building permit who is required to construct public improvements pursuant to this chapter, which improvements would benefit other property owners who would otherwise be required to construct the improvements, may enter into an agreement with the city for the reimbursement of a pro rata share of the initial cost of constructing the improvements from the other property owners upon the development of real property by such other benefitting property owners.

(1973 Code, § 8-2.04) (Ord. 740, eff. 1-17-1979; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 1603, eff. 1-1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022

150.019 Facilities And Equipment Fees

1. Purpose . In order to implement goals and objectives of the capital facilities and equipment element of the city's general plan, and to mitigate the service delivery impacts caused by new development in the city, certain public facilities and equipment must be acquired. The City Council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following subsections, the City Council has found the fee to be consistent with its general plan and, pursuant to Cal. Gov't Code§ 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

2. Description of area to be benefitted.

A. A public facilities and equipment fee is hereby established on issuance of all building permits as set forth in Res. 90-158, for development within the city to pay for designated facilities and equipment. The City Council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the resolution establishing the fee amounts, this development fee shall be paid by each developer prior to issuance of a building permit.

B. On an annual basis, the City Council shall review such fees to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

3. Limited use of fees. The revenues raised by payment of this fee shall be placed in a separate and special account and the revenues, along with any interest earnings on that account, shall be used solely to:

A. Pay for the city's future construction of facilities described in the resolution enacted pursuant to division (B) above or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

B. Reimburse developers who have been required or permitted by division (D) below to install the listed facilities which are oversized with supplemental size, length or capacity.

4. Developer construction of facilities . Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to division (B) above, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when the construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this section on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

5. Fee adjustments . A developer of any project subject to the fee described in division (B) above may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the facilities and equipment impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than:

6. Ten days prior to the public hearing on the development permit application for the project; or 2. If no development permit is required, at the time of the filing of the request for a building permit. 3. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. 4. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. 5. The decision of the City Council shall be final. 6. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(1973 Code, § 8-2.06) (Ord. 90-10, eff. 8-8-1990; Ord. 90-13, eff. 12-26-1991; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 1309, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022 150 Mechanical Code (Sections 150.030-150.031) 150.030 Adoption Of California Mechanical Code 150.031 Fees

150.030 Adoption Of California Mechanical Code

For the purposes of providing minimum standards to safeguard the life or limb, health, property, and the public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, comfort cooling and refrigeration systems, incinerators, and other miscellaneous heat-producing appliances in the City, that certain code designated as the “California Mechanical Code,” 2025 Edition, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 4, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Mechanical Code of the City.

(1973 Code, § 8-7.01) (Ord. 623, eff. - -; Am. Ord. 669, eff. 8-13-1975; Am. Ord. 738, eff. 1-17-1979; Am. Ord. 751, eff. 5- 15-1980; Am. Ord. 799, eff. 4-11-1984; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 150.031 Fees

A fee for each permit shall be paid to the Licensing and Revenue Office as set forth in § 150.003(B).

(1973 Code, § 8-7.02) (Ord. 669, eff. 8-13-1975; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 1012, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

150 Electrical Code (Sections 150.040-150.041) 150.040 Adoption Of The California Electrical Code 150.041 Fees

150.040 Adoption Of The California Electrical Code

For the purpose of protecting the public health and welfare and establishing rules and regulations for the construction, original electrical installation, and all electrical alterations and repairs, and the maintenance of electrical installations in all buildings and structures in the City, that certain code designated as the “California Electrical Code,” 2025 Edition, including Annex Chapters B and C, published by the National Fire Protection Association, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 3, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter, the provisions thereof shall be controlling within the limits of the City, and the Code shall be known as the Electrical Code of the City.

(1973 Code, § 8-4.01) (Ord. 584, eff. - -; Am. Ord. 669, eff. 8-13-1975; Am. Ord. 738, eff. 1-17-1979; Am. Ord. 799, eff. 4- 11-1984; Am. Ord. 94-2, eff. 3-301994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-12017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 150.041 Fees

A fee for each permit shall be paid to the Licensing and Revenue Office as set forth in § 150.003(B).

(Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

150 Plumbing Code (Sections 150.050-150.052)

150.050 Adoption Of The California Plumbing Code 150.051 Fees

150.052 Construction Site Restroom Facility

150.050 Adoption Of The California Plumbing Code

For the purpose of establishing minimum regulations for the installation, alteration and repair of plumbing and drainage systems and the inspection thereof, in the City, that certain code designated as the “California Plumbing Code,” 2025 Edition, including Appendix I (“Installation Standards”), Appendix K (“Potable Rainwater Catchment Systems”), thereto, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 5, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this subchapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Plumbing Code of the City.

he Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this subchapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Plumbing Code of the City.

(1973 Code, § 8-8.01) (Ord. 623, eff. - -; Am. Ord. 669, eff. 8-13-1975; Am. Ord. 738, eff. 2-17-1979; Am. Ord. 751, eff. 5- 15-1980; Am. Ord. 799, eff. 4-111984; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-12014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025

150.051 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

(1973 Code, § 8-8.02) (Ord. 669, eff. 8-13-1975; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 1012, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

150.052 Construction Site Restroom Facility

1. Private sanitary toilet facilities shall be provided at all construction sites for employees.

2. The toilet facility shall be placed at foundation stage of construction or when no other private sanitation is provided on property.

3. The facility shall be maintained until completion or when other facilities are provided for employees.

(1973 Code, § 8-8.03) (Ord. 669, eff. 8-13-1975; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 1309, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

150 Energy Code (Sections 150.055-150.056)

150.055 Adoption Of The California Energy Code 150.056 Fees

150.055 Adoption Of The California Energy Code

For the purpose of boosting building efficiency and supporting decarbonization, grid resilience, cost savings, and healthier indoor environments in the City, that certain code designated as the “California Energy Code,” 2025 Edition, published by the California Energy Commission, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 6, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this subchapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Energy Code of the City.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025

150.056 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

HISTORY

Adopted by Ord. 25-07 on 11/10/2025

150 Uniform Code For The Abatement Of Dangerous Buildings (Section 150.060) 150.060 Adoption Of The Uniform Code For The Abatement Of Dangerous Buildings

150.060 Adoption Of The Uniform Code For The Abatement Of Dangerous Buildings

For the purposes of protecting the public health and welfare and establishing rules and regulations for the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures in the city, that certain code designated as the "Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition", published by the International Conference of Building Officials, 1 copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter, and the code shall be known as the Dangerous Building Code of the city.

(1973 Code, § 8-3.01) (Ord. 623, eff. - -; Am. Ord. 669, eff. 8-13-1975; Am. Ord. 738, eff. 1-17-1979; Am. Ord. 751, eff. 5- 15-1980; Am. Ord. 799, eff. 4-11-1984; Am. Ord. 94-2, eff. 3-30-1994; Am. Ord. 99-6, eff. 8-25-1999; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014 1- 1-2014; Am. Ord. 16-03, eff. 1-1-2017) Penalty, see § 150.999

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022

150 Wildland-Urban Interface Code (Sections 150.065-150.067) 150.065 Adoption Of The California Wildland-Urban Interface Code 150.066 Amendments To Wildland-Urban Interface Code 150.067 Fees

150.065 Adoption Of The California Wildland-Urban Interface Code

For the purpose of establishing minimum requirements to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in the City, that certain code designated as the “California Wildland-Urban Interface Code,” 2025 Edition, including Appendix A (“General Recommendations”), Appendix F (“Characteristics of Fire-Smart Vegetation”), and Appendix G (“Voluntary Home-Hardening Recommendations”), published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 7, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this subchapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Wildland-Urban Interface Code of the City.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025

150.066 Amendments To Wildland-Urban Interface Code

(A) California Wildland-Urban Interface Code. The following sections of the California Wildland-Urban Interface Code are amended as follows:

(1) Section 103.1: The Building Department is hereby created and the official in charge thereof shall be known as the Code Official. The function of the Building Department shall be the implementation, administration, and enforcement of the provisions of this code.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025 150.067 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

HISTORY Adopted by Ord. 25-07 on 11/10/2025 150 International Existing Building Code (Sections 150.070-150.072) 150.070 Adoption Of California Existing Building Code 150.071 Amendments To Existing Building Code 150.072 Fees 150.070 Adoption Of California Existing Building Code

For the purposes of protecting the public health and welfare and establishing rules and regulations for the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City, that certain code designated as the “California Existing Building Code”, 2025 Edition, including Appendix B (“Supplementary Accessibility Requirements for Existing Buildings and Facilities”) and Appendix E (“Temporary Emergency Uses”), published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 10, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Existing Building Code of the City.

(Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Repealed & Replaced by Ord. 25-07 on 11/10/2025 150.071 Amendments To Existing Building Code

(A) California Existing Building Code. The following sections of the California Existing Building Code are amended as follows: (1) Section 103.1: The Building Department is hereby created and the official in charge thereof shall be known as the Code Official. The function of the Building Department shall be the implementation, administration, and enforcement of the provisions of this code.

HISTORY

Amended by Ord. 25-07 on 11/10/2025

150.072 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

HISTORY

Amended by Ord. 25-07 on 11/10/2025

150 Historical Building Code (Sections 150.075-150.076) 150.075 Adoption Of California Historical Building Code 150.076 Fees

150.075 Adoption Of California Historical Building Code

For the purpose of providing solutions for the preservation of qualified historical buildings or properties in the City, that certain code designated as the “California Historical Building Code,” 2025 Edition, published by the California Building Standards Commission, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 8, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this subchapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Historical Building Code of the City.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025

150.076 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

HISTORY

Adopted by Ord. 25-07 on 11/10/2025

• 150 International Property Maintenance Code (Sections 150.080 150.999) 150.080 Adoption Of The International Property Maintenance Code 150.999 Penalty

150.080 Adoption Of The International Property Maintenance Code

For the purposes of protecting the public health and welfare and establishing rules and regulations for the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City, that certain code designated as the "International Property Maintenance Code", 2024 Edition, including Appendix A (“Boarding Standards”), published by the International Code Council, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Property Maintenance Code of the City.

(Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 150.999 Penalty

1. Any person violating any of the provisions of § 150.001 or the Building Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

2. Any person violating any of the provisions of §§ 150.030 et seq. or the Mechanical Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

3. Any person violating any of the provisions of §§ 150.040 et seq. or the Electrical Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

4. Any person violating any of the provisions of §§ 150.050 et seq. or the Plumbing Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

(1973 Code, § 8-8.04) (Ord. 669, eff. 8-13-1975; Am. Ord. 738, eff. 1-17-1979; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

150 Green Building Standards Code (Sections 150.085-150.086) 150.085 Adoption Of California Green Building Standards Code 150.086 Fees

150.085 Adoption Of California Green Building Standards Code

For the purpose of improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the City, that certain code

designated as the “California Green Building Standards Code,” 2025 Edition, published by the California Building Standards Commission, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 11, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this subchapter as though set forth in this subchapter in full, subject, however, to any amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Green Building Standards Code of the City.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025

150.086 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

HISTORY

Adopted by Ord. 25-07 on 11/10/2025 - 150 Swimming Pool And Spa Code (Sections 150.090 150.092) 150.090 Adoption Of International Swimming Pool And Spa Code 150.091 Amendments To Swimming Pool And Spa Code 150.092 Fees

150.090 Adoption Of International Swimming Pool And Spa Code

For the purpose of establishing minimum requirements to provide a reasonable level of safety, health, property protection and general welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of pools and spas in the City, that certain code designated as the “International Swimming Pool and Spa Code,” 2024 Edition, published by the International Code Council, one (1) copy of which is on file in the office of the Building Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter, the provisions thereof shall be controlling within the limits of the City, and the code shall be known as the Swimming Pool and Spa Code of the City.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025 150.091 Amendments To Swimming Pool And Spa Code

(A) International Swimming Pool and Spa Code. The following sections of the International Swimming Pool and Spa Code are amended as follows: (1) Section 103.1: The Building Department is hereby created and the official in charge thereof shall be known as the Code Official. The function of the Building Department shall be the implementation, administration, and enforcement of the provisions of this code.

HISTORY

Adopted by Ord. 25-07 on 11/10/2025 150.092 Fees

A fee for each permit shall be paid to the Licensing and Revenue office as set forth in § 150.003(B).

151.01 Definitions

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASSOCIATION . A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

COMMON INTEREST DEVELOPMENT . Any of the following;

1. A community apartment project;

2. A condominium project;

3. A planned development; and

4. A stock cooperative.

ELECTRONIC SUBMITTAL . The utilization of one or more of the following:

1. Email;

2. The internet; and/or

3. Facsimile.

REASONABLE RESTRICTIONS ON A SOLAR ENERGY SYSTEM . Those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

RESTRICTIONS THAT DO NOT SIGNIFICANTLY INCREASE THE COST OF THE SYSTEM OR DECREASE ITS EFFICIENCY OR SPECIFIED PERFORMANCE . Means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM . All of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards;

3. A solar energy system that is installed on a single or duplex family dwelling; and

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

SOLAR ENERGY SYSTEM . Either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

SPECIFIC, ADVERSE IMPACT . A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

• (Ord. 15-03, eff. 10-14-2016)

151.02 Purpose

The purpose of the chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. The chapter allows the city to achieve these goals while protecting the public health and safety.

(Ord. 15-03, eff. 10-14-2016)

151.03 Applicability

1. Sections 151.01 through 151.05 of this chapter apply to the permitting of all small residential rooftop solar energy systems in the city. Sections 151.01, 151.04, and 151.06 apply to all solar energy systems which do not meet the definition of small residential rooftop solar energy system set forth in § 151.01.

2. Solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that change the size of the system by more than 10% in any dimension, or that change the type, or any major components of a solar energy system in such a way as to require new permitting.

3. Routine operation, repair and maintenance shall not require a permit.

(Ord. 15-03, eff. 10-14-2016)

151.04 Solar Energy System Requirements

1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.

2. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. 15-03, eff. 10-14-2016)

151.05 Duties Of Building Department And Building Official

1. The Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

   2. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

   3. Electronic submittal of the required permit application and documents by email, the internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

   4. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

   5. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

• (Ord. 15-03, eff. 10-14-2016)

151.06 Permit Review And Inspection Requirements For Small Residential Rooftop Solar Energy Systems

1. The City Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this chapter. For permit applications submitted over-the-counter, the Building Department shall issue a building permit or other nondiscretionary permit the same day if plan review staff are available; for permit applications submitted electronically, the Building Department shall issue the permit within 3 business days of receipt. The time to issue a permit begins upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.

2. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and Federal health and safety requirements.

3. The Building Official may require an applicant to apply for a use permit if the Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.

4. If a use permit is required, the Building Official may deny an application for the use permit if the Official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission.

5. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

6. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of the Cal. Civil Code § 714(d)(1)(A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

7. The City shall not condition approval of an application on the approval of an association, as defined in the Cal. Civil Code § 4080.

8. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

9. Only 1 inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.

10. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within 2 business days of a request and provide a 2-hour inspection window.

11. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. 15-03, eff. 10-14-2016)

151.07 Requirements For Solar Energy Systems Other Than Small Residential Rooftop Systems

(A) An application for a permit to construct or install a solar energy system other than a “small residential rooftop system” as that term is defined in section 151.01 (B) of this Chapter shall include three sets of plans, sized at a minimum of 11 inches by 17 inches and drawn to scale, readable, legible and shall include all of the following information:

• (1) Cover sheet including:

  • (a) project address; (b) owner’s name, address, and phone number; (c) Name, address, and phone number of the person preparing the plans; (d) scope of work statement; (e) number of stories and number of dwelling units; (f) sheet index indicating each sheet title and number; and (g) legend for symbols, abbreviations, and notations used in the drawings

(2) A schematic site plan showing the footprint location of the solar energy system, location of the main service and the exterior and interior locations of all equipment and disconnects. For ground mount systems, the plan must show the locations of property lines and distances from the system to property lines and any structures on the property. For multi-story buildings, the plan must indicate the roofline at each floor level on the site plan.

(3) An electrical plan showing:

(a) The kW rating of the solar PV system and whether it is a utility interactive, stand-alone, or ground mount system; (b) Complete electrical calculations for the proposed solar PV system or load calculations for the entire structure if the main breaker is de-rated; (c) Single line diagram of the electrical installation which includes the solar PV panel layout, PV power source short circuit current rating, conductor size and type, conduit size and type, location and lengths of runs, wiring methods, inverter location, disconnect locations, battery locations (if applicable), point of connection to the existing electrical system (with the existing service and disconnect size and the number of meters) and any existing PV systems (if applicable); (d) Site specific signage information required for the solar PV installation suitable for the environment.

• (4) A roof plan showing:

• (a) Description of size, spacing, span and direction of existing rafters, ceiling joists, and framing support members.

(1) If the roof framing exceeds the allowable spacing or span limits, the applicant must provide one of the following: i. stamped and signed engineered plans and calculations justifying the adequacy of the existing roof framing; ii. stamped and signed engineered plans and calculations for framing modifications necessary to accommodate the solar panel installation; or iii. roof framing plan and details for modifications to meet conventional framing requirements of the California Building Code as adopted in section 150.001 et seq.

• (b) Location of load bearing walls on the framing cross-section.

• (c) Section or detail showing that the solar PV panels are flush mounted.

(1) Panels that are not flush mounted (10 inches or less) require a licensed engineer to provide structural design calculations and details for wind uplift and all connections;

(d) Attachment details showing the type, diameter, and length of embedment of bolts and their spacing, the number of bolts per solar PV panel (or alternatively, the square footage of panel per bolt).

• (5) The manufacturer’s specification sheets, including:

(a) make, model, listing, size, and weight for all components including, but not limited to, inverters, panels, racks, and combiner boxes. (b) two complete copies of the Solar Panel Installation Manual as well as the specifications for the grounding method to be used. Grounding method used must comply with installation manual requirements.

• (6) Fire Safety Requirements must be shown on the plans, including:

  • (a) Notes indicating markings on interior and exterior DC conduit, enclosures, raceways.

(1) The material shall be reflective, weather resistant and suitable for the environment. All letters capitalized with a minimum height of 3/8 inches white on red background. (2) The markings shall contain the words “WARNING: PHOTOVOLTAIC POWER SOURCE.” (3) The markings shall indicate the main service disconnect adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated. (4) the markings shall be placed every 10 feet, within 1 foot of turns or bends and within 1 foot above and below penetrations of roof/ceiling assemblies, walls or barriers.

• (b) Locations of DC conductors to meet the criteria of the California Building Code as adopted in section 150.001 et seq.

(1) Conduit, wiring systems, and raceways shall be located as close as possible to the ridge or hip or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities; (2) Conduit runs between sub arrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof by taking the shortest path from the array to the DC combiner box. (3) DC wiring shall be installed in metallic conduit or raceways when located within enclosed spaces in a building.

• (c) Locations of clear access paths as required by the California Building Code as adopted in section 150.001 et seq.

(1) Regardless of roof design, PV panels shall be no closer than 3 feet to a ridge unless allowed by the currently adopted California Building Code edition. (2) Access to residential photovoltaic system shall be in accordance with:

i. Sections of the California Building Code as adopted in section 150.001 et seq. applicable to structures with hip roofs. ii. Sections of the California Building Code as adopted in section 150.001 et seq. applicable to structures with a single ridge. iii. Sections of the California Building Code as adopted in section 150.001 et seq. applicable to structures with roof hips and valleys. iv. Roofs with slopes of 2:12 or less shall not be subject to the requirements of this subsection (c).

• (B) Inspections

(1) All solar energy systems subject to this section shall be inspected for compliance with this section and for compliance with the manufacturer’s installation requirements for grounding. (2) The systems shall be ready for inspection with all boxes open. (3) The City’s Inspector shall have access to all parts of the system. (4) The permit, approved plans, and specifications shall be readily available on site at the time of inspection. (5) Any changes to approved plans must be reviewed and approved by the Building Department prior to scheduling the inspection.

(Ord. 15-03, eff. 10-14-2016)

HISTORY

Amended by Ord. 19-09 on 11/25/2019 152 MASTER PLAN 152.01 Adoption 152.02 Non-Auto Circulation Element

152.01 Adoption

Pursuant to the provisions of the California Planning Law, the Master Plan of the City, dated January 5, 1965, prepared by Packard, Muir and Train, Planning Consultants, and the County Planning Department, and recommended by the Planning Commission of the city, is hereby adopted as the Master Plan of the city.

(1973 Code, § 9-2.01) (Ord. 528, eff. - -)

152.02 Non-Auto Circulation Element

Pursuant to the provisions of the California Planning Law, there is hereby added to the Circulation Element of the Master Plan of the City that certain NonAuto Circulation Element, dated 1974, prepared by Fred Barber.

(1973 Code, § 9-2.02) (Ord. 654, eff. September 26, 1974)

153 LANDSCAPING DEVELOPMENT

153.01 Landscaping Requirements 153.02 Projects Requiring Landscaping Review 153.03 Application Process 153.04 Variance Procedure 153.05 Principles Of Landscaping Design 153.06 Parking Lot Requirements 153.07 Building Requirements 153.08 Maintenance Requirements

153.01 Landscaping Requirements

1. 1. The landscaping of all areas of the community is intended to provide visual relief and delight, to complement buildings and other structures, to provide a transitional area between potential competing land uses, to aid in reducing air pollution and to provide an attractive environment for the enjoyment of the public.

2. Landscaping which is integrated with building design is an acceptable and desirable objective of contemporary community development.

3. 1. This chapter is intended to be a reasonable guideline to developers so that they may plan their projects accordingly. 2. The city encourages innovative techniques or uses of alternative plants and planting schemes and landscape designs.

4. To assure that the purpose of the landscaping standards will be carried out, the following principles of landscaping design and landscape plan specifications have been adopted to guide the developer and the city administration wherever landscaping or a landscape plan is required.

(1973 Code, § 9-6.01) (Ord. 672, eff. 12-10-1975)

153.02 Projects Requiring Landscaping Review

Landscaping plans and planting are required for the following projects:

1. For use permits at the discretion of the Planning Commission;

2. For building permits for new construction, except single-family; for additions to buildings provided the addition will increase the floor area more than 50% or 2,500 square feet, whichever is less; and for remodels that have a value in excess of twice the assessed value;

3. For projects that require environmental review as related to building projects; and

4. For new parking lots with more than 10 stalls; for parking lots that are completely reconstructed; and for existing parking lots increased more than 50% in size or if 20 or more stalls are added.

(1973 Code, § 9-6.02) (Ord. 672, eff. 12-10-1975)

153.03 Application Process

Complete landscaping plans shall be submitted to the Planning Department at the time of the application for a project for review by the Planning Department and shall include the following.

1. All planting areas shall be drawn to scale and plants shall be clearly located and labeled. The size, number, type and botanical and common names shall be shown.

2. The types of irrigation systems shall be indicated.

3. The Planning Commission or committees thereof may require the plans to be reviewed by a landscape architect or qualified nurseryperson at the cost of the developer.

(1973 Code, § 9-6.03) (Ord. 672, eff. 12-10-1975; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

153.04 Variance Procedure

1. In those cases where strict compliance with these development standards may be a hardship on an applicant, an alternate plan accomplishing the objectives of this chapter may be submitted for review by the Community Development Director.

2. In the event the Community Development Director determines the proposal entails greater deviation from the requirements of this chapter than necessary to address the hardship on the applicant, that he or she cannot make the findings required by Cal. Gov't Code § 65906 or that the provisions of this chapter do not plainly address the condition or situation of the site and the proposal, he or she shall refer the landscape plans to the Planning

Commission to review the plans, with ten days' mailed notice to the record owners of property contiguous with the property which is the subject of the application

3. In the event the applicant disagrees with the decision of the Planning Commission, he or she may appeal the action to the City Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, § 9-6.04) (Ord. 672, eff. 12-10-1975; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 09-02, eff. 4-8-2009)

153.05 Principles Of Landscaping Design

1. Plan preparation . It is recommended that the services of a registered landscape architect or landscape contractor be employed in preparing the landscape plan. In addition to plants, the use of structural elements, such as pools, fountains, decks, raised planters, benches and sunshades, is encouraged in the landscape plan.

2. Plant materials . The selection of plant materials should include both evergreens and deciduous trees, shrubs and attractive erosion preventing ground cover. Attention should be given to the appearance, height, spread, growth rate, potential root damage, disease and pest susceptibility, soil drainage, climatic adaptability and the degree of maintenance required. Attention or preference should also be given to the existing trees and natural foliage to incorporate them into the landscape.

3. Plant coverage . Plants should be so spaced and sized that, when mature, they will fill the planter area and provide balance in the intended landscaped area. Although a reasonable length of time will be allowed for full plant coverage to develop, interim ground cover should be provided during this period. A substitute cover of surfacing material shall consist of rocks, gravel, ornamental mulch material, chips or any other acceptable materials.

(1973 Code, § 9-6.05) (Ord. 672, eff. 12-10-1975)

153.06 Parking Lot Requirements

1. All automobile parking lots constructed, (excepting for single-family use, excluding mobile homes) which are to be used for customer, resident, client or employee automobile parking, shall be designed and developed in accordance with the following landscape design standards.

2. These standards shall not apply to industrial, airport industrial, corporation yard, new and used car and truck sales areas or utility facilities wherein work areas are needed for large equipment or the storage of materials or autos, except that perimeter and street frontage buffer strips shall be required. 1. Perimeter landscaping .

   1. A landscaped strip at least 4 feet wide shall be installed and maintained adjacent to any building or fence or to any property line separating the parking area from residential, commercial, industrial or office building zoned or used properties and adjacent parking lots. Decorative native rock retaining walls or masonry retaining walls shall need only a 2- foot wide planter area.

   2. The strip shall be landscaped using live ornamental trees, shrubs, and ground cover in accordance with the following minimum specifications. As a guide to the number of trees and shrubs and subject to practical variation in placement, trees (minimum 15 gallon size) shall be planted approximately 20 feet center to center and shrubs (minimum 5 gallon size) shall be spaced appropriately between trees. Ground cover shall be planted in all areas not occupied by trees or shrubs. Plants shall be rooted cuttings from flats and placed so as to have uniform covering within 12 months after planting.

   3. Landscaped strips . A landscaped strip at least 4 feet wide shall be constructed adjacent to the street frontage on parking lots, except that portion of the frontage within 2 feet of driveways or alleys.

      1. The planting in the landscaped area shall be the same as set forth in division (B)(1) above.

      2. Screening shall be provided by one of the following methods or combinations thereof:

         1. A decorative masonry wall between 24 inches and 30 inches in height shall be placed approximately in the center of the planting area parallel to the street.

         2. A screening hedge may be planted using shrubs which shall not exceed 3 feet in height and shall consist of compact evergreen plants having a minimum height of 18 inches within 18 months after the initial installation.

         3. An earth berm with a height of 3 feet to 4 feet may be substituted provided the landscaped strip is widened appropriately to provide ease of maintenance and slopes not to exceed 2 feet horizontally to 1 foot vertically.

      3. Plants used in these planter areas shall not be located within 10 feet of a street or alley intersection or within 10 feet of the driveway. The last 10 feet can be decorative rock or bark, or equal, or low ground cover.

3. Interior planting areas .

1. To break the expanse of paving, planting areas shall be installed on the interior of all parking lots providing more than 10 spaces. One 3- foot wide landscape break shall be provided every 8 stalls, or, as an alternate, the grouping of landscaped break areas may be permitted, except that in no case shall there be more than 16 stalls without a landscape break.

   2. Not less than 3% of the gross area of the parking lots shall be devoted to the interior planting areas. Landscaping provided in conjunction with the development of a building shall not be considered as part of the 3%.

   3. The planting areas shall be distributed as evenly as possible throughout the parking area. All unused space resulting from the design of the parking spaces shall be used for planting purposes.

   4. A minimum of 1 tree (minimum 15-gallon size) shall be in each planter area which shall contain 20 square feet. Shrubs and ground cover shall be used in all planter areas.

2. General requirements .

   1. At least 50% of the plants and shrubs shall be living evergreen vines, shrubs, ground cover or a combination thereof. The remaining 50% would be deciduous varieties of shrubs and trees. Trees shall be living, a minimum of 50% of which shall be evergreen type. The following minimum sizes shall be: trees, 15-gallon; and shrubs, 5-gallon.

   2. Planting areas shall be separated from vehicular areas and street rights-of-way by a concrete curb at least 6 inches high.

   3. All landscaped areas shall be irrigated by means of a permanent automatic or manual watering system.

   4. All planting areas shall have an average width of 3 feet or more.

3. If mature existing trees are involved with the parking layout, consideration will be given as to credit for parking stalls if the trees are retained.

(1973 Code, § 9-6.06) (Ord. 672, eff. 12-10-1975)

153.07 Building Requirements

The Planning Department and the Planning Commission, or a committee thereof, shall review each project as to landscaping adequacy adjacent or near the building, or buildings, or remaining ground area. Unless excluded by approved phase development, all parts of the site not built upon or paved shall be landscaped. The total of all landscaped areas shall be at least 5% of the gross area of the total parcel or lot, with a minimum of 2% of the landscaped area required in conjunction with any building in the event the developer otherwise provides a landscaped parking area.

(1973 Code, § 9-6.07) (Ord. 672, eff. 12-10-1975; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

153.08 Maintenance Requirements

1. All landscaping and irrigation installed pursuant to the provisions of this chapter shall thereafter be maintained by the developer and any and all subsequent owners of the real property.

2. To guarantee the maintenance of the landscaping for a minimum period of 3 years after installation, the developer shall comply with either of the following provisions:

3. Deposit with the city a maintenance bond, cash, letter of credit or its equivalent in an amount equal to ½ the market value of the landscaping and irrigation, guaranteeing the proper care, treatment, and maintenance of such landscaping during the aforesaid period; or

   2. In the alternative, execute an agreement and equitable lien in an amount equal to the full market value of the landscaping and irrigation with the city, guaranteeing the maintenance thereof during the aforesaid period, and, upon default thereof, the city may notify the owner of the real property that the agreed maintenance shall be provided within 10 days, and, in the event the same is not so provided, the city may thereafter perform any and all maintenance work it deems necessary and bring legal action against the owner for the full cost of the maintenance work performed by the city or foreclose of the equitable lien as provided by law.

(1973 Code, § 9-6.08) (Ord. 672, eff. 12-10-1975)

154 INDUSTRIAL DEVELOPMENT

154 Authority (Sections 154.01-154.04)

154 Authority (Sections 154.01-154.04)

154.01 Purpose

154.02 Agency Created

154.03 Council To Serve As The Authority

154.04 Powers And Duties

154.01 Purpose

The California Industrial Development Financing Act, commencing with Cal. Gov't Code § 91500, authorizes the establishment of an industrial development authority for the city for the achievement of increasing opportunities for useful employment or otherwise contributing to economic development within the city. The need for the establishment of an industrial development authority is based upon the finding that industry requires new and alternative methods of capital finance which public agencies can provide in order for industry to undertake the acquisition, construction or rehabilitation of facilities which will serve those public purposes.

(1973 Code, § 9-7.01) (Ord. 808, eff. 7-10-1985)

154.02 Agency Created

There is a need in the city for an industrial development authority, and such an agency, to be called the Auburn Industrial Development Authority, is hereby created.

(1973 Code, § 9-7.02) (Ord. 808, eff. 7-10-1985)

154.03 Council To Serve As The Authority

The Council, pursuant to Cal. Gov't Code § 91523, hereby declares itself to be the Auburn Industrial Development Authority.

(1973 Code, § 9-7.03) (Ord. 808, eff. 7-10-1985)

154.04 Powers And Duties

The Auburn Industrial Development Authority is authorized to transact business and exercise all of the powers and other authority conferred upon it by the California Industrial Development Financing Act.

(1973 Code, § 9-7.04) (Ord. 808, eff. 7-10-1985)

155 GRADING, EROSION AND SEDIMENT CONTROL

155 General Provisions (Sections 155.001-155.006) 155 Permit General Requirements (Sections 155.020-155.025) 155 Procedures (Sections 155.035-155.043) 155 Plans And Specifications (Sections 155.055-155.061) - 155 Permit Requirements (Sections 155.075 155.090) 155 Design Standards (Sections 155.100-155.118) 155 Administration And Enforcement (Sections 155.130-155.999)

Editor's Note:

Former§§ 7-9.01 through 7-9.05, codified from Ords. 644 and 688, as amended by Ords. 688, effective 8-11-1976, and 88-3, effective 5-11-1988, amended in their entirety by Ord. 90-2, effective 3-28-1990.

155 General Provisions (Sections 155.001-155.006)

155.001 Title

155.002 Purpose

155.003 Definitions

155.004 Grading Permit Required 155.005 Exemptions 155.006 Improvement Security; Required

155.001 Title

This chapter shall be known as the "Grading Ordinance of the City of Auburn."

(1973 Code, § 7-9.101) (Ord. 90-2, eff. 3-28-1990)

155.002 Purpose

This chapter is enacted for the purpose of regulating grading on private property within the incorporated area of the city to safeguard life, limb, health, property and public welfare; to avoid pollution of watercourses with nutrients, sediments or other earthen materials generated on or caused by surface runoff on or across the permit area; and to ensure that the intended use of a graded site is consistent with the Auburn Area General Plan, any specific plans adopted thereto and applicable city ordinances including the zoning ordinance and Chapter 70 of the Uniform Building Code. In the event of conflict between Chapter 70 of the Uniform Building Code and this chapter, the provisions of this chapter will prevail.

(1973 Code, § 7-9.102) (Ord. 90-2, eff. 3-28-1990)

155.003 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BEDROCK . The solid undisturbed rock in place either exposed at the ground surface or beneath surficial deposits of loose rock or soil.

BENCH . A relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

CITY COUNCIL . The City Council of the City of Auburn.

CITY ENGINEER . The City Engineer of the City of Auburn, California, acting either directly or through his or her authorized deputies, subject to the administrative direction of the City Manager.

COMPACTION . The increase of density of a soil or rock fill by mechanical means.

CUT . See EXCAVATION .

DEPARTMENT . The Public Works Department of the City of Auburn.

DEPTH OF FILL . The vertical dimension from the exposed fill surface to the original ground surface.

DEPTH OF EXCAVATION (CUT) . The vertical dimension from the exposed cut surface to the original ground surface.

DRAINAGE WATERS . Surface waters which collect, or are accumulated, on the ground and which, by means of drainage ways or water courses, flow off the surface to larger rivers, streams or lakes. The waters shall include, but are not limited to natural precipitation and irrigation waters.

DRAINAGE WAY . A depression in the earth's surface such as swales, ravines, gullies, slews, draws, hollows or ditches in which surface waters collect for drainage, but which otherwise are destitute of water.

EMBANKMENT . See FILL .

ENCROACHMENT PERMIT . A written permit issued by the Department of Public Services authorizing certain work within a publicly-maintained rightof-way.

ENGINEERING GEOLOGIST . A registered geologist certified as an Engineering Geologist by the state.

ENGINEERING GEOLOGY . The application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

EROSION . The wearing away and transportation of earth material as a result of the movement of wind, water or ice.

EXCAVATION (CUT) . The removal of naturally occurring earth materials by mechanical means and includes the conditions resulting therefrom.

EXISTING GRADE . The elevation of the ground surface at a given point prior to excavating or filling.

. EXPANSIVE SOIL . Any soil which exhibits significant expansive properties as determined by a geotechnical engineer or the City Engineer.

FILL (EMBANKMENT) . The deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom.

FINISH GRADE . The final grade of the site after excavating or filling which conforms to the approved final grading plan. The FINISH GRADE is also the grade at the top of a paved surface.

GEOLOGIC HAZARD . Any condition in naturally occurring earth materials which may endanger life, health or property.

GEOTECHNICAL ENGINEER . A civil engineer registered by the state who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title "soil engineer."

GEOTECHNICAL ENGINEERING . The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

GRADE . The vertical location of the ground surface.

1. EXISTING GRADE . The grade prior to grading.

2. FINISH GRADE . The final grade of the site which conforms to the approved plan.

3. ROUGH GRADE . The stage at which the grade approximately conforms to the approved plan.

GRADING . Any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative ground cover.

GRADING PLAN . A plan prepared in accordance with this chapter showing grading and related work.

GRADING WORK . Grading and related work, such as, but not limited to drainage improvements and erosion and sediment control.

KEYWAY . A special backfilled excavation which is constructed beneath the toe area of a planned fill slope or sloping ground to improve the stability of the slope.

LANDSCAPE ARCHITECT . A landscape architect registered by the State of California.

LEVEL; LAND LEVELING OPERATION . The physical movement of rock or soil which results in a change in the topography of the land.

LOT . See PARCEL .

OWNER . The person shown as the legal owner of the property on the latest equalized assessment roll in the office of the County Assessor.

PARCEL (LOT) . Land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder's office.

PERMIT . An approved grading permit issued pursuant to this chapter authorizing certain grading work.

PERMITTEE . Any person to whom a permit is issued pursuant to this chapter.

PERSON . Any natural person, firm, corporation or public agency whether principal, agent, employee, or otherwise.

PLANNING AUTHORITY . The Planning Director of the city; acting directly or through his or her authorized agents.

PRELIMINARY GRADING PLAN . A plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit.

PUBLIC WORKS DIRECTOR . The Public Works Director of the City of Auburn, California, acting either directly or through his or her authorized deputies, subject to the administrative direction of the City Manager.

RAINY SEASON . The period of the year during which there is a substantial risk of rainfall. For the purpose of this chapter, the RAINY SEASON is defined as from October 15 to May 1, inclusive.

SEDIMENT . Any material transported or deposited by water, including soil debris or other foreign matter.

SITE . Any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

SLOPE . An inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

SOIL . All earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

STRUCTURE . That which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner.

TERRACE . A relatively level step constructed in the face of a graded slope surface for drainage, maintenance or other purposes.

VEHICULAR WAY . A private roadway or driveway.

VEGETATION . Plant life or total plant cover of an area.

WATERCOURSE . Any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay or storage of waters, which functions at any time to convey or store storm water runoff. Natural channels shall generally be limited to those designated by a solid line or a dash and three dots as shown in blue on the most recent U.S. Geological Survey 7.5 minute series of topographic maps. At the discretion of the City Engineer the definition of natural channel may be limited to those channels having a watershed area of 50 acres or more, and this definition will be commonly used in connection with the administration of this chapter except for those cases in which the City Engineer determines that the definition must be extended to a natural channel with a watershed smaller than 50 acres in order to prevent a condition which is a menace to life, limb, endangers property is a hazard to public safety, adversely affects the safety, use or serviceability of adjacent property, public way or drainage channel, or could adversely affect the water quality of any water bodies or watercourses.

WORK . See GRADING WORK .

(1973 Code, § 7-9.103) (Ord. 90-2, eff. 3-28-1990)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

155.004 Grading Permit Required

Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the city without a valid permit obtained from the City Engineer.

(1973 Code, § 7-9.201) (Ord. 90-2, eff. 3-28-1990)

155.005 Exemptions

1. The following grading may be done without obtaining a permit.

2. Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this chapter.

   1. Minor projects which have cuts or fills, each of which is less than 5 feet in vertical depth at its deepest point measured from the existing ground surface, and which include all of the following:

      1. Less than 50 cubic yards of graded material;

      2. The removal, plowing under or burial of less than 5,000 square feet of vegetation on slopes 10% or greater or less than 10,000 square feet of vegetation on slopes less than 10%;

      3. Do not create unstable or erodible slopes; and

      4. Do not encroach onto sewage disposal systems or areas.

   2. Grading done by or under the supervision or construction control of a public agency that assumes full responsibility for the work;

   3. Excavations in connection with a swimming pool authorized by a valid building permit;

   4. Trenching and grading incidental to the construction or installation of approved underground pipe lines, septic tank disposal fields, conduits, electrical or communication facilities and drilling or excavation for post holes or approved wells;

   5. Excavations less than 150 cubic yards for soil or geological investigations by a geotechnical engineer, civil engineer or engineering geologist;

   6. Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan or sanitary landfill;

3. Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition;

   8. Routine cemetery excavations and fills;

   9. Performance of emergency work necessary to protect life or property when an urgent necessity therefore arises; and (The person performing the emergency work shall notify the City Engineer promptly of the problem and work required and shall apply for a permit therefor within 10 calendar days after commencing the work.)

   10. An excavation below finished grade for basements and footings of a building authorized by a valid building permit.

(1973 Code, § 7-9.202) (Ord. 90-2, eff. 3-28-1990)

155.006 Improvement Security; Required

1. 1. As a condition for the issuance of a permit, the City Engineer may require the deposit of improvement security in sufficient amount deemed necessary by him or her to assure faithful performance of the work in the event of default on the part of permittee or, in the case of a subdivision, where the permittee does not proceed with preparation and obtaining the approval of a final map.

   2. The security shall be in a form acceptable to the city.

2. In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made, all grading work and subdivision improvements have been accepted by the City Council.

3. For projects other than subdivisions, the improvements security shall remain in effect until final inspections have been made and all grading work has been accepted by the City Engineer.

4. 1. In addition to the improvement security, the City Engineer may also require the deposit of maintenance security in sufficient amount deemed necessary by him or her to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control.

   2. The maintenance security shall be in the form acceptable to the city and shall remain in effect for a period of 1 year after the date of acceptance of the improvements as designated in divisions (B) and (C) above.

5. Any deposit required by the City Engineer pursuant to this chapter shall be payable to the city.

6. 1. Upon satisfaction of applicable provisions of this chapter, the improvement and maintenance security deposits will be released.

   2. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the city may do the required work, or cause it to be done and collect from the permittee and surety all costs incurred thereto, including administrative and inspection costs.

   3. Any unused portion of a deposit shall be refunded to the permittee after deduction by the city of the cost of the work.

(1973 Code, § 7-9.801) (Ord. 90-2, eff. 3-28-1990)

155 Permit General Requirements (Sections 155.020-155.025)

155.020 Grading

155.021 Water Obstruction

155.022 Construction In Public Rights-Of-Way

155.023 Hazards 155.024 Not Retroactive 155.025 Administration

155.020 Grading

No person shall do or permit to be done any grading in a manner that quantities of dirt, soil, rock, debris or other material substantially in excess of natural levels are washed, eroded or otherwise moved from the site, except as specifically provided for by a permit.

(1973 Code, § 7-9.301) (Ord. 90-2, eff. 3-28-1990) Penalty, see § 155.999

155.021 Water Obstruction

No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of storm waters, whether the waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses or improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion, except where said grading is in accordance with all applicable laws, including, but not limited to these permit requirements.

(1973 Code, § 7-9.302) (Ord. 90-2, eff. 3-28-1990) Penalty, see § 155.999

155.022 Construction In Public Rights-Of-Way

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the Public Works Director.

(1973 Code, § 7-9.303) (Ord. 90-2, eff. 3-28-1990) Penalty, see § 155.999

HISTORY

Amended by Ord. 25-05 on 10/27/2025 155.023 Hazards

1. Whenever the City Engineer determines that any grading on private property constitutes a condition which is a hazard to public safety, endangers property, adversely affects the safety, use or stability of adjacent property, or an overhead or underground utility, or a public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in control of the property, upon receipt of notice in writing from the City Engineer shall within the period specified therein, obtain a grading permit and conform to the conditions of the permit.

2. The City Engineer may require the submission of plans or soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any corrective or proposed work or activity.

(1973 Code, § 7-9.304) (Ord. 90-2, eff. 3-28-1990)

155.024 Not Retroactive

1. This chapter shall be prospective in operation only.

2. The provisions of this chapter shall not apply to existing construction for which all previously necessary permits were obtained.

3. The provisions shall also not apply to a project or development not yet constructed provided that an appropriate permit has been obtained and the permit bears a date prior to the effective date of the ordinance codified in this chapter.

(1973 Code, § 7-9.305) (Ord. 90-2, eff. 3-28-1990)

155.025 Administration

This chapter shall be administered for the city by the City Engineer.

(1973 Code, § 7-9.306) (Ord. 90-2, eff. 3-28-1990)

155 Procedures (Sections 155.035-155.043) 155.035 Filing 155.036 Compliance With CEQA

155.037 Referral To Other Public Agencies

155.038 Permit Conditions

155.039 Permission Of Other Agencies Or Owners

155.040 Location Of Property Lines

155.041 Time Limits 155.042 Validity 155.043 Appeals

155.035 Filing

1. Applications for permits shall be filed with the City Engineer or forms furnished by his or her office.

2. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans and a statement of the intended use of the site.

3. Only one application and permit is allowed for grading work to be done on a site.

4. The City Engineer shall determine whether the application is complete in accordance with provisions of this subchapter and may require additional information from the applicant before accepting the application as complete. The applicant shall be notified within 5 working days if his or her application is deemed incomplete, and the requirements for completing the application.

(1973 Code, § 7-9.401) (Ord. 90-2, eff. 3-28-1990)

155.036 Compliance With CEQA

1. The California Environmental Quality Act (CEQA) may require the preparation of environmental documents concerning a proposed grading project.

2. In such event, the city will be a responsible agency or may function as the lead agency.

3. The City Engineer will advise the applicant as to any additional information required with the permit application.

(1973 Code, § 7-9.402) (Ord. 90-2, eff. 3-28-1990)

155.037 Referral To Other Public Agencies

The City Engineer may refer an application to other interested public agencies for their recommendations.

(1973 Code, § 7-9.403) (Ord. 90-2, eff. 3-28-1990)

155.038 Permit Conditions

1. No permit shall be granted unless the project conforms with the Auburn Area General Plan, and specific plans adopted thereto, and applicable city ordinances including the zoning ordinance.

2. Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit, no grading permit shall be granted prior to approval by the applicable planning authority.

3. The permit shall be limited to work shown on the grading plans as approved by City Engineer. In granting a permit, the City Engineer may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a hazard to public or public or private property, and to assure proper completion of the grading, including, but not limited to:

   1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings;

   2. Improvement of any existing grading to comply with the standards of this chapter;

   3. Requirements for fencing or other protection of grading which would otherwise be hazardous;

   4. Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads and haul routes;

   5. Requirements for safeguarding watercourses, whether natural or man-made, from excessive deposition of sediment or debris in quantities exceeding natural levels;

4. Requirements for safeguarding areas reserved on-site sewage disposal;

   7. Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of flooding can be eliminated or adequately reduced;

   8. Requirements for safeguarding existing water wells.

(1973 Code, § 7-9.404) (Ord. 90-2, eff. 3-28-1990)

155.039 Permission Of Other Agencies Or Owners

No permit shall relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or agency of the city, Placer County or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee. Proof of application for applicable public agency permits may be required prior to issuance of grading permit.

(1973 Code, § 7-9.405) (Ord. 90-2, eff. 3-28-1990)

155.040 Location Of Property Lines

Whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer or resolution of title all at the expense of the applicant may be required by the City Engineer.

(1973 Code, § 7-9.406) (Ord. 90-2, eff. 3-28-1990)

155.041 Time Limits

1. 1. The permittee shall perform and complete all the work required by the permit within time limits specified in the permit.

   2. If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the City Engineer works no later than 30 days prior to the expiration of the permit.

   3. The City Engineer may grant additional time for the work.

2. 1. If all the permit work required is not completed within the time limit specified in division (A) above, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the City Engineers who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in city regulations, or changed circumstances in the immediate area.

   2. Any revised plan shall be submitted to the City Engineer for review and any costs thereof shall be at the applicant's expense.

(1973 Code, § 7-9.407) (Ord. 90-2, eff. 3-28-1990)

155.042 Validity

The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this chapter or of any other applicable laws, ordinances, rules or regulations.

(1973 Code, § 7-9.408) (Ord. 90-2, eff. 3-28-1990)

155.043 Appeals

Appeals on decisions pursuant to this chapter shall be made pursuant to Chapter 162 of this Municipal Code.

(1973 Code, §7-9.409) (Ord. 90-2, eff. 3-28-1990; Am. Ord. 09-02, eff. 4-8-2009)

155 Plans And Specifications (Sections 155.055-155.061)

155.055 Application; Plans

155.056 Preliminary Grading Plans

155.057 Final Grading Plans; Engineer Required 155.058 Final Grading Plans; Engineer Not Required 155.059 Modification Of Approved Plans 155.060 Seasonal Requirements 155.061 Distribution And Use Of Approved Plans

155.055 Application; Plans

Two or more complete sets of plans, as determined by the City Engineer, including, but not limited to profiles, cross sections, topographic maps and specifications shall be submitted to the City Engineer with each application for a grading permit, or when otherwise required by the City Engineer for enforcement of any provision of this chapter. At the time of application, the applicant may provide preliminary grading plans. Prior to the issuance of a grading permit the applicant must furnish final grading plans. Preliminary grading plans with appropriate changes and additions thereto may be accepted as final grading plans. When the final grading plans and other required documents have been approved, a grading permit will be issued by the City Engineer. The work shall be done in strict compliance with the approved plans and specifications which shall not be changed or altered except in accordance with the provisions of this subchapter.

(1973 Code, § 7-9.501) (Ord. 90-2, eff. 3-28-1990)

155.056 Preliminary Grading Plans

1. 1. Preliminary grading plans provide for review and determination of grading permit requirements prior to approval of final plans and issuance of a grading permit.

   2. Precise design at this stage is not required.

2. The plans shall be clearly and legibly drawn and entitled "Preliminary Grading Plan," and shall contain a statement of the purpose of the proposed grading, and shall include all of the following:

   1. On a map of appropriate scale, but not smaller than 1 inch equals 100 feet:

      1. A plan entitled "Preliminary Grading Plan" and the name and signature of preparer and date of preparation;

      2. A vicinity sketch (not at map scale) indicating the location of the site relative to the principal roads, lakes and watercourses in the area;

      3. A site plan indicating the site of the work and any proposed divisions of land;

      4. The complete site boundaries and locations of any easements and rights-of-way traversing and adjacent to the property, appropriately labeled and dimensioned;

      5. The location and all existing and proposed roads, buildings, wells, pipelines, watercourses, septic systems or areas reserved for on- site sewage disposal and other structures, facilities and features of the site, and the location of all improvements on adjacent land within 50 feet of the proposed work;

      6. Location and nature of known or suspected soil or geologic hazard areas;

   2. Contour lines of the existing terrain and proposed approximate finished grade at intervals not greater than 5 feet, showing all topographic features and drainage patterns throughout the area where proposed grading is to occur; (The contour lines shall be extended to a minimum of 50 feet beyond the affected area, and further if needed to define intercepted drainage, and shall be extended a minimum of 100 feet outside of any future road rights- of-way.)

ximate finished grade at intervals not greater than 5 feet, showing all topographic features and drainage patterns throughout the area where proposed grading is to occur; (The contour lines shall be extended to a minimum of 50 feet beyond the affected area, and further if needed to define intercepted drainage, and shall be extended a minimum of 100 feet outside of any future road rights- of-way.)

8. Approximate location of cut and fill lines and the limits of grading for all the proposed grading work, including borrow and stockpile areas;

9. Location, width, direction of flow and approximate location of tops and toes of banks of any watercourses;

10. Approximate boundaries of any areas with a history of flooding;

11. Proposed provisions for storm drainage control and any existing or proposed flood control facilities or septic tank disposal fields or areas reserved for on-site sewage disposal in the vicinity of the grading;

12. A conceptual plan for erosion and sediment control including both temporary facilities and long-term site stabilization features such as planting or seeding for the area affected by the proposed grading;

13. North arrow and scale; and

14. General location and character of vegetation covering the site.

15. Typical cross sections (not less than 2) of all existing and proposed graded areas taken at intervals not exceeding 200 feet and at locations of maximum cuts and fills.

16. An estimate of the quantities of excavation and fill, including quantities to be moved both on and off site.

17. The estimated starting and completion dates of grading.

(1973 Code, § 7-9.502) (Ord. 90-2, eff. 3-28-1990)

155.057 Final Grading Plans; Engineer Required

1. Final grading plans and specifications shall be prepared and signed by a civil engineer, except as otherwise provided herein, on sheets 24 inches x 36 inches.

2. The plans shall include the following, in addition to all requirements for preliminary grading plans:

   1. A title block . Plans shall be entitled "Grading Plan" and state the purpose of the proposed grading and the name of the engineer or firm by whom this plan is prepared;

   2. Accurate contour lines at intervals not greater than 5 feet, showing topographic features and drainage patterns and the configuration of the ground before and after grading, relative to a bench mark established on site;

   3. Location, extent and finished surface slopes of all proposed grading and final cut and fill lines;

   4. Cross sections, profiles, elevations, dimensions and construction details based on accurate field data;

   5. Construction details for roads, watercourses, culverts, bridges and drainage devices, retaining walls, cribbing, dams and other improvements existing or to be constructed, together with supporting calculations and maps as required;

   6. Complete construction specifications, including progress schedule of work;

   7. A detailed erosion and sediment control plan including specific locations, construction details, and supporting calculations for temporary and permanent sediment control structures and facilities;

3. A revegetation plan, including temporary erosion control plantings, permanent slope plantings, replacement of temporary ground cover and irrigation facilities;

   9. An estimate of the quantities of excavation and fill;

   10. The location of any borrow site or location for disposal of surplus material;

   11. A projected schedule of operations, including, as a minimum, the date of:

   12. Commencement of work;

   13. Start and finish of rough grading;

   14. Completion of drainage facilities;

   15. Completion of work in any watercourse;

   16. Completion of erosion and sediment control facilities;

   17. Completion of hydro-mulching and other landscaping; (If rough grading is proposed between October 15 and May 1, a more detailed schedule of grading activities and use of erosion and sediment control facilities may be required.)

   18. Itemized cost estimate of the proposed grading and related work; and

   19. A complete drainage study may be required.

(1973 Code, § 7-9.503) (Ord. 90-2, eff. 3-28-1990)

155.058 Final Grading Plans; Engineer Not Required

All plans and specifications shall be prepared and signed by a civil engineer, except that the City Engineer may waive this requirement if the grading would not endanger the public health, safety or welfare as determined by the City Engineer; and would not involve or require any of the following:

1. Cuts and fills with a combined total of 1,000 cubic yards or more;

2. An access road serving 5 or more existing or potential residences;

3. A cut or fill that is intended to support structures;

4. A cut or fill that is located so as to cause unduly increased pressure or reduce support upon adjacent structure or property;

5. The construction of any extensive drainage or sediment control structures, culverts or facilities or substantial alteration of any existing drainage course;

6. The creation or aggravation of an unstable slope condition.

(1973 Code, § 7-9.504) (Ord. 90-2, eff. 3-28-1990)

155.059 Modification Of Approved Plans

1. Proposed modifications of an approved final plan shall be submitted to the City Engineer for his or her written approval.

2. All necessary soils and geological information and design details shall accompany any proposed modification.

3. The modification shall be compatible with any subdivision map or land use requirements.

(1973 Code, § 7-9.505) (Ord. 90-2, eff. 3-28-1990)

155.060 Seasonal Requirements

Implementation of erosion and sediment control plans shall be based on the season of the year and the stage of construction at forecasted periods of rainfall and heavy storms. Erosion and sediment control plans shall allow for possible changes in construction scheduling, unanticipated field conditions and relatively minor changes in grading. Modifications to plans may be required after initial plan approval.

(1973 Code, § 7-9.506) (Ord. 90-2, eff. 3-28-1990)

155.061 Distribution And Use Of Approved Plans

Two sets of approved plans and specifications shall be retained by the City Engineer and one or more sets of approved and dated plans and specifications shall be provided to the applicant or his or her engineer. One set of approved plans and permit shall be retained on the site at all times during the work.

(1973 Code, § 7-9.507) (Ord. 90-2, eff. 3-28-1990)

• 155 Permit Requirements (Sections 155.075 155.090) 155.075 General 155.076 Fees 155.077 Geotechnical Investigation Required 155.078 Investigations 155.079 Reports; General 155.080 Soil/Geologic Investigation Reports 155.081 Final Report 155.082 Changed Conditions 155.083 Special Inspection 155.084 Non-Compliance Notification By Private Geotechnical Engineer Or Civil Engineer Competent To Do So 155.085 Periodic Progress Reports By Private Geotechnical Engineer Or Civil Engineer Competent To Do So 155.086 Progress Report By Permittee 155.087 Submit "as-Built" Plan 155.088 Performance Of Work; Inspection 155.089 Other Responsibilities Of Permittee 155.090 Transfer Of Permit

155.075 General

The City Engineer will issue a grading permit if final grading plans satisfy the provisions of this chapter or any of the conditions imposed. The City Engineer shall identify the provision, requirement or condition which has not been met or performed by the applicant in the event the issuance of a grading permit is denied.

(1973 Code, § 7-9.601) (Ord. 90-2, eff. 3-28-1990)

155.076 Fees

1. The schedule of fees and costs shall be those established and adopted by the City Council from time to time by resolution or ordinance. Before a permit is issued, the applicant shall deposit with the City Engineer cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction, all in accordance with schedules established and adopted by the City Council.

2. No fee shall be required of public agencies.

3. Public utilities may, at the option of the City Engineer, make payment for the above charges as billed by the City Engineer instead of by advance deposit as required above.

4. If, upon completion of any work under a permit there remains any excess of deposit or of fees or charges, the City Engineer shall certify the same to the Auditor for refund to the permittee or refund the same from any trust fund established under his or her jurisdiction for such purposes.

5. If, upon completion of any work under a permit there is a sufficient deposit to cover the cost of the work, the City Engineer permittee to reimburse the amount equal to the cost deficit.

6. If grading work is done in violation of this chapter or the work is not done in accordance with an approved permit, a fee, not less than twice the normal fee, covering investigation of any violation and inspection and plan checking of work required to correct the violation shall be charged to the violator to cover all actual costs.

(1973 Code, § 7-9.602) (Ord. 90-2, eff. 3-28-1990)

155.077 Geotechnical Investigation Required

A soil or geologic investigation report shall accompany the application in any of the following circumstances:

1. When the proposed grading includes a cut or fill exceeding 10 feet in depth at any point; however, for vehicular ways, a soil investigation shall not be required unless the grading includes a proposed cut or fill that exceeds 10 feet in depth and the slope of the natural ground exceeds 30%;

2. When highly expansive soils are present;

3. In areas of known or suspected geological hazards, including landslide hazards and hazards of ground failure stemming from seismically induced ground shaking;

4. When the proposed grading involves retaining walls exceeding 4 feet in height support a slope in excess of 30%.

(1973 Code, § 7-9.603) (Ord. 90-2, eff. 3-28-1990)

155.078 Investigations

1. Those portions of the soil or geologic investigation that constitute "civil engineering" as defined by Cal. Business and Professions Code § 6734 shall be conducted by a geotechnical engineer or civil engineer competent to do so. Those portions of the investigation that involve the practice of "geology" as defined by Cal. Business and Professions Code § 7802 shall be conducted by an engineering geologist.

2. The investigations shall be based on observations and tests of the material exposed by exploratory boring or excavations and inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability and other factors.

(1973 Code, § 7-9.604) (Ord. 90-2, eff. 3-28-1990)

155.079 Reports; General

Any soil or geologic investigation report shall be subject to the approval of, and supplemental reports and data may be required by, the City Engineer. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the final plans and specifications.

(1973 Code, § 7-9.605) (Ord. 90-2, eff. 3-28-1990)

155.080 Soil/Geologic Investigation Reports

The soil or geologic investigation report shall contain all of the following as they may be applicable to the subject site:

1. An index map showing the regional setting of the site;

2. A site map showing the topographic features of the site and locations of all soil borings and test excavations;

3. A classification of the soil types (Unified Soil Classification); pertinent laboratory test date; and consequent evaluation regarding the nature, distribution and strength of existing soils;

4. A description of the geology of the site and geology of the adjacent areas when pertinent to the site;

5. A suitably scaled map and cross sections showing all identified areas of land slippage;

6. A description of any encouraged groundwater or excessive moisture conditions;

7. A description of the soil and geological investigative techniques employed;

8. A log for each soil boring and test excavation showing elevation at ground level and the depth of each soil or rock strata;

9. An evaluation of the stability of pertinent natural slopes and any proposed cut and fill slopes;

10. An evaluation of settlement associated with the placement of any fill;

11. Recommendations for grading procedures and specifications, including methods for excavation and subsequent placement of fill;

12. Recommendations regarding drainage and erosion control; and

13. Recommendations for mitigation of geologic hazards.

(1973 Code, § 7-9.606) (Ord. 90-2, eff. 3-28-1990)

155.081 Final Report

Upon completion of rough grading work, the City Engineer may require a final geotechnical report that includes, but is not necessarily limited to the following:

1. A complete record of all field and laboratory tests including location and elevation of all field tests;

2. A professional opinion regarding slope stability, soil bearing capacity and other pertinent information;

3. Recommendations regarding foundation design, including soil bearing potential and building restrictions or setbacks from the top or toe of slopes;

4. A declaration by the geotechnical engineer, civil engineer competent to do so or engineering geologist in the format required by the City Engineer that all work was done in substantial accordance with the recommendations contained in the soil and geologic investigation reports as approved and in accordance with the approved plans and specification.

(1973 Code, § 7-9.607) (Ord. 90-2, eff. 3-28-1990)

155.082 Changed Conditions

Where soil or geologic conditions encountered in the grading operation deviate from that anticipated in the soil and geologic investigation reports or where the conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for the approval of the City Engineer.

(1973 Code, § 7-9.608) (Ord. 90-2, eff. 3-28-1990)

155.083 Special Inspection

1. As the condition of the permit, the City Engineer may require the permittee to provide a private geotechnical engineer or civil engineer competent to do so, to perform continuous inspection work, and upon completion of the work to provide a written statement acknowledging that he has inspected the work and that, in his or her professional judgment, the work was performed in accordance with the approved plans and specifications. The permittee shall make his or her own contractual arrangements for such services and be responsible for payment of all costs. Continuous inspection by a geotechnical engineer or civil engineer competent to do so shall include, but not be limited to, the following situations:

   1. During the preparation of a site for the placement of fills which exceed 5 feet in depth or slopes which exceed 10% and during the placing of the fills; however, for vehicular pathways, fill placement shall be continuously inspected when fills exceed 10 feet in height;

   2. During the preparation of a site for the placement of any fill and during the placement of the fill which is intended to support any building or structure;

   3. During the installation of subsurface drainage facilities.

2. Reports filed by the private geotechnical engineer or civil engineer competent to do so regarding special inspection shall state in writing that from his personal knowledge the work performed during the period covered by the report has been performed in substantial accordance with the approved plans and specifications.

3. The use of a private geotechnical engineer or civil engineer competent to do so for inspections shall not preclude the City Engineer from conducting inspections using his or her or other authorized inspectors as may be necessary.

(1973 Code, § 7-9.609) (Ord. 90-2, eff. 3-28-1990)

155.084 Non-Compliance Notification By Private Geotechnical Engineer Or Civil Engineer Competent To Do So

The permittee shall cause the work to be done in accordance with the approved plans. If during the course of construction the private geotechnical engineer or civil engineer competent to do so finds that the work is not being done substantially in accordance with the approved plans and specifications, he shall immediately notify the person in charge of the work and the City Engineer of the nonconformity and the corrective measures to be taken. When changes in the plans are required, he or she shall prepare the proposed changes and submit them to the City Engineer.

(1973 Code, § 7-9.610) (Ord. 90-2, eff. 3-28-1990)

155.085 Periodic Progress Reports By Private Geotechnical Engineer Or Civil Engineer Competent To Do So

As a condition of the report, periodic progress reports shall be rendered by the private geotechnical engineer or City Engineer competent to do so as required by the City Engineer including, but not limited to laboratory tests, slope stability, placement of materials, retaining walls, drainage, utilities and any special permit or plan requirements.

(1973 Code, § 7-9.611) (Ord. 90-2, eff. 3-28-1990)

155.086 Progress Report By Permittee

Periodic progress reports shall be rendered by permittee on specified calendar dates and at commencement and completion of major key grading and erosion and sediment control operations. The dates of operations upon which the reports are required and their content shall be as required by the City Engineer in the permit.

(1973 Code, § 7-9.612) (Ord. 90-2, eff. 3-28-1990)

155.087 Submit "as-Built" Plan

The permittee shall submit to the City Engineer an "as-built" grading plan following completion of grading operations.

(1973 Code, § 7-9.613) (Ord. 90-2, eff. 3-28-1990)

155.088 Performance Of Work; Inspection

The City Engineer may inspect any work done pursuant to a permit under this chapter. No permittee shall be deemed to have complied with this chapter until a final inspection of the work has been made by the City Engineer. The permittee shall provide adequate access to the site for inspection by the City Engineer during the performance of all work and for a minimum period of 1 year after acceptance by the City Engineer of all improvements.

(1973 Code, § 7-9.614) (Ord. 90-2, eff. 3-28-1990)

155.089 Other Responsibilities Of Permittee

The permittee shall also be responsible for the following:

1. Protection of utilities . The permittee shall be responsible for the prevention of damage to any public utilities or services.

2. Protection of adjacent property . The person(s) doing and causing the grading is responsible for the prevention of damage to adjacent property. No person(s) shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property or easement, without supporting and protecting the property from damage which might result.

3. Advance notice . The permittee shall notify the City Engineer at least 24 hours prior to the start of work.

4. Erosion and sediment control . It shall be the responsibility of the permittee to prevent discharge of sediment from the site in quantities greater than before the grading occurred, to any watercourse, drainage system or adjacent property and to protect watercourses and adjacent properties from damage by erosion, flooding or deposition which may result from the permitted grading.

(1973 Code, § 7-9.615) (Ord. 90-2, eff. 3-28-1990)

155.090 Transfer Of Permit

No permit issued under this chapter may be transferred or assigned in any manner whatsoever, without the express consent of the City Engineer.

(1973 Code, § 7-9.616) (Ord. 90-2, eff. 3-28-1990)

155 Design Standards (Sections 155.100-155.118) 155.100 Excavation 155.101 Excavation Slope 155.102 Fill Placement 155.103 Fill Compaction 155.104 Ground Preparation For Fill Placement 155.105 Fill Slopes 155.106 Adjacent Structures Protection 155.107 Setbacks; General 155.108 Drainage; General 155.109 Drainage; Disposal Requirements 155.110 Drainage; Water Accumulation 155.111 Drainage Protection Of Adjoining Property 155.112 Terrace Drainage 155.113 Subsurface Drainage 155.114 Erosion And Sediment Control 155.115 Emergency Conditions 155.116 Erosion And Sediment Control Plans 155.117 Vehicular Ways; General 155.118 Vehicular Ways; Drainage

155.100 Excavation

Excavations shall be constructed or protected so that they do not endanger life or property.

(1973 Code, § 7-9.701) (Ord. 90-2, eff. 3-28-1990)

155.101 Excavation Slope

The slope of cut surfaces of permanent excavations shall not be steeper than 2 horizontal to one vertical exclusive of terraces and exclusive of roundings described herein. Steeper slopes will be permitted in competent bedrock provided the slope inclinations are in accordance with recommendations contained in the geotechnical or geological report. The bedding planes or principal joint sets in any formation when dipping towards the cut face shall not be daylighted by the cut slope unless the soils and geologic investigations contain recommendations for steeper cut slopes. Cut slopes shall be rounded into the existing terrain to produce a contoured transition from cut face to natural ground.

(1973 Code, § 7-9.702) (Ord. 90-2, eff. 3-28-1990)

155.102 Fill Placement

1. Fills shall be constructed in layers. The loose thickness of each layer of fill material before compaction shall not exceed 8 inches. Completed fills shall be stable masses of well integrated material bonded to adjacent materials and to the materials on which they rest. Fills shall be competent to support anticipated loads and be stable at the design slopes shown on the plans. Proper drainage and other appropriate measures shall be taken to ensure the continuing integrity of fills.

2. Earth materials shall be used which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than 12 inches.

(1973 Code, § 7-9.703) (Ord. 90-2, eff. 3-28-1990)

155.103 Fill Compaction

1. All fills shall be compacted throughout their full extent to a minimum of 90% of maximum density as determined by appropriate ASTM standard method or other alternate methods approved by the City Engineer.

2. Tests to determine the density of compacted fills shall be made on the basis of not less than 1 test for each 2-foot vertical lift of the fill, but not less than 1 test for each 1,000 cubic yards of material placed. Additional density tests at a point approximately 1 foot below the fill slope surface shall be made on the basis of not less than 1 test for each 1,000 square feet in slope surface, but not less than 1 test for each 10-foot vertical increase of slope height.

3. All tests shall be reasonably uniformly distributed within the fill or fill slope surface. Results of the testing and location of tests shall be presented in the periodic and final reports. Compaction may be less than 90% of maximum density, as determined by the above test, within 6 inches of the slope surface when the surface material is placed and compacted by a method acceptable to the City Engineer for the planting of the slopes. Compaction of temporary storage fills, to be used for a period of not greater than 6 months, shall not be required, except where the City Engineer determines that compaction is necessary as a safety measure to aid in preventing saturation, sliding, or erosion of the fill.

(1973 Code, § 7-9.704) (Ord. 90-2, eff. 3-28-1990)

155.104 Ground Preparation For Fill Placement

The natural ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, top soil and other unsuitable material, and where slopes are 5 horizontal to 1 vertical or steeper, by benching into competent material in a manner acceptable to the City Engineer. The keyway under the toe, if specified, shall be at least 10 feet wide.

(1973 Code, § 7-9.705) (Ord. 90-2, eff. 3-28-1990)

155.105 Fill Slopes

The slope of permanent fills shall not be steeper than 2 horizontal to 1 vertical exclusive of terraces and exclusive of roundings described herein, unless a soils report supports a steeper slope, but shall not exceed 1.5 horizontal to 1 vertical. The City Engineer may require that the fill be constructed with an exposed surface flatter than 2 horizontal to 1 vertical or may require such other measures as he or she deems necessary for stability and safety.

zontal to 1 vertical exclusive of terraces and exclusive of roundings described herein, unless a soils report supports a steeper slope, but shall not exceed 1.5 horizontal to 1 vertical. The City Engineer may require that the fill be constructed with an exposed surface flatter than 2 horizontal to 1 vertical or may require such other measures as he or she deems necessary for stability and safety.

(1973 Code, § 7-9.706) (Ord. 90-2, eff. 3-28-1990)

155.106 Adjacent Structures Protection

Footings which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or structure unless the building or structure is capable of withstanding the additional loads caused by the fill or surcharge. The rights of coterminous owners shall be as set forth in Cal. Civil Code § 832.

(1973 Code, § 7-9.707) (Ord. 90-2, eff. 3-28-1990)

155.107 Setbacks; General

Unless otherwise recommended in a soil and geologic investigation report, Figures 70-1 and 70-2 on Page 769 of the 1985 Uniform Building Code or said similar provisions as provided for in adopted successor code shall be used for establishing setbacks for property boundaries, buildings and structures other than fences and retaining walls.

(1973 Code, § 7-9.708) (Ord. 90-2, eff. 3-28-1990)

155.108 Drainage; General

The drainage structure and devices required by this chapter shall be designed and constructed in accordance with standards herein and criteria authorized by the City Engineer.

(1973 Code, § 7-9.709) (Ord. 90-2, eff. 3-28-1990)

155.109 Drainage; Disposal Requirements

All drainage facilities shall be designed to carry surface and subsurface waters to the nearest adequate street, storm drain, natural watercourse or other juncture, and shall be subject to the approval of the City Engineer. Drainage areas shall conform to patterns established by the City Engineer.

(1973 Code, § 7-9.710) (Ord. 90-2, eff. 3-28-1990)

155.110 Drainage; Water Accumulation

All areas shall be graded and drained so that water will not pond or accumulate. Drainage shall be effected in a manner that it will not cause erosion or endanger the stability of any cut or fill slope or any building or structure.

(1973 Code, § 7-9.711) (Ord. 90-2, eff. 3-28-1990)

155.111 Drainage Protection Of Adjoining Property

When surface drainage is discharged onto any adjoining property, it shall be discharged in such a manner that it will not cause erosion or endanger any cut or fill slope or any building or structure.

(1973 Code, § 7-9.712) (Ord. 90-2, eff. 3-28-1990)

155.112 Terrace Drainage

Terraces at least 8 feet in width shall be established at not more than 25 feet in height intervals for all cut and fill slopes exceeding 30 feet in height. Where only 1 terrace is required, it shall be at approximately mid-height. Suitable access shall be provided to permit proper cleaning and maintenance of terraces and terrace drains. Swales or ditches on terraces shall have a minimum depth of 1 foot, a minimum longitudinal grade of 4%, a maximum longitudinal grade of 12%. Down-drains or drainage outlets shall be provided at approximately 300-foot intervals along the drainage terrace. Down-drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal. If the drainage discharges onto natural ground, adequate erosion protection shall be provided.

(1973 Code, § 7-9.713) (Ord. 90-2, eff. 3-28-1990)

155.113 Subsurface Drainage

Cut and fill slopes shall be provided with surface and/or subsurface drainage as necessary for stability.

(1973 Code, § 7-9.714) (Ord. 90-2, eff. 3-28-1990)

155.114 Erosion And Sediment Control

The following shall apply to the control of erosion and sediment from grading operations.

1. Grading plans shall be designed with long- term erosion and sediment control as a primary consideration.

2. Grading operations during the rainy season shall provide erosion and sediment control measures except upon a clear demonstration, to the satisfaction of the City Engineer, that at no stage of the work will there be any substantial risk of increased sediment discharge from the site.

3. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any 1 time during grading operations and the time of exposure shall be minimized.

4. 1. Natural features, including vegetation, terrain, watercourses and similar resources shall be preserved wherever possible.

   2. Limits of grading shall be clearly defined and marked to prevent damage by construction equipment.

5. Permanent vegetation and structures for erosion and sediment control shall be installed as soon as possible.

6. Adequate provision shall be made for long term maintenance of permanent erosion and sediment control structures and vegetation.

7. 1. No topsoil shall be removed from the site unless otherwise directed or approved by the City Engineer.

   2. Topsoil overburden shall be stockpiled and redistributed within the graded area after rough grading to provide a suitable base for seeding and planting.

   3. Runoff from the stockpiled area shall be controlled to prevent erosion and resultant sedimentation of receiving water.

8. Runoff shall not be discharged from the site in quantities or at velocities substantially above those which occurred before grading, except into drainage facilities whose design has been specifically approved by the City Engineer.

9. Permittee shall take reasonable precautions to ensure that vehicles do not track or spill earth materials into public streets and shall immediately remove the materials if this occurs.

(1973 Code, § 7-9.715) (Ord. 90-2, eff. 3-28-1990)

155.115 Emergency Conditions

1. Should increased sediment discharge occur or become imminent, permittee shall take all necessary steps to control or reduce the discharge. The steps may include construction of additional facilities or removal or alteration of facilities required by approved erosion and sediment control plans. Facilities removed or altered shall be restored as soon as possible afterward or appropriate changes in the plan shall be immediately requested pursuant to this chapter.

2. The permittee shall take prompt action to resolve emergency problems; otherwise the City Engineer may institute abatement proceedings pursuant to provisions of § 155.131.

(1973 Code, § 7-9.716) (Ord. 90-2, eff. 3-28-1990)

155.116 Erosion And Sediment Control Plans

Erosion and sediment control plans prepared pursuant to this chapter shall comply with all of the following.

1. The erosion and sediment control plan need not be a separate sheet if all facilities and measures can be shown on the grading sheets without obscuring the clarity of either the grading plan or the erosion and sediment control plan.

2. An erosion and sediment control plan shall be required whenever:

   1. The graded portion of the site includes more than 10,000 square feet of area having a slope greater than 10%;

   2. There is a significant risk that more than 2,500 square feet will be unprotected or inadequately protected from erosion during any portion of the rainy season;

   3. Grading will occur within 20 feet of any watercourse; and/or

   4. The City Engineer determines that the grading will or may pose a significant erosion or sediment discharge hazard for any reason.

3. The applicant shall submit, with his or her erosion and sediment control plans, a detailed cost estimate covering this work.

4. Erosion and sediment control plans shall include an effective revegetation program to stabilize all disturbed areas which will not be otherwise protected. All such areas where grading has been completed between April 1 and October 15 shall be planted by November 1. Graded areas completed at other times of the year shall be planted within 15 days. If revegetation is infeasible or cannot be expected to stabilize an erodible area with assurance during any part of the rainy season and the unstable area exceeds 2,500 square feet, additional erosion and sediment control measures or irrigation of planted slope may be required as appropriate to prevent increased sediment discharge.

5. 1. Erosion and sediment control plans shall be designed to prevent increased discharge of sediment at all stages of the grading and development from initial disturbance of the ground to project completion.

   2. Every feasible effort shall be made to ensure that site stabilization is permanent. Plans shall indicate the implementation period and the stage of construction where applicable.

6. Erosion and sediment control plans shall comply with the recommendations of any civil engineer, geotechnical engineer, engineering geologist or landscape architect involved in preparation of the grading plans.

7. The structural and hydraulic adequacy of all storm water containment or conveyance facilities shown on the erosion and sediment control plans shall be verified by a civil engineer and he or she shall so attest on the plans. Sufficient calculations and supporting material to demonstrate the adequacy shall accompany the plans when submitted.

8. Erosion and sediment control plans shall be designed to meet anticipated field conditions.

9. Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season and for specific sediment cleanout and vegetation maintenance criteria

10. 1. Erosion and sediment control plans shall comply with any and all standards and specifications adopted herein for the control of erosion and sedimentation on grading sites.

11. These standards and specifications shall be in general compliance with Erosion and Sediment Control Guidelines for Developing Areas of the Sierra Foothills and Mountains, published by the High Sierra Resource Conservation District.

(1973 Code, § 7-9.717) (Ord. 90-2, eff. 3-28-1990)

155.117 Vehicular Ways; General

Vehicular ways shall conform to the grading requirements of this chapter.

(1973 Code, § 7-9.718) (Ord. 90-2, eff. 3-28-1990)

155.118 Vehicular Ways; Drainage

Vehicular ways shall be graded and drained in a manner that will not allow erosion or endanger the stability of any adjacent slope. Surface discharge onto adjoining property shall be controlled in a manner that it does not cause erosion or endanger existing improvements. Bridges and culverts installed in watercourses shall be reviewed by the Placer County Flood Control and Water Conservation District.

(1973 Code, § 7-9.719) (Ord. 90-2, eff. 3-28-1990)

155 Administration And Enforcement (Sections 155.130-155.999)

155.130 Suspension And Revocation Of Permit

155.131 Corrective Work

155.132 Enforcement Official

155.133 Right Of Entry

155.134 Stop Work Orders

155.135 Liability

155.136 Denial Of Other Permits

155.137 Notice Of Adjacent Utility Owners

155.138 Grading Prior To Approval Of Improvement Plans 155.999 Penalty

155.130 Suspension And Revocation Of Permit

The City Engineer may suspend or revoke a permit for good cause, subject to appeal to the City Council. However, no work shall be performed pending appeal, except as authorized by the City Engineer.

(1973 Code, § 7-9.901) (Ord. 90-2, eff. 3-28-1990)

155.131 Corrective Work

1. Abatement of unlawfully created conditions .

   1. Either the City Council or the City Engineer may order city crews or authorize contractors to enter private property to immediately abate a hazardous public nuisance. Whenever the following conditions are created by violation of this chapter, they are hereby declared to be in the category of hazardous public nuisance:

      1. Where a violation has altered natural drainage patterns and has caused flooding to any downstream property; or

2. When a violation results in a condition which creates a drainage alteration the that downstream property may be flooded when weather conditions change and the owner, lessee or licensee of the property on which the violation exists cannot be found; or

   3. Whenever a violation results in a hazard, requiring immediate correction for the preservation of the public health, safety or welfare.

   4. Whenever the city expends any funds or takes any action, the city shall bill the landowner, lessee or licensee for the costs indicated herein. The costs shall become a lien on the property upon the bill being recorded in the office of the Placer County Recorder. The following costs shall be billed:

      1. Engineering and design;

      2. Contractor service bills or public employee wages at cost;

      3. Administration overhead and supervision based on 10% of all costs incurred; and

      4. Interest shall accrue and be billed at the rate of 10% of all unpaid amounts from the date of billing.

3. Stop work notice .

   1. Whenever it comes to the attention of the City Engineer that any person is performing work in violation of the provisions of this subchapter or without a permit as required by this subchapter, the City Engineer may serve upon the person a written order citing the violations and directing that person performing the work to stop work immediately.

   2. Upon receipt of the stop work notice, the person performing the work shall:

      1. Stop work immediately;

      2. Within 24 hours provide the City Engineer with a list of remedies which can be immediately undertaken to bring the work into compliance with this subchapter;

      3. Within 24 hours after acceptance of the remedies by the City Engineer undertake, at the violator's expense, the action as is necessary to bring the work into compliance with this subchapter;

      4. Upon failure of any person to comply with the stop work notice served pursuant to this section, the Department may perform the corrective work either with city crews or by contract; and (All persons responsible for the violation shall be liable jointly and severally to the city for the cost of the corrective work.)

4. If engineering work is required to identify and define the proper course of action, as determined by the Department, the work shall be provided by the violator at no cost to the city.

(1973 Code, § 7-9.902) (Ord. 90-2, eff. 3-28-1990)

155.132 Enforcement Official

The City Engineer shall enforce the provisions of this chapter.

(1973 Code, § 7-9.1001) (Ord. 90-2, eff. 3-28-1990)

155.133 Right Of Entry

Whenever necessary to enforce the provisions of this chapter the City Engineer may enter the premises at all reasonable times in the manner provided by law to perform any duty imposed by this chapter. If such entry is refused, the City Engineer shall have recourse to every remedy provided by law to secure entry.

(1973 Code, § 7-9.1002) (Ord. 90-2, eff. 3-28-1990)

155.134 Stop Work Orders

Whenever any work is being done contrary to the provisions of this chapter or any other applicable law, ordinance, rule or regulation, the City Engineer may order the work stopped by serving written notice on any persons engaged in, doing or causing the work to be done. Any such person shall forthwith stop the work until authorized by the City Engineer to proceed with the work. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation. Any person violating a stop work order shall be guilty of an infraction.

(1973 Code, § 7-9.1003) (Ord. 90-2, eff. 3-28-1990) Penalty, see § 155.999

155.135 Liability

Neither issuance of a permit under the provisions of this chapter nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the city for damage to any person or property.

(1973 Code, § 7-9.1004) (Ord. 90-2, eff. 3-28-1990)

155.136 Denial Of Other Permits

No building permit, septic, water, sewer, electrical permit or any other permit shall be issued by the city to any person for any premises or portion thereof which is in violation of this chapter and which violation is not corrected or approved for correction by the City Engineer.

(1973 Code, § 7-9.1005) (Ord. 90-2, eff. 3-28-1990)

155.137 Notice Of Adjacent Utility Owners

Upon the filing of an application for a permit, the City Engineer shall notify by mail the owners of utilities on or abutting the site, that an application for a grading permit has been submitted pursuant to this chapter, that they may comment at any stage of the procedure, and may lodge an appeal pursuant to the provisions of this chapter.

(1973 Code, § 7-9.1006) (Ord. 90-2, eff. 3-28-1990)

155.138 Grading Prior To Approval Of Improvement Plans

Applications for permits for grading for projects that require a tentative map or the intended use requires approval of a discretionary zoning permit, shall not be granted a grading permit unless the project complies with the provisions of §§ 155.035 et seq . and the following requirements.

1. A separate grading plan shall be submitted for review and approval by the City Engineer. This plan shall conform to the requirements of this chapter and any applicable conditions placed on the project as a result of any formal discretionary permit process. The applicant shall acknowledge that any additional grading or revisions to work necessitated by conflicts discovered during the improvement plan check or subsequent construction will be corrected at the applicant's expense.

2. A revegetation and winterization plan shall be submitted for review and approval by the City Engineer. This plan shall include a performance contract with the city which includes a specific schedule for performance of the subject grading, an engineer's estimate of cost for implementing the plan, and cash or other approved form of security to ensure timely performance of the plan.

3. A plan check and inspection fee deposit shall be required in the amount of the full plan check fee applicable at the time of submittal and a deposit of 100% of the full inspection fee at time of grading permit approval.

4. A drainage report shall be required as per the requirements of this chapter.

(1973 Code, § 7-9.1008) (Ord. 90-2, eff. 3-28-1990)

155.999 Penalty

A. Notwithstanding any other provisions of this code, any person, firm or corporation convicted of an infraction under the provisions of this code shall be punishable, upon a first conviction, of a fine of not more than $100, and for a second conviction within a period of 1 year by a fine of not more than $200, and for a third or any subsequent conviction within a 1-year period by a fine of not more than $500. Any violation beyond the third conviction within a 1-year

period may be charged by the City Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine, or imprisonment or both not to exceed the limits set forth in Cal. Penal Code § 19.

B. In addition to the penalties provided in this section any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be by the city summarily abated as such.

C. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by the person and shall be punishable accordingly.

D. The Public Works Director and the City Engineer shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this code. Officers or employees so designated shall have the authority to arrest persons who violate any of the provisions.

E. The remedies provided herein are not exclusive and are in addition to any other remedy or penalty provided by law for violation of this chapter.(1973 Code, § 7-9.904) (Ord. 90-2, eff. 3-28-1990)

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 156 HOUSE TRAILERS

156.01 Definitions

156.02 Compliance With State Laws 156.03 Prohibited Parking 156.04 Permitted Parking 156.05 Adjustments And Variances

156.01 Definitions

The definitions set forth in Cal. Health and Safety Code §§ 18000 through 18014 of Chapter 1 of Part 2 of Division 13, together with all future amendments or recodifications of the same, are hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full.

(1973 Code, § 6-6.01) (Ord. 500, eff. - -)

156.02 Compliance With State Laws

All trailer coaches and all auto and trailer camps in the city shall in all respects comply with the provisions of the Vehicle Code of the state and Cal. Health and Safety Code §§ 18000 through 18080 of Part 2 of Division 13, as amended.

(1973 Code, § 6-6.02) (Ord. 500, eff. - -)

156.03 Prohibited Parking

Except as otherwise provided in § 156.04, no trailer coach shall be parked on any public street, alley or way or on any privately owned property in the city, except in an auto and trailer camp licensed in accordance with the provisions of Cal. Health and Safety Code Part 2 of Division 13.

(1973 Code, § 6-6.03) (Ord. 500, eff. - -)

156.04 Permitted Parking

1. Trailer coaches owned, used, or occupied by persons who are bona fide visitors of residents of the city may be parked for not to exceed 14 days in each 6-month period in any place otherwise permitted by law and which place is not on any public street, alley or way.

2. The provisions of this section shall not prohibit the normal parking of a trailer coach on the streets of the city in accordance with, and for the times permitted by, local laws and other parking regulations, except between the hours of 11:00 p.m. and 5:00 a.m. when the parking, except in emergencies, shall be prohibited.

3. An owner of a trailer coach may park the trailer coach for storage if it is unoccupied. All electrical, phone, cable, and sewer connections shall be disconnected at all times. The trailer coach shall be located on private property in conformity with the side yard and setback requirements of the city, but the trailer coach shall not be used for any living purposes whatsoever while so parked.

(1973 Code, § 6-6.04) (Ord. 500, eff. - -)

156.05 Adjustments And Variances

In cases of undue hardship, the Planning Commission shall have the power and authority to grant adjustments and variances from the provisions of this chapter upon the terms and conditions as the Commission shall make for each such case when the Commission shall determine that the adjustments and variances shall not be adverse to the public interests; provided, however, the Planning Department shall make a report to the Commission on each such case; and provided, further, the adjustments and variances shall not exceed a period of time of more than 180 days.

(1973 Code, § 6-6.05) (Ord. 500, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 157 DEVELOPMENT AGREEMENTS 157.01 Short Title 157.02 Authority And Purpose 157.03 Forms And Information 157.04 Qualifications Of Applicants 157.05 Form Of Agreement 157.06 Duty To Give Notice 157.07 Determinations By The Planning Commission 157.08 Council Hearings 157.09 Initiation Of Amendments Of Cancellation 157.10 Recordation Of Agreements, Amendments Or Cancellation 157.11 Review Of Agreements

157.01 Short Title

This chapter may be referred to as the "Development Agreement Law of the City of Auburn."

(1973 Code, § 9-8.01) (Ord. 823, eff. 6-18-1986)

157.02 Authority And Purpose

This chapter is adopted pursuant to the provisions of Cal. Gov't Code §§ 65864 through 65869.5. The purpose of adopting this chapter is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.

(1973 Code, § 9-8.02) (Ord. 823, eff. 6-18-1986)

157.03 Forms And Information

A. Planning Department shall prescribe the form for each application, notice and document provided for or required by this chapter for the preparation and implementation of development agreements.

B. The Planning Department may require an applicant to submit the information and supporting data as the Planning Department considers necessary to process the application.

(1973 Code, § 9-8.03) (Ord. 823, eff. 6-18-1986; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

157.04 Qualifications Of Applicants

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement and an applicant includes an authorized agent. The Planning Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Planning Director will obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement. The Planning Director may require the applicant to submit a preliminary title report.

(1973 Code, § 9-8.04) (Ord. 823, eff. 6-18-1986)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

157.05 Form Of Agreement

Each application shall be accompanied by the form of standard development agreement established by the city and approved by the Council with the additional alternatives or modifications or changes as may be proposed by the applicant.

(1973 Code, § 9-8.05) (Ord. 823, eff. 6-18-1986)

157.06 Duty To Give Notice

The Planning Department shall give notice of the intention to consider the adoption of a development agreement in conjunction with any other public hearing required by law or this chapter at least 10 days prior to the hearing date.

1. Form of notice . The form of the notice of intention to consider the adoption of a development agreement shall contain:

   1. The time and place of the hearing;

   2. A general explanation of the matter to be considered, including a general description of the area affected; and

   3. Other information required by specific provisions of this chapter or which the Planning Department considers necessary or desirable.

2. Time and manner of notice . The time and manner of giving notice shall be by both:

   1. Publication . Publication at least once in a newspaper of general circulation published and circulated in the city; and

3. Mailing . Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement.

(1973 Code, § 9-8.06) (Ord. 823, eff. 6-18-1986; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

157.07 Determinations By The Planning Commission

1. After the hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project, including rezoning, use permits or subdivision maps, the Planning Commission shall make its recommendation in writing to the Council.

2. The recommendation shall include findings on the Planning Commission's determination whether or not the proposed development agreement:

   1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

   2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

   3. Is in conformity with the public convenience and general welfare and good land use practices;

   4. Will be detrimental to the health, safety and general welfare;

   5. Will adversely affect the orderly development of property or the preservation of property values; and

   6. Will provide sufficient benefit to the city to justify entering into the agreement.

(1973 Code, § 9-8.07) (Ord. 823, eff. 6-18-1986)

157.08 Council Hearings

1. 1. Following notice pursuant to § 157.06, the Council shall hold a public hearing.

   2. The Council may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless the Council adopts findings to support its action as referenced in § 157.07.

2. 1. If the Council approves the development agreement, it shall do so by the adoption of an ordinance.

   2. After the ordinance approving the development agreement takes effect, the city may enter into the agreement.

(1973 Code, § 9-8.08) (Ord. 823, eff. 6-18-1986)

157.09 Initiation Of Amendments Of Cancellation

Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement previously entered into. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, where the city initiates the proposed amendment or cancellation of the development agreement, the city shall first give at least 30 days' notice to the property owner of its intention to initiate the proceedings in advance of the giving of public notice of hearing.

(1973 Code, § 9-8.09) (Ord. 823, eff. 6-18-1986)

157.10 Recordation Of Agreements, Amendments Or Cancellation

1. Within 10 days after the city enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

2. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Cal. Gov't Code § 65868, or if the city terminates or modifies the agreement as provided in Cal. Gov't Code § 65865.1 for the failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall likewise record notice of the action with the County Recorder.

to the agreement or their successors in interest amend or cancel the agreement as provided in Cal. Gov't Code § 65868, or if the city terminates or modifies the agreement as provided in Cal. Gov't Code § 65865.1 for the failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall likewise record notice of the action with the County Recorder.

(1973 Code, § 9-8.10) (Ord. 823, eff. 6-18-1986)

157.11 Review Of Agreements

The Planning Department shall review the development agreement every 12 months after the date the agreement is entered into.

A. The Planning Department shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. He or she shall give the notice at least 30 days in advance of the time at which the matter will be considered by the Council.

B. The Council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on the issue shall be upon the property owner. Notice of the hearing shall be given in conformance with § 157.06.

C. The Council, upon the recommendation of the Planning Director, shall determine whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.

D. If the Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for the period shall be concluded. If the Council finds and determines that the property owner has not complied in good

faith with the terms and conditions of the agreement during the period under review, the Council shall order the property owner to cure the default within 60 days. If the property owner fails to do so, the Council may modify or terminate the agreement.

(1973 Code, § 9-8.11) (Ord. 823, eff. 6-18-1986; Am. Ord. 88-3, eff. 5-11-1988)

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158.001 Citation And Authority

This chapter shall be known and may be cited as the "Subdivision Regulations of the City of Auburn," and is adopted pursuant to the Subdivision Map Act of the State (Cal. Gov't Code Division 2 of Title 7) as a "local ordinance" as the term is used in the Act, and is supplemental to the provisions thereof. All the provisions of the Subdivision Map Act of the State and future amendments thereto not incorporated in this chapter nevertheless shall apply to all subdivisions, subdivision maps and proceedings under this chapter.

(1973 Code, § 9-3.110) (Ord. 770, eff. 3-24-1982)

Editor's Note:

This chapter, including §§ 158.001 through 158.004, 158.015 through 158.018, 158.030 through 158.037, 158.050 through 159.054, 158.065, 158.066 and 158.080 through 158.084, codified from Ord. 562, as amended by Ord. 631, and §§ 158.095 through 158.108, as added by Ord. 769, effective 2-10-1982, was amended in its entirety by Ord. 770, effective 3-24-1982.

158.002 Purpose

The purpose of this chapter, and the intent of the city in its adoption, is as follows:

1. To provide policies, standards, requirements and procedures to regulate and control the design and improvement of all subdivisions within the city;

2. To assist in implementing the objectives, policies and programs of the general plan by insuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with the general plan and all applicable specific plans of the city;

3. To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space;

4. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

5. To provide streets of adequate capacity and dimensions for the traffic which will utilize them; and to assure maximum safety for pedestrians and vehicular traffic;

6. To insure adequate access to all proposed subdivisions;

7. To provide sidewalks and all other pedestrian easements, ways, biking paths and access for the safety, convenience and welfare of residents of new developments;

8. To provide for adequate water systems, as well as sewage disposal, storm drains, energy systems and other utilities needed for the public welfare and convenience;

9. To provide adequate sites for the public facilities needed to serve the residents of new developments;

10. To prevent land which is actually or potentially dangerous by reason of flood hazards, inundation, proximity to excessive noise, inadequate access, inadequate water supply or fire protection, insufficient sewerage facilities, hazardous geological conditions or critical soil conditions from being subdivided for any use or in any manner tending to create an increased detriment to the public health, safety or welfare; and

11. To ensure that, insofar as possible, land is subdivided in a manner which will promote the public health, safety, convenience and general welfare in conformance with the general plan.

(1973 Code, § 9-3.115) (Ord. 770, eff. 3-24-1982)

158.003 Conformance With The General Plan And Zoning Provisions

1. No land shall be subdivided or developed for any purpose or use or in any manner which is not in conformity with the general plan or uses specifically authorized by the zoning provisions.

2. The type and intensity of land use as shown on the general plan and district zoning maps shall determine the types of streets, roads, highways, trails, utilities and public services which shall be provided by the subdivider.

(1973 Code, § 9-3.120) (Ord. 770, eff. 3-24-1982)

158.004 Definitions

1. The definitions set forth in this chapter shall be supplementary to the definitions set forth in the Subdivision Map Act of the State.

(1973 Code, § 9-3.210)

2. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVISORY AGENCY . The designated body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, and the imposing of requirements or conditions thereon, and having the authority to grant variances to design and improvements standards, and having the authority to approve, conditionally approve, or disapprove maps. The Planning Commission shall serve as the Advisory Agency.

(1973 Code, § 9-3.215) (Am. Ord. 93-15, eff. 12-22-1993)

CITY ENGINEER . The designated official employed by the city as a staff member or by employment as a consulting engineer to the city.

(1973 Code, § 9-3.216)

(1973 Code, § 9-3.217) (Am. Ord. 88-3, eff. 5-11-1988)

FLAG LOT . A lot created by a subdivision wherein access to a public street is less than 50 feet as required by the zoning provisions. The minimum right-of-way width of the access shall be 15 feet for the first unit and 5 for each additional unit. Surfacing shall be as determined by the Planning Commission. The square footage of the access shall not be computed to meet the minimum parcel size.

(1973 Code, § 9-3.218)

MAPS .

1. FINAL MAP . Subject to the provisions of this chapter and the Subdivision Map Act of the state, a final map is a map which delineates the division of land into 5 or more land, condominium or community apartment parcels, with dedications or improvements required, and must be recorded with the County Recorder.

2. PARCEL MAP . Subject to the provisions of this chapter and the Subdivision Map Act of the state, a parcel map is a map which delineates the division of land into 4 or less land parcels and must be recorded with the County Recorder.

3. TENTATIVE PARCEL MAP . A tentative parcel map is a map made for the purpose of showing the design and improvement of a proposed subdivision by a parcel map.

4. TENTATIVE SUBDIVISION MAP . A tentative subdivision map is a map made for the purpose of showing the design and improvement of a proposed subdivision by a final map.

(1973 Code, § 9-3.220)

STREETS . The following streets are duly dedicated and accepted by the city for maintenance and become public streets, except as otherwise provided in this chapter:

1. ARTERIAL STREET . A major thoroughfare street which accommodates major traffic volumes providing a continuous route and connecting high-traffic generation points to freeways and other state and city highways;

2. COLLECTOR STREET and INDUSTRIAL COLLECTOR STREET . A street which collects traffic from local streets and interconnects arterial streets and provides direct access to adjacent properties;

3. CUL-DE-SAC . A circular area at the termination of a street which provides for vehicular turnaround; and

4. LOCAL PRIVATE STREET . A local street approved by the Planning Commission and/or Council not dedicated to, or maintained by, the city;

5. LOCAL PUBLIC STREET . A street which serves primarily as a means of direct access to abutting properties. The streets are predominantly streets in residential neighborhoods designed to provide vehicular access to and from neighborhood residences to provide for pedestrian movements;

6. PUBLIC WAY . Any street, alley, pedestrian way, equestrian of hiking or bike path, or other place for public use.

(1973 Code, § 9-3.225)

PUBLIC UTILITY EASEMENT (PUE) . An easement indicated on a map, which easement may or may not be offered for dedication and acceptance by the city, and intended primarily for the installation of sewer, water, storm drainage and utilities, including utilities owned and operated by Pacific Gas and Electric Company, Pacific Telephone and Telegraph Company, Cable Television and Placer County Water Agency.

(1973 Code, § 9-3.230)

PUBLIC WORKS DIRECTOR. The designated official employed by the city as a staff member charged with the responsibility of the administration of public works for the city.

SUBDIVISIONS .

1. AGRICULTURAL SUBDIVISION . A division of land zoned for agricultural uses.

2. COMMERCIAL SUBDIVISION . A division of land zoned for commercial uses.

3. INDUSTRIAL SUBDIVISION . A division of land zoned for industrial uses.

4. RESIDENTIAL SUBDIVISION . A division of land zoned for residential uses.

5. SUBDIVISION . Any other division of land as may be defined in the Subdivision Map Act of the state and shall mean all other divisions of land, including those by gift or partition actions.

(1973 Code, § 9-3.235) (Am. Ord. 821, eff. 3-28-1986)

(Ord. 770, eff. 3-24-1982)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 158 General Responsibilities (Sections 158.015-158.018) 158.015 Advisory Agency; Additional Duties And Appeals 158.016 City Engineer 158.017 Planning 158.018 Council

158.015 Advisory Agency; Additional Duties And Appeals

The Advisory Agency shall be responsible for the approval or denial of tentative subdivision maps, tentative parcel maps and waived parcel maps pursuant to the procedures set forth in this chapter and the Subdivision Map Act. Appeals of any decisions of the advisory agency shall be made to the City Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, §9-3.310) (Ord. 770, eff. 3-24-1982; Am. Ord. 93-15, eff. 12-22-1993; Am. Ord. 09-02, eff. 4-8-2009)

158.016 City Engineer

The City Engineer or the Public Works Director shall be responsible for reporting to the Planning Commission and the Council as to whether the proposed design and improvements are consistent with the regulations contained in this chapter and shall be responsible further for the supervision and approval of all improvements. He or she shall further have final jurisdiction in the approval of final parcel maps for the purpose of determining substantial conformance with approved tentative parcel maps.

(1973 Code, § 9-3.315) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 158.017 Planning

The Planning Director shall be responsible for reporting to the Planning Commission and the Council as to whether the proposed design and improvements are consistent with the general plan and any specific plans adopted by the city.

(1973 Code, § 9-3.320) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 158.018 Council

1. Final maps . The Council shall have the final jurisdiction in the review and approval of final maps and the establishment of standards of design and improvements as a result of the map review process. The Council shall also have jurisdiction as an appellate agency in cases in which appeals to the Council are authorized by this chapter.

2. Lot line adjustment maps . The City Engineer or the Council, in the case of an appeal, shall have the final jurisdiction in the review and approval of lot line adjustments.

(1973 Code, § 9-3.325) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 92-3, eff. 5-13-1992)

158 Tentative Maps (Sections 158.030-158.037)

158.030 Environmental Reports

158.031 Tentative Maps Required

158.032 Information To Be Submitted

158.033 Additional Data

158.034 Preparation And Form

158.035 Filing And Fees

158.036 Action By The Advisory Agency

158.037 Action By The Council

158.030 Environmental Reports

No tentative subdivision map shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act and the state and city environmental regulations and procedure. For the purposes of § 66452.1 of the Subdivision Map Act of the state, a tentative map shall not be deemed to have been filed until the date of the completion of the environmental review process.

(1973 Code, § 9-3.410) (Ord. 770, eff. 3-24-1982)

158.031 Tentative Maps Required

1. A tentative map shall be required for every subdivision and shall be filed with the Planning Director and be prepared in accordance with the provisions of this subchapter and the Subdivision Map Act of the state.

2. Tentative maps shall be divided into 2 categories:

   1. Tentative subdivision maps; and

   2. Tentative parcel maps.

(1973 Code, § 9-3.415) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 92-3, eff. 5-13-1992)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.032 Information To Be Submitted

1. Tentative maps . The following information shall appear on tentative maps:

   1. The tract number or other description according to the records of the County Recorder;

   2. The names, addresses and telephone numbers of the record owners, subdividers and the civil engineer or land surveyor who prepared the map;

   3. The boundaries of the subdivision with sufficient information to locate the property; existing contour lines at intervals of not more than 5 feet, unless otherwise permitted by the Planning staff; the limits of all grading and the proposed grading slopes shall be indicated; and contours shall extend beyond the tract boundaries to show drainage conditions on surrounding property;

   4. The location, width and names of all existing streets or other public rights-of-way in or adjacent to the tract;

   5. Existing buildings shall be accurately located with distances between structures to be retained and notations of structures to be removed;

2. The approximate location and general description of clusters of trees and individual trees having a diameter of 10 inches or larger;

   7. The approximate existing storm and sanitary sewers, existing gas, water, telephone, cable television and electric underground lines and service laterals, culverts or other underground structures within the boundaries of the tract and immediately adjacent thereto; (Pipe sizes, grades and locations shall be shown.)

   8. The true north point, dimensional and graphic, scale and date;

   9. The layout, numbers and approximate dimensions and square footage of the proposed lots;

   10. The locations, widths and approximate grades and elevations of all proposed streets;

   11. The approximate location and width of all proposed and existing easements for all utility purposes (Pacific Gas and Electric Company, Pacific Telephone and Telegraph Company, Placer County Water Agency, cable television, sewers, storm drains, canals, NID and other PUE);

   12. The approximate location of proposed sanitary sewer, storm drain and water main facilities;

   13. The proposed names for all streets;

   14. A statement of the existing and proposed zoning and the use of the property; (A certificate on the map signed by the owners agreeing to the filing of the map and agreeing to comply with the provisions of this chapter and the Subdivision Map Act of the state as they apply to the processing and approval of the map.)

   15. The proposed fire access points, width, surfacing and fire hydrant locations;

   16. The proposed recreational facility locations and types of facilities, if required; and

   17. The location of the limits of the riparian ordinance if it applies.

3. Tentative parcel maps . The same information as set forth in division (A) above shall appear on a tentative parcel map, unless portions of such information are waived in writing by the Planning Director under policies established by the Planning Commission.

(1973 Code, § 9-3.420) (Ord. 770, eff. 3-24-1982)

158.033 Additional Data

A preliminary soils investigation and report by a registered civil engineer authorized by the state to use the title "Geotechnical Engineer" specializing in soils engineering may be required for tentative maps. If the subdivision is within a special studies zone established by the state, a geological report prepared by a registered geologist or a registered engineering geologist complying with the requirements of the Alquist-Priolo Act shall be submitted. The City Engineer or

Public Works Director and the Planning Director may require other information in order to evaluate the map for conformance with city policies, including the adopted general policies plan. A legal description of the property to be subdivided shall also be submitted.

(1973 Code, § 9-3.425) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.034 Preparation And Form

The scale of the map shall be between 1 inch equals 10 feet and 1 inch equals 100 feet. If necessary to provide the proper scale, more than 1 sheet may be used, but the relation of the several sheets shall be clearly shown on each sheet. No sheet shall exceed 36 inches in width and 42 inches in length.

(1973 Code, § 9-3.430) (Ord. 770, eff. 3-24-1982)

158.035 Filing And Fees

1. 1. The subdivider shall file the number of copies of the tentative map as specified by the Planning Director.

2. The tentative map shall not be considered as being filed unless and until it complies with all the provisions of this chapter and the drawings, statements and other data required to accompany the tentative map have been submitted in a form acceptable to the Planning Director.

3. The subdivider shall pay filing fees as set forth by Council resolution.

(1973 Code, § 9-3.435) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.036 Action By The Advisory Agency

1. Notices .

1. At least 10 days prior to the Advisory Agency meeting, the time and place thereof shall be noticed as set forth in § 159.460 and published in a newspaper of general circulation in the city at least 10 days before the hearing.

2. The names and addresses of the owners as shown on the latest equalized county assessment roll shall be furnished by the subdivider as set forth in §§ 159.460 et seq .

3. The written notice shall also be posted in a conspicuous location on streets abutting the proposed subdivision and on streets leading to the proposed subdivision.

4. Any person interested in or affected by the proposed subdivision may be heard.

5. An affidavit of posting shall be filed by the subdivider with the city 10 days prior to the hearing time.

6. Appeals . Any interested person adversely affected by the decision of the Advisory Agency or the City Engineer under this section may file an appeal to the City Council pursuant to Chapter 162 of this Municipal Code.

7. Lot line adjustments; notices . Lot line adjustments shall not require compliance with the notice requirements set forth in this section.

8. Tentative maps; approval or disapproval . Within the period prescribed by § 66452.1 of the Subdivision Map Act of the state, the Advisory Agency shall consider the tentative map, the accompanying drawings, statements and other data, the reports and recommendations of the City Engineer, Public Works Director and the Planning Director and the evidence and testimony introduced at its meeting and shall approve, conditionally approve or disapprove the map.

9. Tentative parcel maps; approval or disapproval . Within the period prescribed by § 66452.1 of the Subdivision Map Act of the state, the Advisory Agency shall consider the tentative parcel map, waived parcel map, the accompanying drawings, statements and other data, including the recommendations of the City Engineer, Public Works Director and the Planning Director, and shall approve, conditionally approve or disapprove the map.

or disapproval_ . Within the period prescribed by § 66452.1 of the Subdivision Map Act of the state, the Advisory Agency shall consider the tentative parcel map, waived parcel map, the accompanying drawings, statements and other data, including the recommendations of the City Engineer, Public Works Director and the Planning Director, and shall approve, conditionally approve or disapprove the map.

6. Lot line adjustment maps; approval . The City Engineer or the Council, in the case of an appeal, shall have the final jurisdiction in the review and approval of lot line adjustments.

7. Approval; time limits . Tentative parcel maps and tentative subdivision maps shall be approved within 50 days after filing as set forth in § 66452.1 of the Subdivision Map Act of the state.

(1973 Code, § 9-3.440) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 92-3, eff. 5-13-1992; Am. Ord. 09-02, eff. 4-8-2009)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.037 Action By The Council

The Council, as the appellate review body, shall act upon tentative maps in the manner prescribed by the Subdivision Map Act of the state and by this chapter.

(1973 Code, § 9-3.445) (Ord. 770, eff. 3-24-1982)

158 Parcel Maps (Sections 158.050-158.054)

158.050 Parcel Maps Required 158.051 Time Extensions

158.052 Preparation And Form 158.053 Offers Of Dedication 158.054 Waivers

158.050 Parcel Maps Required

The tentative parcel map process shall apply to subdivisions described in subsections (a), (b), (c) and (d) of § 66426 of Article 1 of Chapter 2 of the Subdivision Map Act of the state, including subdivisions of up to 60 acres as described in subsection (d) of § 66426, and all other subdivisions for which a final map or parcel map is not otherwise required by the Subdivision Map Act.

(1973 Code, § 9-3.510) (Ord. 770, eff. 3-24-1982)

158.051 Time Extensions

An approved tentative parcel map shall expire 36 months after its approval, unless the Advisory Agency grants an extension of time beyond the 36 months allowed for the recording of a final map. Prior to expiration of the tentative parcel map, and upon a showing of good cause, an applicant may request an extension from the Advisory Agency. The tentative parcel map approval may be extended or conditionally extended by the Advisory Agency for an additional period not to exceed 24 months. No more than 1 24-month extension shall be permitted.

(1973 Code, § 9-3.515) (Ord. 770, eff. 3-24-1982; Am. Ord. 92-3, eff. 5-13-1992; Am. Ord. 08-06, eff. 6-23-2008)

158.052 Preparation And Form

The parcel map shall substantially conform to the tentative map as approved or conditionally approved by the Advisory Agency. The City Manager, or an individual or agency designated by the City Manager, shall determine whether the parcel map substantially conforms to the tentative map as approved or conditionally approved by the Advisory Agency. The parcel map shall contain, or be accompanied by, the following:

1. The general form and layout of the map, including the size and type of lettering, drafting, location and acknowledgments, shall be as determined by the City Engineer.

2. The exterior boundary of the land within the subdivision shall be designated by a 1/16-inch solid black line.

3. The scale of the map shall be between 1 inch equals 10 feet and 1 inch equals 100 feet.

4. All dimensions shall be shown in feet and hundredths or thousandths of a foot.

5. The location of the limits of the riparian ordinance shall be shown if the project is encumbered by the ordinance.

6. If more than 2 sheets are necessary to show the entire subdivision, an index map shall be included on sheet 1 or 2.

7. The parcel map number, city and county, scale and north point, name of the engineer, date and sheet number shall be shown on each sheet if applicable.

8. A title sheet designated as sheet 1 of the parcel map shall be provided, except that, where the size of a subdivision permits, in lieu of a separate title sheet, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision.

9. Upon the recordation of the parcel map by the County Recorder, the subdivider shall be responsible to provide the City Engineer with a reproducible copy on photo Mylar or provide the original drawing to the city.

10. All required survey data and information shall be shown.

11. All lots and parcels intended for sale or lease or reserved for private purposes, with dimensions, boundaries and courses clearly shown and defined and with each parcel identified by number, shall be shown.

12. The location and width of streets, alleys, pedestrian ways and other easements and portions thereof, dedicated or offered for dedication to the city, including the recording references on easements which are existing of record or for other agencies, such as public utilities, shall be shown.

13. All limitations on rights of access to and from the streets from lots and other parcels of land shall be shown.

14. A guarantee of title or letter from a title company certifying that the signatures of all persons whose consent is necessary to pass clear title to the land being subdivided, and all acknowledgments thereto, appear and are correctly shown on the certificates, and that such certificates are correctly shown on the final map, both as to consents for the making thereof and the affidavit of dedication, shall accompany the parcel map.

15. If a field survey is made, the engineer or surveyor shall furnish boundary closure sheets to the City Engineer.

16. Plans, specifications and applicable permits for the construction and installation of improvements, which plans, specifications and permits have been approved by the City Engineer, and security to guarantee the installation of such improvements shall accompany the parcel map.

17. Any city or district boundary line crossing or contiguous to the subdivision shall be clearly designated to determine its relative location to all parcels and lots.

18. Adjacent subdivisions or ownerships of record shall be shown.

19. The locations of proposed recreational facilities, if required, shall be shown.

20. Notification of any special conditions, restrictions or requirements relating to building on any property referred to in the parcel map.

(1973 Code, § 9-3.520) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 03-8, eff. 12-10-2003; Am. Ord. 08-06, eff. 6-23-2008)

158.053 Offers Of Dedication

1. Offers of dedication may be made either by separate document or by dedication on the parcel map.

2. The City Manager is authorized to accept offers of dedication, provided that he or she determines the cost to maintain the dedicated property can be maintained in an approved budget.

3. If the City Manager accepts an offer of dedication, the certificate of acceptance of such offer of dedication shall be signed by the City Manager and shall be in a form required for a final tract map.

(1973 Code, § 9-3.525) (Ord. 770, eff. 3-24-1982; Am. Ord. 0806, eff. 6-23-2008)

158.054 Waivers

1. The requirements for a parcel map may be waived by the Advisory Agency if the following conditions are met:

   1. A finding that the proposed division of land complies with the provisions of the Subdivision Map Act of the state; and

   2. A finding that the proposed division of land complies with the following city requirements:

      1. Meets the minimum parcel size for zoning, access, utilities, drainage and flood control requirements; and

   3. Meets the environmental protection requirements and that the lot design is in conformity with city policies.

2. A tentative map may be required by the Advisory Agency.

(1973 Code, § 9-3.530) (Ord. 770, eff. 3-24-1982)

158 Lot Line Adjustment Maps (Sections 158.065-158.066) 158.065 Preparation And Form 158.066 Time

158.065 Preparation And Form

The following information shall be shown on lot line adjustment maps or be submitted:

1. The general form and layout of the map shall be as determined by the City Engineer or Public Works Director;

2. The names, addresses and telephone numbers of the record owners and the Assessor's parcel numbers assigned to the parcels;

3. The boundaries of the lots, both existing and proposed, with sufficient information to locate the property;

4. The location and names of all existing streets or other public rights-of-way in or adjacent to the tract and Pacific Gas and Electric Company, Pacific Telephone and Telegraph Company and Placer County Water Agency easements;

5. The existing buildings, distances between structures to be retained and notations of structures to be removed; rights-of-way, proposed and existing easements or other important features, such as political subdivision lines, watercourses or other physical features; Placer County Water Agency canals, flumes and pipelines; and electric or gas transmission lines, penstocks, canals, flumes, pipelines and communication lines;

6. The approximate location and general description of trees in excess of 6 inches in diameter;

7. The true north point, dimensional and graphic, scale and date;

8. The layout, numbers and dimensions of the lots involved; and

9. A certificate on the map signed by the owners agreeing to the filing of the map and agreeing to comply with the provisions of this chapter and the Subdivision Map Act of the state as they apply to the processing and approval of the map.

(1973 Code, § 9-3.615) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.066 Time

Lot line adjustment approvals shall be valid for 1 year and, if the revised lots are not a matter of record within the time, the approval shall expire.

(1973 Code, § 9-3.620) (Ord. 770, eff. 3-24-1982)

158 Final Maps (Sections 158.080-158.084)

158.080 Time Extensions

158.081 Preparation And Form

158.082 Information To Appear On Certificate Sheets

158.083 Information To Appear On Final Maps 158.084 Statements, Documents And Other Data To Accompany Final Maps

158.080 Time Extensions

1. An approved tentative subdivision map shall expire 24 months after its approval, unless the Advisory Agency grants an extension of time beyond the 2 years allowed for the recording of a final map.

2. Prior to expiration, and upon a showing of good cause, an applicant may request an extension.

3. The tentative subdivision map approval may be extended or conditionally extended by the Advisory Agency for an additional period not to exceed 12 months per extension request.

4. No more than 3 12-month extensions shall be permitted.

(1973 Code, § 9-3.710) (Ord. 770, eff. 3-24-1982; Am. Ord. 92-3, eff. 5-13-1992)

158.081 Preparation And Form

Final maps shall conform to the following:

1. The scale of the map shall be one inch equals 10 feet and one inch equals 50 feet maximum unless otherwise permitted by the City Engineer or Public Works Director.

2. All dimensions shall be shown in feet and hundredths of a foot. The boundary shall be closed to 1/100 of a foot.

3. If more than 2 sheets are necessary to show the entire subdivision, an index map shall be included on Sheet 1 or 2.

4. The basis for bearings and legend shall be shown on Sheet 2, and the tract number, scale, north point, date, engineer and sheet number shall be shown on each sheet. Tract designations shall be allowable with tract numbers.

5. A certificate sheet designated as Sheet 1 of the final map shall be provided, except that, where the size of the subdivision permits, the information required to be shown thereon may be shown on the same sheet as the map of the subdivision.

6. Upon the recordation of the final map by the County Recorder, the subdivider shall be responsible to provide the City Engineer with a reproducible copy on either tracing cloth, 3 mil polyester base film or sepia.

(1973 Code, § 9-3.715) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.082 Information To Appear On Certificate Sheets

The following information shall appear on the certificate sheets:

1. The tract number, designation (if desired), the city and county where located, date, engineer and sheet number;

2. Below the title shall be a subtitle consisting of a description of all property being subdivided by reference to the map or maps of the property shown thereon as shall have been last previously recorded or filed in the office of the County Recorder or shall have been last previously filed with the County Clerk pursuant to a final judgment in any action in partition or shall have been previously filed in the office of the County Recorder under authority of the Subdivision Map Act of the state or by reference to the plat of any United States survey; (The description shall also include a reference to any vacated area with the number of the ordinance vacating the area.)

3. References to tracts and subdivisions in the description shall be worded identically with the original records and references to books and pages of records shall be complete; and

4. 1. The certificate sheet on the final map shall contain those certificates required by the Subdivision Map Act of the state.

   2. The form of the certificates shall be approved by the City Engineer.

(1973 Code, § 9-3.720) (Ord. 770, eff. 3-24-1982)

158.083 Information To Appear On Final Maps

1. The final map shall substantially conform to the tentative map as conditionally approved by the city.

2. The following information shall appear on a final map.

   1. The exterior boundary of the land within the subdivision shall be designated by a 1/16 inch solid black line.

   2. All lots or parcels intended for sale, lease or financing, or reserved for private purposes, and all parcels offered for dedication to the city for any purpose with all dimensions, boundaries and courses clearly shown and defined in each case. Boundary, lot and street dimensions shall show the total of all partial dimensions for all courses and curves.

   3. All lots shall be numbered consecutively throughout the subdivision. Only parcels offered for dedication, other than for streets or easements, shall be designated by letters. The final map shall show the location and width of all streets, alleys, pedestrian ways, hiking trails and biking paths; the location and width of the portion of the street, alley, pedestrian way, equestrian hiking trail and biking path being dedicated; and the location and width of existing streets, rights-of-way, easements or other interests in the subdivision.

   4. All necessary data, including the width and side lines, of all public easements to which lots within the subdivision are subject. Each easement shall be clearly labeled and identified as to its nature and purpose and, if already of record, its reference shall be given. A statement shall be made on the appropriate sheet or sheets of the final map stating the nature of any easement which cannot be located exactly by record data. The easement shall be denoted by 5 dashed lines and 1 solid line.

   5. All limitations or rights of ingress or egress to and from streets and lots and other parcels of land;

3. The location, width and name of any street and the location and width of any alley, pedestrian way, equestrian hiking trail, biking trail, railroad right-of-way or other right-of-way adjacent to the subdivision.

   7. Any city or district boundary line crossing or contiguous to the subdivision shall be clearly designated to determine its relative location to all parcels and lots.

   8. Adjacent subdivisions or ownerships of record.

(1973 Code, § 9-3.725) (Ord. 770, eff. 3-24-1982)

158.084 Statements, Documents And Other Data To Accompany Final Maps

The following statements, documents or other data and as many additional copies thereof as may be required by the City Engineer, shall accompany the final map:

1. The names, addresses and telephone numbers of the subdivider and persons preparing the final map;

2. A guarantee of title or letter from a title company certifying that the signatures of all persons whose consent is necessary to pass clear title to the land being subdivided and all acknowledgments thereto, appear and are correctly shown on the certificates and that the certificates are correctly shown on the final map, both as to consents for the making thereof and the affidavit of dedication; and

3. Closure sheets for the lots, boundary lines, streets, easements and monument lines as required by the City Engineer.

4. Notification of any special conditions, restrictions or requirements relating to building on any property referred to in the final map.

(1973 Code, § 9-3.730) (Ord. 770, eff. 3-24-1982; Am. Ord. 03-8, eff. 12-10-2003)

158 Condominium And Community Apartment Subdivisions (Sections 158.095-158.108)

158.095 Intent And Purpose 158.096 Definitions

158.097 Tentative Maps

158.098 Standards Of Development

158.099 Parking

158.100 Utilities

158.101 Organizational Documents

158.102 Abatement Rights

158.103 Conversions To Condominiums Or Community Apartments; Building Requirements 158.104 Conversions To Condominiums Or Community Apartments; Tenant Notices 158.105 Conversions To Condominiums Or Community Apartments; Agency Requirement To Act On Applications 158.106 Conversions To Condominiums Or Community Apartments; Public Notices 158.107 Conversions To Condominiums Or Community Apartments; Appeals From Advisory Agency Actions 158.108 Notices To File Tentative Maps For Conversions Of Residential Property

158.095 Intent And Purpose

The rules and standards set forth in this subchapter shall apply to a subdivision initially created as condominium units or community apartments; the conversion of an existing multi-family unit to a condominium or community apartment; and the conversion of an existing industrial or commercial building to a condominium or community apartments. In addition, all such projects shall meet all environmental and zoning laws of the city, including, but not limited to a minimum land area of 1 acre for each project.

(1973 Code, § 9-3.810) (Ord. 770, eff. 3-24-1982)

158.096 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASSOCIATION . The persons who own a condominium or right of exclusive occupancy in a community apartment unit.

COMMON AREA . The entire project, excepting all units therein.

COMMUNITY APARTMENT . An estate in real property consisting of individual interests in common in a parcel of real property in the improvement therein, coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon.

COMMUNITY APARTMENT PROJECT . A community apartment containing 2 or more apartments to which there is the right of exclusive occupancy for residential purposes.

CONDOMINIUM . An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A CONDOMINIUM may include, in addition, a separate interest in other portions of real property. The estate, with respect to the duration of its enjoyment, may be either:

1. An estate of inheritance or perpetual estate;

2. An estate for life; or

3. An estate for years, such as a leasehold or subleasehold.

CONVERSION . A change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project or a community apartment project, regardless of the present or prior use of the land or structures and whether improvements have been made or are to be made to the structures.

CONDOMINIUM PROJECT . A condominium containing 2 or more condominiums for residential, commercial or industrial purposes.

ORGANIZATIONAL DOCUMENTS . The declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contract for the maintenance, management or operation of all or any part of a project.

PROJECT . The entire parcel of real property divided or to be divided, into condominiums or community apartments, including all the structures thereon.

RECREATIONAL OPEN SPACE . The open space on the project which complies with all the applicable zoning provisions.

UNIT . The elements of a condominium which are not owned in common with the owners of other condominiums in the project or an apartment in a community apartment project to which the owner has a right of exclusive occupancy.

(1973 Code, § 9-3.815) (Ord. 770, eff. 3-24-1982)

158.097 Tentative Maps

Tentative maps shall contain all the information required on a tentative map for any subdivision, plus the following:

1. The location indicated to the nearest 1 foot of the perimeter of the building or buildings in relationship to the parcel boundaries;

2. The estimated square footage of each unit;

3. The general layout of all common areas;

4. The general layout and location of all facilities and amenities provided within the common area for the use and enjoyment of the unite owners;

5. The general layout of all parking spaces and driveways;

6. The public areas proposed for dedication, the scenic easements proposed and, the land or money in lieu of land, for park purposes;

7. The tree and landscaping removal or planting proposed; and

8. The requirements of the zoning regulations.

(1973 Code, § 9-3.820) (Ord. 770, eff. 3-24-1982)

158.098 Standards Of Development

Except as provided in this chapter, the standards set forth in the zoning provisions, this code and the master plan, including the housing element if a residential subdivision, shall apply.

(1973 Code, § 9-3.830) (Ord. 770, eff. 3-24-1982)

158.099 Parking

Parking shall be provided within the boundaries of the project at no less than 2 spaces per dwelling unit.

(1973 Code, § 9-3.831) (Ord. 770, eff. 3-24-1982)

158.100 Utilities

Each unit shall be separately metered for utility services. Wherever practical, each unit shall be directly connected to a public utility and the owner or occupant directly billed for each utility service.

(1973 Code, § 9-3.835) (Ord. 770, eff. 3-24-1982)

158.101 Organizational Documents

There shall be required covenants, conditions and restrictions (CC&Rs) and the formation of an association or corporation for the purpose of managing and maintaining the project.

(1973 Code, § 9-3.840) (Ord. 770, eff. 3-24-1982)

158.102 Abatement Rights

1. The CC&Rs shall state that the city has the right to abate public nuisance conditions in the common area if the association, corporation or individual unit owners fail to do so.

2. In order to accomplish this, the CC&Rs shall contain the following typical statements:

   1. 1. In the event the Board fails to maintain the exterior portions of the common area so that owners, lessees and their guests suffer, or will suffer, substantial diminution in the enjoyment, use or property value of the project, thereby impairing the health, safety and welfare of the residents in the project, the city, by and through its duly authorized officers and employees, shall have the right to enter upon the real property described in "Exhibit A" and to commence and complete the work as is necessary to maintain the exterior portions of the common area.

      2. The city shall enter and repair only if, after giving the Board written notice of the Board's failure to maintain the premises, the Board does not commence the correction of such conditions in no more than 30 days from the delivery of the notice and proceed diligently to completion.

      3. The Board agrees to pay all expenses incurred by the city within 30 days after written demand.

      4. Upon failure by the Board to pay within the 30 days, the city shall have the right to impose a lien for the proportionate share of the costs against each condominium or community apartment in the project.

   2. It is understood that, by the provisions hereof, the city is not required to take any affirmative action and any action undertaken by the city shall be that which, in its sole discretion, it deems reasonable to protect the public health, safety and general welfare and to enforce it and the regulations and ordinances and other laws.

3. It is understood that action or inaction by the city, under the provisions hereof, shall not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations and ordinances of the city or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action.

   4. It is further understood that the remedies available to the city by the provisions of this section or by reason of any other provisions of law shall be cumulative and not exclusive, and the maintenance of any particular remedy shall not be a bar to the maintenance of any other remedy.

   5. 1. The City Council, at any time, may relinquish its rights and interest in the project as herein set forth by appropriate resolution.

      2. Any such relinquishment by the City Council shall be effective on the date the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Board.

      3. The Board shall execute and record a declaration reflecting the relinquishment within 10 days after the receipt of a copy of the resolution.

   6. The above 5 divisions cannot be amended or terminated without the consent of the Auburn City Council.

(1973 Code, § 9-3.845) (Ord. 770, eff. 3-24-1982)

158.103 Conversions To Condominiums Or Community Apartments; Building Requirements

The subdivider for a conversion shall include with the tentative map the following additional information:

1. A report from the Building Official advising if the dwelling units would be eligible for the issuance of certificates of occupancy and, if ineligible, what deficiencies have to be corrected; (Prior to Council approval of the final map, all the dwelling units shall have been issued certificates of occupancy.)

2. A report describing the condition of and estimating the remaining useful life of the following elements: roofs, paved surfaces, central or community heating and air-conditioning systems, hot water heaters and, where they are reasonably accessible for inspection, other electrical, plumbing and mechanical equipment; (The report shall be prepared by a contractor or engineer who is licensed in the element he is reviewing.)

3. A report disclosing the amount of deposit provided by the subdivider and the manner in which it was calculated to defray expenses to be incurred by the association replacing major mechanical and electrical equipment; and

4. A structural pest control report prepared by a licensed pest control operator pursuant to Cal. Business and Professions Code § 8516.

(1973 Code, § 9-3.850) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

158.104 Conversions To Condominiums Or Community Apartments; Tenant Notices

1. The Council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless the Council finds all of the following:

2. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received written notification of intention to convert at least 60 days prior to the filing of a tentative map; (There shall be a further finding that each such tenant, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter. In addition, a finding shall be made that each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate of the State and that the report will be available on request. The written notices to tenants required by this division shall be deemed satisfied if the notices comply with the legal requirements for service by mail.)

   2. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given written notification within 10 days after the approval of a final map for the proposed conversion;

   3. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and (The provisions of this division shall not alter or abridge the rights or obligations of the parties in the performance of their covenants, including, but not limited to the provision of services and payment of rent.)

   4. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions such unit will be initially offered to the general public or upon terms more favorable to the tenant. The right shall run for a period of not less than 90 days after the date of the issuance of the subdivision public report, unless the tenant gives prior written notice of his or her intention not to exercise the right.

3. This section shall not diminish, limit or expand, other than as provided in this subchapter, the authority of the city to approve or disapprove condominium projects.

(1973 Code, § 9-3.855) (Ord. 770, eff. 3-24-1982)

158.105 Conversions To Condominiums Or Community Apartments; Agency Requirement To Act On Applications

The city shall approve or disapprove the conversion of an existing building within 120 days following the receipt of a completed application for the approval of the conversion. This section shall not diminish, limit or expand, other than as provided in this subchapter, the authority of the city to approve or disapprove condominium projects.

(1973 Code, § 9-3.860) (Ord. 770, eff. 3-24-1982)

158.106 Conversions To Condominiums Or Community Apartments; Public Notices

1. Notices for public hearings for the review of tentative maps shall be given as set forth in § 158.036(A).

2. The notice shall also be given by United States mail to each tenant of the subject property, and, in addition, a notice of the time and place of the public hearing shall include notification of the tenants' right to appear and the right to be heard.

3. he notice to tenants shall be given by the local agency and shall be deemed satisfied if the notice complies with the legal requirements for service by mail.

4. Fees shall be collected from the subdivider for expenses incurred under this section.

5. In addition to notice by publication, a local agency may give notice of the hearing in such other manner as it may deem necessary or desirable as provided by local ordinance.

6. Any interested person may appear at a hearing and shall be heard.

7. Any report or recommendation on a tentative map by the staff of the local agency to the Advisory Agency or Council shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least 3 days prior to any hearing or action on the map by the Advisory Agency.

8. Fees shall be collected from the subdivider for expenses incurred under this section pursuant to current fee schedules.

(1973 Code, § 9-3.865) (Ord. 770, eff. 3-24-1982)

158.107 Conversions To Condominiums Or Community Apartments; Appeals From Advisory Agency Actions

Appeals shall be filed and heard in the manner set forth in Chapter 162 of this Municipal Code.

(1973 Code, § 9-3.870) (Ord. 770, eff. 3-24-1982; Am. Ord. 09-02, eff. 4-8-2009)

158.108 Notices To File Tentative Maps For Conversions Of Residential Property

Notices to file tentative maps for residential conversions shall be as follows:

1. Commencing at a date not less than 60 days prior to the filing of a tentative map, the subdivider or his or her agent shall give notice of the filing, in the form set forth in division (B) below, to each person applying after such date for the rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider.

2. The notice shall be in the following form:

To the prospective occupant(s) of (address):

The owner of this building, at (address), has filed or plans to file an application with the City to convert this building to a (condominium, community apartment, or stock cooperative project). No unit may be sold in this building unless the conversion is approved by the City and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required, and you have the right to appear and the right to be heard at any such hearing.

(signature of owner or owner's agent)

(dated)

I have received this notice on (dated).

(prospective tenant's signature)

3. Failure by a subdivider or his or her agent to give the notice required by division (A) above shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to the notice, and who does not purchase his or her unit, an amount equal to the sum of the following:

   1. Actual moving expenses incurred when moving from the subject property, but not to exceed $500; and

   2. The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed $500.

(1973 Code, § 9-3.875) (Ord. 770, eff. 3-24-1982)

158 Dedications And Reservations (Sections 158.120-158.123)

158.120 Dedications For Streets And Utilities

158.121 School Site Dedications

158.122 Waivers Of Direct Access To Streets

158.123 Reservations

158.120 Dedications For Streets And Utilities

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of the following:

1. All parcels of land within the subdivision which are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements; and

2. All parcels of land within the subdivision which are needed for public transportation purposes.

(1973 Code, § 9-3.910) (Ord. 770, eff. 3-24-1982)

158.121 School Site Dedications

As a condition of approval of a final map, a subdivider who develops or completes the development of 1 or more subdivisions within the local school district shall, within the limitations of § 66578 of the Subdivision Map Act of the state, dedicate to the school district such land as the Council shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service and a secondary school system.

(1973 Code, § 9-3.915) (Ord. 770, eff. 3-24-1982)

158.122 Waivers Of Direct Access To Streets

The Council or the Advisory Agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to the street from any property shown on a final map as abutting thereon, and that, if the dedication is accepted, the waiver shall become effective in accordance with its provisions.

(1973 Code, § 9-3.920) (Ord. 770, eff. 3-24-1982)

158.123 Reservations

At the time of the approval of the tentative map, the Advisory Agency may require the reservation of areas for fire stations, libraries, parks and recreational facilities or other public uses, subject to the provisions of §§ 66479 through 66482 of the Subdivision Map Act of the state.

(1973 Code, § 9-3.925) (Ord. 770, eff. 3-24-1982)

158 Fees (Sections 158.135-158.137)

158.135 Processing

158.136 Bridge Crossings And Major Thoroughfares 158.137 Drainage And Sewer Facilities

158.135 Processing

Every person submitting a tentative map, final map, parcel map, lot line adjustment map and improvement plan shall pay for the city's cost of processing and review in accordance with the most current resolution of the Council fixing the fees.

(1973 Code, § 9-3.1010) (Ord. 770, eff. 3-24-1982)

158.136 Bridge Crossings And Major Thoroughfares

Prior to the filing of any final map or parcel map, the subdivider shall pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing bridges or major thoroughfares when the fees have been established in the manner provided by § 66484 of the Subdivision Map Act of the state or other method approved by the city.

(1973 Code, § 9-3.1015) (Ord. 770, eff. 3-24-1982)

158.137 Drainage And Sewer Facilities

Prior to the filing of any final map or parcel map, the subdivider shall pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established in the manner provided by § 66483 of the Subdivision Map Act of the state.

(1973 Code, § 9-3.1020) (Ord. 770, eff. 3-24-1982)

158 Reimbursements (Section 158.150)

158.150 Reimbursements

158.150 Reimbursements

1. The city may impose a requirement that the improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental sizes, capacity or number for the benefit of property not within the subdivision and that the improvements be dedicated to the city.

2. When the city imposes a requirement, the city shall enter into an agreement with the subdivider to reimburse the subdivider for a pro rata share of the initial costs of constructing the improvements from other benefitting property owners upon the development of real property by such other benefitting property owners.

3. In no event shall the city assume or incur any liability of any kind whatsoever in the event of the non-payment of the pro rata share of development costs from such other benefitting property owners.

(1973 Code, § 9-3.1110) (Ord. 770, eff. 3-24-1982)

158 Soils Reports (Section 158.160)

158.160 Soils Report

158.160 Soils Report

A preliminary soils report shall be required for every subdivision. The soils report may be waived if the City Engineer or Public Works Director makes the finding in subsection (a) of § 66491 of the Subdivision Map Act of the State. Reference to the information replacing the soils report shall be made on the map. Under the authority of subsection (b) of § 66491, the City Engineer or Public Works Director may require a soils investigation of each lot.

(1973 Code, § 9-3.1210) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 158 Surveys And Monuments (Sections 158.170-158.175)

158.170 Boundary Monuments 158.171 Interior Monuments 158.172 Monument Types 158.173 Monument Identification Marks

158.174 Replacement Of Destroyed Monuments 158.175 Survey Data And Information To Be Shown On Final Maps And Parcel Maps

158.170 Boundary Monuments

1. Monuments shall be set or referenced on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points and all center lines of street intersections not to exceed 1,000 feet apart.

2. The location of inaccessible points shall be established by ties and shall be noted on the final map or parcel map.

   1. If any or all of the boundary monuments are to be set after the filing of the final map or parcel map with the County Recorder, the engineer or surveyor making the survey shall furnish evidence acceptable to the City Engineer to substantiate his reasons for deferring the setting of the monuments until after the filing of such map with the County Recorder.

   2. Subject to City Engineer or Public Works Director approval, a bond, as specified in the Subdivision Map Act of the state, may be permitted to secure the installation of the monuments.

(1973 Code, § 9-3.1315) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.171 Interior Monuments

Durable monuments shall be set at all block, lot or parcel comers and angle points, and at the beginning and end of curves, and within street rights- of-way as directed by the City Engineer.

1. If the interior monuments are not set within the period of time specified on the engineer's or surveyor's certificate, the City Engineer by written notice shall forthwith direct the engineer or surveyor of record to set the monuments within 60 days after the notice and furnish the field notes as were agreed to be set and furnished on the certificate. If the engineer or surveyor fails to comply with the directive after 60 days, the City Engineer, without further notice, shall submit a written complaint and request for disciplinary action against the engineer or surveyor to the State Board of Registration for Professional Engineers.

2. Subject to City Engineer or Public Works Director approval, a bond, as specified in the Subdivision Map Act of the state, may be permitted to secure the installation of the monuments.

(1973 Code, § 9-3.1320) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.172 Monument Types

All boundary monuments and monuments set within existing and proposed city rights-of-way shall be standard city monuments and shall be set to the depth and in the manner prescribed therefor.

(1973 Code, § 9-3.1325) (Ord. 770, eff. 3-24-1982)

158.173 Monument Identification Marks

All monuments set as required by this subchapter shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey was made.

(1973 Code, § 9-3.1330) (Ord. 770, eff. 3-24-1982)

158.174 Replacement Of Destroyed Monuments

Any monument set as required by this subchapter which is disturbed or destroyed before the acceptance of all improvements by the city shall be replaced by the subdivider's engineer or surveyor.

(1973 Code, § 9-3.1335) (Ord. 770, eff. 3-24-1982)

158.175 Survey Data And Information To Be Shown On Final Maps And Parcel Maps

The following survey data and information shall be shown on each final map or parcel map, based upon a field survey:

1. Stakes, monuments or other evidence found on the ground, together with their precise positions to determine the boundaries of the subdivision; and

2. Corners of all adjoining properties, subdivision names, numbers and page of record or by section, township and range or other proper designation.

(1973 Code, § 9-3.1340) (Ord. 770, eff. 3-24-1982)

158 Improvements (Sections 158.185-158.188)

158.185 Improvements Required

158.186 Agreements For Improvements

158.187 Improvement Security

158.188 Acceptance Of The Work

158.185 Improvements Required

As a condition of the approval of a map, the subdivider shall install or agree to install all public improvements required by the city approving body or individual.

(1973 Code, § 9-3.1410) (Ord. 770, eff. 3-24-1982)

158.186 Agreements For Improvements

1. The agreement may provide for the improvements to be installed in units and it may provide for its termination in whole or in part upon a reversion to acreage of the subdivision or parts thereof.

2. The agreement may provide for the improvements to be installed at a time therein set forth.

(1973 Code, § 9-3.1415) (Ord. 770, eff. 3-24-1982)

158.187 Improvement Security

1. In the event an agreement is required between the city and the subdivider for the construction of the improvement work by the subdivider, the agreement shall be secured by a good and sufficient security in the amount of 100% of the total estimated cost of the improvements for faithful performance and 100% of the total estimated cost of improvements for labor and materials as authorized by subsections (a) and (b) of § 66499.3 of the Subdivision Map Act of the state.

2. The acceptance of portions of improvements shall not affect nor prejudice the rights of the city to assert or enforce any other obligation under such agreement and security.

(1973 Code, § 9-3.1420) (Ord. 770, eff. 3-24-1982)

158.188 Acceptance Of The Work

1. Upon the satisfactory completion of all the improvements and other obligations under an agreement, the city shall accept and/or approve the work and discharge the faithful performance security, except for that portion of the security required for a 1-year 10% guarantee and warranty of the work as authorized by § 66499.9 of the Subdivision Map Act of the state.

2. The labor and material security shall be released as authorized by subsection (b) of § 66499.7 of the Subdivision Map Act of the state. If no outstanding liens exist at the termination of the 6-month period, the security shall be released in full.

3. The city, at its option, from time to time, may accept and/or approve those portions of the improvement work which have been satisfactorily completed and reduce the obligation of security accordingly.

(1973 Code, § 9-3.1425) (Ord. 770, eff. 3-24-1982)

158 Reversions To Acreage (Sections 158.200-158.211)

158.200 Initiation Of Proceedings By Owners

158.201 Initiation Of Proceedings By Council

158.202 Data For Petitions

158.203 Fees

158.204 Proceedings Before The Council

158.205 Return Of Fees And Deposits; Release Of Security

158.206 Delivery Of Final Maps

158.207 Reversions To Acreage By Parcel Maps; Authority

158.208 Reversions To Acreage By Parcel Maps; Initiation Of Proceedings

• 158.209 Reversions To Acreage By Parcel Maps; Fees

158.210 Reversions To Acreage By Parcel Maps; Proceedings 158.211 Reversions To Acreage By Parcel Maps; Delivery Of Parcel Maps

158.200 Initiation Of Proceedings By Owners

Proceedings to revert subdivided property to acreage may be initiated by a petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City Engineer.

(1973 Code, § 9-3.1510) (Ord. 770, eff. 3-24-1982)

158.201 Initiation Of Proceedings By Council

The Council, at the request of any person or persons, or on its own motion, may initiate proceedings to revert property to acreage. The Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings.

(1973 Code, § 9-3.1515) (Ord. 770, eff. 3-24-1982)

158.202 Data For Petitions

Petitioners shall file the following:

1. Evidence of title to the real property; and

2. Evidence:

   1. Of the consent of all of the owners of an interest in the property;

   2. None of the improvements required to be made have been made within 2 years after the date the final map or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later; or

   3. No lots shown on the final or parcel map have been sold within 5 years after the date the final or parcel map was filed for record.

(1973 Code, § 9-3.1520) (Ord. 770, eff. 3-24-1982)

158.203 Fees

Petitions to revert property to acreage shall be accompanied by a fee equal to the fee for filing a subdivision map. If the proceedings are initiated by the Council, the person who requested the proceedings shall pay all the costs incurred by the city. Initiation fees shall not be refundable.

(1973 Code, § 9-3.1525) (Ord. 770, eff. 3-24-1982)

158.204 Proceedings Before The Council

1. A public hearing shall be held before the Council on all final map proceedings for reversions to acreage. Notice of the public hearing shall be given as provided in § 66451.3 of the Subdivision Map Act of the state. The City Engineer may give such other notice he or she deems necessary or advisable. The Council may approve a reversion to acreage only if it makes the findings required by § 66499.16 of the Subdivision Map Act.

2. The Council may require as a condition of the reversion:

   1. That the owners dedicate or offer to dedicate streets or easements; and

3. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish the purposes of the Subdivision Map Act of the state or this chapter.

(1973 Code, § 9-3.1530) (Ord. 770, eff. 3-24-1982)

158.205 Return Of Fees And Deposits; Release Of Security

Except as provided in § 66499.19 of the Subdivision Map Act of the state, upon the filing of final maps for reversions to acreage with the County Recorder, all fees and deposits shall be returned to the subdivider, and all improvement securities shall be released by the Council.

(1973 Code, § 9-3.1535) (Ord. 770, eff. 3-24-1982)

158.206 Delivery Of Final Maps

After the hearing before the Council and the approval of the reversion, the final map shall be delivered to the County Recorder.

(1973 Code, § 9-3.1540) (Ord. 770, eff. 3-24-1982)

158.207 Reversions To Acreage By Parcel Maps; Authority

Property previously subdivided, consisting of 4 or less contiguous parcels under the same ownership, may be reverted to acreage pursuant to the provisions of §§ 158.208 through 158.211.

(1973 Code, § 9-3.1545) (Ord. 770, eff. 3-24-1982)

158.208 Reversions To Acreage By Parcel Maps; Initiation Of Proceedings

1. Proceedings shall be initiated by a petition of all the owners of the property or by the Council.

2. The petition shall be on a form prescribed by the City Engineer and shall be accompanied by:

   1. Evidence of ownership;

   2. Evidence of non-use or the lack of necessity of any streets or easements to be vacated or abandoned; and

   3. A parcel map.

(1973 Code, § 9-3.1550) (Ord. 770, eff. 3-24-1982)

158.209 Reversions To Acreage By Parcel Maps; Fees

The petition shall be accompanied by a fee equal to the fee for filing a tentative map or parcel map, no part of which shall be refundable.

(1973 Code, § 9-3.1555) (Ord. 770, eff. 3-24-1982)

158.210 Reversions To Acreage By Parcel Maps; Proceedings

1. A public hearing shall be held before the Council on the request for reversion to acreage.

2. Notice thereof shall be given as provided in § 66451.3 of the Subdivision Map Act of the state.

3. Additional notice may be given as deemed necessary or advisable by the City Engineer.

4. The Council shall approve the petition if the Council finds that dedications or offers of dedication to be vacated or abandoned by the reversion are unnecessary for present or future public purposes.

(1973 Code, § 9-3.1560) (Ord. 770, eff. 3-24-1982)

158.211 Reversions To Acreage By Parcel Maps; Delivery Of Parcel Maps

1. After the approval of the reversion to acreage, a parcel map shall be delivered to the County Recorder.

2. The parcel map shall have attached thereto a certificate signed and acknowledged by all parties having any record title interest in the property that the parties consent to the preparation and recordation of the parcel map.

(1973 Code, § 9-3.1565) (Ord. 770, eff. 3-24-1982)

158 Design And Improvement Standards (Sections 158.225-158.240)

158.225 Design And Improvement Standards; Conformance With Requirements; Variances

158.226 Street Standards

158.227 Alignment Of Streets

158.228 Parkway Maintenance

158.229 Structural Design Of Pavement

158.230 Trenching And Backfilling

158.231 Curbs And Gutters

158.232 Sidewalks

158.233 Ramps For Handicapped Persons

158.234 Private Streets

158.235 Effect Of Street Layout On Adjoining Property 158.236 Street Naming 158.237 Street Name Signs 158.238 Traffic Signs 158.239 Mailboxes 158.240 Trees

158.225 Design And Improvement Standards; Conformance With Requirements; Variances

1. The lot design and improvement standards for subdivisions shall conform generally to the requirements of the zoning provisions, the standard specifications, plans and details and this subchapter.

2. The Planning Commission shall have the authority to approve a subdivision with lot design and improvement standards at variance with the requirements referred to in this section when the facts and circumstances so warrant. By such approval the special design standards for the subdivisions shall prevail.

(1973 Code, § 9-3.1610) (Ord. 770, eff. 3-24-1982; Am. Ord. 93-15, eff. 12-22-1993)

158.226 Street Standards

1. All new development along streets illustrated in the Parkway Area exhibit (Resolution 06-26) shall be subject to the parkway requirements of this code.

2. All streets shall be constructed in accordance with the City of Auburn Standard Specifications as most recently promulgated by the Auburn Public Works Department. Deviations from the Standard Specifications may be approved by the City Engineer only upon a finding that a deviation, or its extent, is necessary due to site constraints such as topography, the protection of significant trees, existing structures, or soil conditions.

3. Incentives shall be made available to projects which include separated sidewalks (i.e., parkways). The approving authority may permit deviations to the city's development standards for developments which include parkway designs. Those incentives include, but may not necessarily be limited to, the following:

   1. Planned Unit Development (PUD) requirements. The developer may request that the city waive or reduce the PUD standards for minimum subdivision size and/or the provision of open space area.

   2. Tree mitigation requirements. The developer may request that the city reduce the tree mitigation requirements of Chapter 161.

   3. Building setback requirements. The developer may request reduced front, side, and/or rear building setbacks (i.e., on a foot-per-foot basis consistent with the sidewalk offset).

(1973 Code, § 9-3.1615) (Ord. 770, eff. 3-24-1982; Am. Ord. 06-3, eff. 4-26-2006)

158.227 Alignment Of Streets

1. The alignment of all streets shall conform to those designated on any plan adopted by the Council prior to the date of the filing of the tentative map with the Planning Director.

2. No new street entrance nor a direct extension of an existing street may be made within 150 feet of any existing street as measured between center lines.

(1973 Code, § 9-3.1620) (Ord. 770, eff. 3-24-1982; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

158.228 Parkway Maintenance

1. The structural design of the pavement shall be determined in accordance with the method of design described in the Planning Manual of the California Department of Transportation as currently amended.

2. All local streets and their cul-de-sacs shall have a minimum asphalt concrete surface thickness of 2 inches and a minimum aggregate base thickness of 6 inches.

(1973 Code, § 9-3.1630) (Ord. 770, eff. 3-24-1982)

158.229 Structural Design Of Pavement

1. The structural design of the pavement shall be determined in accordance with the method of design described in the Planning Manual of the California Department of Transportation as currently amended.

2. All local streets and their cul-de-sacs shall have a minimum asphalt concrete surface thickness of 2 inches and a minimum aggregate base thickness of 6 inches.

(1973 Code, § 9-3.1630) (Ord. 770, eff. 3-24-1982)

158.230 Trenching And Backfilling

Trenching, backfilling and pavement replacement shall conform to the standard trenching and backfilling specifications developed by the City Engineer.

(1973 Code, § 9-3.1635) (Ord. 770, eff. 3-24-1982)

158.231 Curbs And Gutters

Standard portland cement concrete curbs and gutters shall be constructed as required by the standard specifications.

(1973 Code, § 9-3.1640) (Ord. 770, eff. 3-24-1982)

158.232 Sidewalks

Sidewalks shall be constructed of portland cement concrete with an aggregate subbase as specified by the standard specifications.

(1973 Code, § 9-3.1645) (Ord. 770, eff. 3-24-1982)

158.233 Ramps For Handicapped Persons

Ramps for handicapped persons shall be provided at each street intersection as specified in the standard specifications.

(1973 Code, § 9-3.1650) (Ord. 770, eff. 3-24-1982)

158.234 Private Streets

Private streets, alleys or ways shall not be permitted unless approved by the Advisory Agency and/or the Council, and then only under conditions which guarantee the construction and continued maintenance thereof.

(1973 Code, § 9-3.1655) (Ord. 770, eff. 3-24-1982)

158.235 Effect Of Street Layout On Adjoining Property

The street layout shall be designed to provide for the future street design of property adjoining the subdivision.

(1973 Code, § 9-3.1660) (Ord. 770, eff. 3-24-1982)

158.236 Street Naming

This section establishes standards for the naming of streets and the location of required signage. As used in this chapter, "streets" includes roads, alleyways, and similar rights of way for public and private vehicle and pedestrian traffic.

1. Applicability . The provisions and standards of this chapter are applicable to:

   1. All public streets located within the Auburn City limits; and

   2. All public streets shown on parcel maps and subdivision maps approved for filing with the County Recorder's Office within the Auburn City limits.

2. Street name index . The Public Works Department shall maintain the street name index to identify all official street names for existing streets within the incorporated areas of the city.

3. Suggested street name list . A list of street names which are not currently in use, but are approved for new or existing unnamed streets, shall be compiled and approved by the City Council and maintained by the Public Works Department.

4. Street names required . Street names shall be required for:

   1. New streets . Any new public street shown on a parcel map or subdivision map shall be officially named concurrently with the approval of the final map.

   2. Existing streets . Prior to the issuance of a building permit to construct an unnamed public street, if a map is not applicable, street names for existing unnamed public streets shall be assigned pursuant to this chapter.

5. Street names .

1. All street names shall be selected from the suggested street name list.

2. Applicants may request alternative street names, not on the suggested street name list, subject to City Council approval as follows:

   1. Existing streets . An application shall be filed with the Public Works Department requesting alternate street names with justification for said request. The City Council shall consider the request and may approve, conditionally approve, or deny the alternative street name application.

   2. New streets . Alternate street names shown on a parcel map or subdivision may be considered by the City Council concurrently with approval of the final map requesting alternate street names with justification for said request. The City Council shall consider the request and may approve, conditionally approve, or deny the alternative street name application.

3. Proposed street names shall not duplicate, nor too closely approximate phonetically, the name of any street in the city or the adjacent area. When streets are continuations of existing streets, the existing names shall be used. Names shall be coordinated with the United States Post Office.

4. Street name conformance . With the exception of existing streets, all streets shall be known by the same name for the entire length of the street.

5. Right of city to rename . The City Council shall have the right to name or rename all city streets and private access or easements within the city.

(Ord. 13-08, eff. 10-9-2013)

158.237 Street Name Signs

The applicant shall erect a street name sign at each intersection. The location of the signs shall be as designated by the City Engineer.

(1973 Code, § 9-3.1670) (Ord. 770, eff. 3-24-1982; Am. Ord. 13-08, eff. 10-9-2013)

158.238 Traffic Signs

The subdivider shall install regulatory signs as required by the City Engineer.

(1973 Code, § 9-3.1675) (Ord. 770, eff. 3-24-1982)

158.239 Mailboxes

Mailboxes shall be located at such locations as required by the City Engineer and the United States Post Office.

(1973 Code, § 9-3.1680) (Ord. 770, eff. 3-24-1982)

158.240 Trees

Construction activities around trees shall comply with the provisions of the Tree Preservation Ordinance (Chapter 161).

(1973 Code, § 9-3.1685) (Ord. 770, eff. 3-24-1982)

158 Water Supply And Fire Protection (Sections 158.250-158.253)

158.250 Water Supply System

158.251 Fire Hydrants

158.252 Water Services

158.253 County Water Agency Canal System

158.250 Water Supply System

The water supply system shall be constructed in accordance with the standard specifications of the Placer County Water Agency. Water mains shall be not less than 6 inches in diameter when installed as part of an approved "looped system" or a minimum of 8 inches if installed as an approved "dead end line," unless otherwise specified by the City Engineer.

(1973 Code, § 9-3.1710) (Ord. 770, eff. 3-24-1982)

158.251 Fire Hydrants

Fire hydrants shall be installed of a type and at locations as shown on the plans as approved by the Fire Chief and the City Engineer.

(1973 Code, § 9-3.1715) (Ord. 770, eff. 3-24-1982)

158.252 Water Services

In any subdivision in which water mains and street improvements have been or are to be installed, the subdivider, before paving or otherwise completing the surface of the streets, shall install water service, excluding the water meter, to the back of the curb for each lot in the subdivision which is designed to receive water service from a water main in the street.

(1973 Code, § 9-3.1720) (Ord. 770, eff. 3-24-1982)

158.253 County Water Agency Canal System

The following procedure shall be used when a tentative map is prepared for a project which has Placer County Water Agency (P.C.W.A.) canals on it.

1. The tentative map shall display the locations of the canals and the existing and proposed easement widths.

2. The subdivider shall meet with the Placer County Water Agency and come to a written agreement with the Agency as to its requirements regarding the canals.

3. The agreement shall be submitted with the tentative map at the time of the initial filing.

4. In the event an agreement cannot be reached between the subdivider and P.C.W.A., those areas of disagreement shall be reduced to writing and submitted as set forth in division (B) above.

(1973 Code, § 9-3.1725) (Ord. 770, eff. 3-24-1982)

158 Sanitary Sewerage (Sections 158.265-158.267)

158.265 Provision Of Sanitary Sewers

158.266 Standards For The Design Of Septic Tanks And Leaching Fields 158.267 Street Sewer Mains And House Sewer Connections

158.265 Provision Of Sanitary Sewers

The subdivider shall make adequate provision for the disposal of all sanitary wastes which will originate within the proposed subdivision by connection to the sanitary sewer system of the city or any other public sewer system as approved by the City Engineer. If the subdivider, by the submission of a report by a registered civil engineer specializing in sanitary engineering, can establish to the satisfaction of the City Engineer that it is in the public interests, sewage collection and disposal may be accomplished through the use of septic tanks or a community sewage treatment plant constructed by the subdivider and operated by the city.

(1973 Code, § 9-3.1810) (Ord. 770, eff. 3-24-1982)

158.266 Standards For The Design Of Septic Tanks And Leaching Fields

When septic tanks and leaching fields are approved, the installations shall meet the minimum requirements specified by the Environmental Health Department of the County and the City Engineer.

(1973 Code, § 9-3.1815) (Ord. 770, eff. 3-24-1982)

158.267 Street Sewer Mains And House Sewer Connections

Street sewer mains and house sewer lines shall be constructed in accordance with the standard specifications and shall be designed to meet the following minimum standards.

1. Capacity . House sewer and connecting lines shall be designed to carry the flow from the contributing area assuming that each single family unit will contribute 400 gallons of sanitary waste each 24 hours and providing for a peak load of twice the average flow. No street sewer main shall be smaller than 8 inches in diameter.

2. Grades . A minimum grade of 0.005% shall be maintained for all sewers constructed in subdivisions, unless otherwise approved by the City Engineer.

3. Manholes . Manholes shall be provided at all changes in grade and at all changes in direction, but in no case shall be spaced further apart than 400 feet center to center, except in situations which justify or require variations from this requirement. Drop manholes shall be provided where the inlet is more than 2 feet above the invert of the manhole.

4. Materials for sewer mains and house sewers . Sewer mains and house sewers in industrial subdivisions shall be constructed of Class I asbestos cement sewer pipe or vitrified clay pipe, unless otherwise approved by the City Engineer.

5. House sewers . The subdivider, unless otherwise approved by the City Engineer, shall install a wye branch in the sewer main for each lot in the subdivision, and a 4-inch connection house sewer shall be constructed from the street main to the property line for each lot. House sewers shall be constructed of asbestos cement pipe or vitrified clay pipe. The location of all house sewers should be clearly marked by the letter "S" at least 3 inches in height, marked in the curb face. Cleanouts shall be constructed at the property line of all sewer laterals.

6. Computations . The City Engineer may require the submission of computations to indicate compliance with the standards set forth in this section.

7. Cost of connections to existing sewer mains . The cost of constructing sewer mains to connect the subdivision sewer mains to the existing city sewer mains shall be home by the subdivider.

8. Sewers along curves . Sanitary sewers may be installed on horizontal and vertical curves which conform to the curves of the street with the approval of the City Engineer. Manholes for such curves shall be installed at locations approved by the City Engineer.

(1973 Code, § 9-3.1820) (Ord. 770, eff. 3-24-1982)

158 Storm Drainage (Sections 158.280-158.286)

158.280 Provision Of Storm Drainage Facilities

158.281 Existing Watercourses

158.282 Existing Open Watercourses

158.283 Runoff Within Subdivisions

158.284 Storm Water Inlets

158.285 Drop Inlet Grates

158.286 Storm Drain Design

158.280 Provision Of Storm Drainage Facilities

The subdivider shall provide adequate facilities for carrying storm water originating above and within the subdivision through the subdivision to an adequate storm drainage facility approved by the City Engineer. The facilities shall be constructed in accordance with the standard specifications and meet the minimum standards set forth in this subchapter.

(1973 Code, § 9-3.1910) (Ord. 770, eff. 3-24-1982)

158.281 Existing Watercourses

All natural watercourses shall be carried through the subdivision over a dedication right-of-way. Where the design flow can be accommodated in an enclosed conduit 48 inches or less in diameter, the city may require that the flow be carried in a conduit. All other drainage facilities in and downstream from the tract shall be in an enclosed conduit or an adequate storm drainage facility approved by the City Engineer.

(1973 Code, § 9-3.1915) (Ord. 770, eff. 3-24-1982)

158.282 Existing Open Watercourses

1. Where natural watercourses are permitted to be open, the city may require that roadway access outside the watercourse be provided for the operation of heavy mechanical equipment for cleaning, unless the channel is lined, in which case access for workers shall be provided.

2. The grading plan for the proposed roadway access shall be presented with the tentative map.

(1973 Code, § 9-3.1920) (Ord. 770, eff. 3-24-1982)

158.283 Runoff Within Subdivisions

1. Surface runoff within the subdivision shall be conveyed wherever possible in the gutters.

2. Valley gutters shall be allowed only with the specific approval of the City Engineer.

(1973 Code, § 9-3.1925) (Ord. 770, eff. 3-24-1982)

158.284 Storm Water Inlets

Where surface runoff enters the underground conduits, the entrances shall be through storm water inlets constructed in accordance with the standard specifications.

(1973 Code, § 9-3.1930) (Ord. 770, eff. 3-24-1982)

158.285 Drop Inlet Grates

Drop inlet grates shall conform to standards for bicycle use in all paved areas.

(1973 Code, § 9-3.1935) (Ord. 770, eff. 3-24-1982)

158.286 Storm Drain Design

The storm drain system shall be designed in accordance with the uniform storm drain design standards developed by the City Engineer.

(1973 Code, § 9-3.1940) (Ord. 770, eff. 3-24-1982)

158 Lot Design (Sections 158.300-158.306)

158.300 Buildable Lots

158.301 Lot Sizes

158.302 Lot Lines

158.303 Public Facilities

158.304 Divided Lots

158.305 Large Lot Subdivisions

158.306 Block Lengths

158.300 Buildable Lots

All subdivisions should result in the creation of lots which are developable and capable of being built upon without variances. Subdivisions should not create lots which are impractical or impossible to improve because of the steepness of the terrain, location of watercourses or other natural physical conditions. All lots or parcels created by the subdivision of land shall have access to a public street or an approved private street.

(1973 Code, § 9-3.2110) (Ord. 770, eff. 3-24-1982)

158.301 Lot Sizes

Lots shall have such minimum sizes and dimensions as required by the zoning provisions. Greater lot sizes and dimensions may be required for lots abutting freeways, park-ways or major streets, corner lots, lots on approved private streets, lots adjacent to, abutting or fronting upon non-residentially zoned districts and lots abutting creeks or drainage ditches.

(1973 Code, § 9-3.2115) (Ord. 770, eff. 3-24-1982)

158.302 Lot Lines

The side lines of all lots shall generally be at right angles to the street which the lot faces, or radial, or approximately radial, if the street is curved.

(1973 Code, § 9-3.2120) (Ord. 770, eff. 3-24-1982)

158.303 Public Facilities

Due consideration shall be given to the providing of suitable areas for schools, churches, parks, playgrounds and other facilities to be acquired for public use or reserved for the common use of all property owners within the proposed subdivision by covenant in the deeds.

(1973 Code, § 9-3.2125) (Ord. 770, eff. 3-24-1982)

158.304 Divided Lots

No lot shall be divided by a city boundary line.

(1973 Code, § 9-3.2130) (Ord. 770, eff. 3-24-1982)

158.305 Large Lot Subdivisions

Where a parcel is first subdivided into small farms or acre tracts, the blocks shall be of a size and shape, and be so divided, as to provide for the opening of major and secondary streets and for the extension and opening of streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of smaller size.

(1973 Code, § 9-3.2135) (Ord. 770, eff. 3-24-1982)

158.306 Block Lengths

1. Blocks shall not exceed 1,200 feet in length between street lines in standard residential and industrial subdivisions.

2. Block lengths in hill area subdivisions may vary from the standard when approved by the City Engineer who shall give consideration to the following factors in granting the approval:

   1. The economic development of the land;

   2. The ability to supply utility services; and

   3. Traffic safety.

(1973 Code, § 9-3.2140) (Ord. 770, eff. 3-24-1982)

158 Solar Energy (Sections 158.320-158.322)

158.320 Natural Heating And Cooling Requirements Generally 158.321 Natural Heating Requirements 158.322 Natural Cooling Requirements

158.320 Natural Heating And Cooling Requirements Generally

All subdivisions requiring a tentative map shall provide for future passive or natural heating or cooling opportunities in the subdivision to the extent the same may be accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. The provisions of this subchapter shall not reduce densities or the percentage of lot coverage otherwise permitted by any building or structure and shall not apply to condominium projects of existing structures when no new structures are constructed.

(1973 Code, § 9-3.2210) (Ord. 770, eff. 3-24-1982)

158.321 Natural Heating Requirements

Passive or natural heating opportunities in subdivision design shall include, but not be limited to consideration of the following:

1. The design of the lot size and configuration to permit the orientation of a structure in an east-west alignment for southern exposure; 2. The local climate;

2. The contours;

3. The configuration of the parcel to be divided; and

4. Other design and improvement requirements.

(1973 Code, § 9-3.2215) (Ord. 770, eff. 3-24-1982)

158.322 Natural Cooling Requirements

Passive or natural cooling opportunities in subdivision design shall include, but not be limited to consideration of the following:

1. The design of the lot size and configuration to permit the orientation of a structure to take advantage of shade or prevailing wind currents; 2. The local climate;

2. The contours;

3. The configuration of the parcel to be divided; and

4. Other design and improvement requirements.

(1973 Code, § 9-3.2220) (Ord. 770, eff. 3-24-1982)

158 Park And Recreation Requirements (Sections 158.335-158.342)

158.335 Generally

• 158.336 Amount Of Dedication Of Land And/or Fees

158.337 Formula

• 158.338 Formula Adjustments

• 158.339 Reporting Requirements

• 158.340 Fee Payment

• 158.341 Exemptions And Special Provisions

• 158.342 Planned Unit Developments

158.335 Generally

As a condition to the approval of any land divisions or discretionary residential projects, a portion of the land therein shall be dedicated for park and/or recreation purposes, or a fee paid in lieu thereof, or a combination of both, subject to the provisions of this subchapter. The dedicated land and fees shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreation facilities to serve the project.

(1973 Code, § 9-3.2301) (Ord. 782, eff. 4-27-1983)

158.336 Amount Of Dedication Of Land And/or Fees

1. The amount of land to be dedicated or fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the project and shall be determined in accordance with the principles and standards for local parks and recreation areas as established in the general plan of the city. In accordance with the general plan, it is determined that the public interest, convenience, health, welfare and safety require 5 acres of land for each 1,000 persons residing in the city to be devoted to local park and recreation purposes.

2. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

UNIT . An independent dwelling either attached or detached.

(1973 Code, § 9-3.2302) (Ord. 782, eff. 4-27-1983; Am. Ord. 93-16, eff. 12-22-1993)

158.337 Formula

1. The formula for determining the land to be dedicated is based on the probable occupancy level of each type of proposed dwelling unit and shall be as follows:

2. In the event of mixed residential development, the number of units for each type of development permitted shall be used to determine the land required for the development.

3. When the payment of fees is required in lieu of land dedication or the fees are otherwise required by this subchapter, the amount to be paid shall be the sum of $655 per dwelling unit or a sum calculated pursuant to the following formula, whichever is the lesser amount:

A x V = M

1. A = the amount of land required for dedication.

2. V = the fair market value (per acre) of the property to be divided, as established by the County Assessor, based on the proposed land use and estimated sales price of each parcel.

3. M = the amount of dollars to be paid in lieu of the dedication of land.

(1973 Code, § 9-3.2303) (Ord. 782, eff. 4-27-1983; Am. Ord. 89-10, eff. 5-24-1989)

158.338 Formula Adjustments

The amount of land dedication or fees paid shall be modified from time to time on the basis of the approved or conditionally approved tentative or parcel map and anticipated household size as determined in the latest available Federal census. The dedication of land and/or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide 5 acres of real property per 1,000 persons anticipated to reside within the subdivision.

(1973 Code, § 9-3.2304) (Ord. 782, eff. 4-27-1983)

158.339 Reporting Requirements

The Auburn Area Recreation and Park District shall provide to the city a schedule specifying how, when and where the district will use the land and/or fees to develop park and recreation facilities to serve the future residents of the subdivision prior to the actual conveyance of the land and/or the payment of the fees pursuant to this subchapter. Any fees paid shall be committed for park and recreation purposes within the city by the district within 5 years after the payment thereof and, if not used land and/or the payment of the fees pursuant to this subchapter. All fees paid shall be committed for park and recreation purposes within the City Sphere of Influence, with a minimum of 50% being committed for such purposes within the city by the district within 5 years after the payment thereof and, if not used accordingly shall be forthwith repaid to the record owners of the subdivision on a lot size basis.

(1973 Code, § 9-3.2305) (Ord. 782, eff. 4-27-1983; Am. Ord. 90-14, eff. 1-9-1991)

158.340 Fee Payment

1. Fees as set forth in this subchapter, for all land divisions, including, but not limited to subdivisions and parcel splits, shall be collected prior to map recordation.

2. Fees as set forth in this subchapter, for all discretionary residential projects which do not involve land divisions, including, but not limited to apartments, shall be collected prior to building permit issuance.

(1973 Code, § 9-3.2306) (Ord. 782, eff. 4-27-1983; Am. Ord. 93-16, eff. 12-22-1993)

158.341 Exemptions And Special Provisions

1. Boundary line adjustments, commercial subdivisions, industrial subdivisions and condominium conversions in existing apartment buildings more than 5 years old when no new dwelling units are added shall be exempt from this subchapter.

2. Subdivisions of less than 50 lots shall only pay fees unless otherwise required to set aside land by the city.

3. If the subdivider provides park and recreational improvements to the dedicated land, the actual value of the improvements, together with the equipment thereon, shall be credited against the dedication of land or the payment of the fees required by this subchapter.

(1973 Code, § 9-3.2307) (Ord. 782, eff. 4-27-1983; Am. Ord. 93-16, eff. 12-22-1993)

158.342 Planned Unit Developments

Planned unit developments, real estate developments, and common interest developments defined in Cal. Business and Professions Code § 11003 and Cal. Civil Code § 1351(c) shall be eligible to receive a credit, as determined by the Council, against the dedication of land or the payment of the fees imposed pursuant to this subchapter for the actual value of private open space within the development which is actually developed and usable for active recreation uses.

(1973 Code, § 9-3.2308) (Ord. 782, eff. 4-27-1983)

158 Administration And Enforcement (Sections 158.355-158.999) 158.355 Building Permits

158.356 Certificates Of Occupancy

158.357 Variances; Procedure And Approval 158.999 Penalty

158.355 Building Permits

No building permit shall be issued by the Building Official for any building or improvement, other than the improvements required to be constructed as a condition of the approval of a tentative map or parcel map, until such time as all fire access and fire protection facilities and improvements required by any tentative subdivision map or parcel map have actually been installed by the developer and inspected and approved by the Fire Chief.

(1973 Code, § 9-3.2410) (Ord. 782, eff. 4-27-1983; Am. Ord. 88-3, eff. 5-11-1988)

158.356 Certificates Of Occupancy

No certificate of occupancy for any residential, commercial or industrial use shall be issued by the Building Official until such time as all improvements required by any tentative subdivision map or parcel map have actually been installed by the developer, inspected by the City Engineer, and approved by the Council.

(1973 Code, § 9-3.2415) (Ord. 782, eff. 4-27-1983; Am. Ord. 88-3, eff. 5-11-1988)

158.357 Variances; Procedure And Approval

1. 1. It is realized that there are certain parcels of land of a dimension, subject to a title restrictions, so affected by physical conditions and/or devoted to such use that it is impossible or impractical for the subdivider to conform fully to all of the provisions of this chapter when subdividing property.

   2. The Planning Commission may grant variances from the provisions of this chapter when all of the following conditions are found to apply:

2. Any variance granted shall be subject to conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity;

   2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity; and

   3. Under the circumstances of each particular case, the variance, rather than the sections of this chapter at issue, more adequately fulfills the spirit and intent of this chapter.

(1973 Code, § 9-3.2416) (Ord. 782, eff. 4-27-1983; Am. Ord. 93-15, eff. 12-22-1993)

2. 1. Upon the receipt of a request by a subdivider, the standards required by the provisions of this chapter may be varied by action legally taken by a quorum of the Planning Commission at a regular or regularly called special meeting.

   2. The Planning Commission may grant variations where, in their opinion, the variations will:

      1. Reduce the area of unsightliness of cut and fill banks or the danger of erosion thereon by planting and the maintenance of suitable grasses, shrubs and trees;

      2. Create better community environment through the dedication of useful public areas, the reservation of scenic easements and the creation of recreational facilities; and

      3. Require the construction of other improvements or require the use of other techniques which will produce a more desirable and livable community than that which could be produced by following the minimum requirements provided in this chapter.

(1973 Code, § 9-3.2417) (Ord. 782, eff. 4-27-1983; Am. Ord. 93-15, eff. 12-22-1993)

158.999 Penalty

Any subdivision contrary to the provisions of this chapter or any offer to sell or contract to sell, or any sale contrary to the provisions of this chapter shall be a misdemeanor, and any person, firm, corporation, partnership or copartnership, upon conviction thereof, shall be punishable as set forth in § 10.99; provided, however, the provisions of this section shall not be deemed to bar any legal, equitable or summary remedy to which the city or any other political subdivision or person, firm, corporation, partnership or copartnership may file a suit in the Superior Court of the county to restrain or enjoin any attempted or proposed subdivision or sale in violation of the provisions of this chapter.

(1973 Code, § 9-3.2418) (Ord. 770, eff. 3-24-1982)

159 ZONING

• 159 General Provisions (Sections 159.001 159.006)

• 159 Establishment Of Districts (Sections 159.015 159.019)

• 159 Uses Permitted (Sections 159.030 159.047)

• 159 Manufactured Homes And Mobile Home Park Developments (Sections 159.055 159.068) - 159 Planned Unit Developments (Sections 159.080 159.097) - 159 Design Review (Sections 159.110 159.125)

• 159 Airport Zoning (Sections 159.140 159.151)

• • 159 Off Street Parking And Loading (Sections 159.165 159.175) 159 Mobile Food Vendors (Section 159.180) - 159 Signs (Sections 159.185 159.198) - 159 Official Plan Lines (Sections 159.220 159.229) 159 Non-Conforming Uses And Buildings (Sections 159.240-159.246)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURE . The art of science of cultivating the ground, including the harvesting of crops and rearing and management of livestock; tillage; husbandry; farming; horticulture and forestry; and the science and art of the production of plants and animals useful to humans.

(1973 Code, § 9-4.103)

AIRPORT . A place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs or take in fuel.

(1973 Code, § 9-4.104)

ALLEY . A passage or way open to public travel, affording a secondary means of vehicular access to abutting lots and lot intended for general traffic circulation.

(1973 Code, § 9-4.105)

APARTMENT . A room, or suite of 2 or more rooms, which is designated for, intended for or occupied by 1 family doing its cooking therein.

(1973 Code, § 9-4.106)

AUTO COURT . A group of 2 or more buildings containing guest rooms or apartments, with automobile storage space serving the rooms or apartments provided in connection therewith, which group is designated and used primarily for the accommodation of transient automobile travelers. AUTO COURT shall also include motels.

(1973 Code, § 9-4.107)

AUTOMOBILE REPAIR .

1. MAJOR AUTOMOBILE REPAIR . All repair, servicing or maintenance work not described under "minor automobile repair," including, but not limited to general repair, rebuilding or reconditioning of:

   1. Non-passenger vehicles and trucks exceeding 1-1/2 tons capacity; and

   2. Body, frame or fender components, including collision service or painting. All minor repair activities are also included within this definition.

2. MINOR AUTOMOBILE REPAIR . General servicing, repair and maintenance of passenger cars, motorhomes and trucks not exceeding 1-1/2 tons capacity. Such servicing may include, but shall not be limited to:

   1. The repair, rebuilding or replacement of motors, transmissions, differentials, worn or defective parts and gaskets external to the basic engine block, such as intake and exhaust manifolds, carburetors and water pumps;

3. The repair and replacement of worn or defective brake parts, clutch parts, mufflers, exhaust system parts, wheel bearings, shock absorbers, tires, batteries, spark plugs and other accessible minor parts; and

4. Maintenance work such as the changing or supplementing of vehicle fluids and the adjustment of mechanical components while on the vehicle.

(1973 Code, § 9-4.107.5) (Ord. 90-6, eff. 5-16-1990)

AUTOMOBILE WRECKING YARD . See JUNK YARD .

(1973 Code, § 9-4.108)

BILLBOARD . Any structure the sole or primary purpose of which is the display of advertisements or notices larger than 32 square feet in area, not relating to the production or sale of goods or services on the premises within which the billboard is constructed.

(1973 Code, § 9-4.109) (Ord. 569, eff. - -)

BLOCK . The property abutting on 1 side of a street and lying between the 2 nearest intersecting or intercepting streets or nearest intersecting or intercepting streets and a railroad right-of-way, unsubdivided acreage, watercourse or body of water.

(1973 Code, § 9-4.110)

BOARDINGHOUSE . See ROOMING OR BOARDINGHOUSE .

(1973 Code, § 9-4.111)

BUILDING . Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent or trailer. The word BUILDING shall include the word STRUCTURE . Also see STRUCTURE .

(1973 Code, § 9-4.112)

1. ACCESSORY BUILDING .

1. A subordinate building, the use of which is consistent to that of a main building on the same building site and is not connected to the main building.

2. The building shall be separated from the main building by a distance of not less than ten feet.

3. The roof of an ACCESSORY BUILDING shall have no other use.

4. A REAR ACCESSORY BUILDING shall be limited to 1 story in height, shall have a maximum top of roof height of 15 feet measured from the grade at the highest grade level, shall not exceed 1,000 square feet, and shall not occupy more than 30% of the rear yard.

(1973 Code, § 9-4.113) Am. Ord. 739, eff. 1-17-1979; Am. Ord. 787, eff. 6-8-1983)

2. BUILDING HEIGHT . The vertical distance from the level of the highest point of that portion of the building site covered by the building to the topmost point of the building.

(1973 Code, § 9-4.114)

3. HISTORIC BUILDING . Any building within a Historic Design District.

(1973 Code, § 9-4.115) (Ord. 630, eff. - -; Am. Ord. 04-8, eff. 11-15-2004)

4. MAIN BUILDING . A building in which is conducted the principal use of the building site.

(1973 Code, § 9-4.116)

BUILDING SITE . A parcel of land occupied, or intended to be occupied, by uses and buildings permitted by this chapter, and which site includes such size, dimensions, open space and parking as are required in the district in which the site is located, and which site abuts a city street, state highway or a private road which road conforms to the standards approved by the Commission. The words BUILDING SITE shall include LOT and PLOT .

(1973 Code, § 9-4.118)

BUNGALOW COURT . A combination or group of 2 or more detached or semidetached dwellings or dwelling units and their accessory buildings occupying an integrally owned building site and used for non- transient living accommodations.

(1973 Code, § 9-4.119)

BUSINESS .

1. RETAIL BUSINESS . The retail sale of any article, substance or commodity for profit or livelihood conducted within a building, but RETAIL BUSINESS shall not include the sale of lumber or other structural building materials or the sale of used or secondhand goods.

(1973 Code, § 9-4.120)

2. WHOLESALE BUSINESS . The wholesale handling of any article, substance or commodity for profit or livelihood, including the handling of lumber or other building materials, and including the minor processing or manufacturing of any product or substance in connection therewith.

(1973 Code, § 9-4.121)

CARPORT . See GARAGE OR CARPORT .

(1973 Code, § 9-4.122)

CITY BOUNDARY . The boundary of the city.

(1973 Code, § 9-4.123)

CLUB . All clubs, except those the chief activity of which is a service customarily carried on as a business.

(1973 Code, § 9-4.124)

COMMISSION . The Planning Commission of the city.

(1973 Code, § 9-4.125)

COMMON OPEN SPACE . Parcels of land, an area of water or a combination of land and water within a site designated for a planned unit development and designated and intended for the use or enjoyment of residents of the planned unit development. COMMON OPEN SPACE may contain complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development. Also see OPEN SPACE .

(1973 Code, § 9-4.126) (Ord. 591, eff. - -)

CONFORMING USE . See USE, CONFORMING .

(1973 Code, § 9-4.127)

COURT . An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which court is bounded on 2 or more sides by the building or buildings.

(1973 Code, § 9-4.128)

COVERAGE, PERCENT . A ratio, expressed as a percentage, of the area of a lot covered by a building to the total area of the lot.

(1973 Code, § 9-4.129)

CROP AND TREE FARMING . The raising of any form of vegetation for profit.

(1973 Code, § 9-4.130)

DIRECTOR and PLANNING DIRECTOR . The Planning Director of the city or his or her designee.

(Ord. 09-02, eff. 4-8-2009, amended 25-05)

DUPLEX . See DWELLING, 2-FAMILY .

(1973 Code, § 9-4.131)

DWELLING GROUP . A group of 2 or more detached or semi-detached 1-family duplexes or multiple-family dwellings, occupying a parcel of land in 1 ownership and having any yard or court in common.

(1973 Code, § 9-4.132)

1. MULTIPLE-FAMILY DWELLING . A building, or portion thereof, used or designed as a residence for 3 or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including motels.

(1973 Code, § 9-4.133)

2. SINGLE-FAMILY DWELLING . A detached building designed for, or occupied exclusively by, 1 family, including the necessary servants of the family.

(1973 Code, § 9-4.134)

3. TWO-FAMILY DWELLING . A detached building designed for, or occupied exclusively by, 2 families living independently of each other.

(1973 Code, § 9-4.135)

DWELLING UNIT . A housing accommodation designed for, or occupied exclusively by, 1 family, including the necessary servants of the family.

(1973 Code, § 9-4.136)

EMERGENCY SHELTER . Shall have the same meaning as defined in Cal. Health and Safety Code § 50801, subd.(e).

FAMILY . One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.

(1973 Code, § 9-4.137)

FLAG LOT . A lot which does not front on a public street or easement, but has access to a public street or easement as provided in § 159.262.

(1973 Code, § 9-4.137.1) (Ord. 636, eff. - -)

GARAGE or CARPORT . An accessible and usable covered space of not less than 10 feet by 20 feet for the storage of automobiles, which garage shall be so located on the lot so as to meet the requirements of this chapter for an accessory building or, if attached to the main building, to meet the requirements of this chapter applicable to the main building.

(1973 Code, § 9-4.138)

1. PUBLIC GARAGE . Any premises, except those premises defined herein as a private or storage garage, used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

(1973 Code, § 9-4.139)

2. STORAGE GARAGE . Any premises, except those premises defined herein as a private garage, used exclusively for the storage of motor vehicles. (1973 Code, § 9-4.140)

GUEST HOUSE . Detached living quarters of a permanent type of construction, without kitchens or cooking facilities, clearly subordinate and incidental to the main building on the same building site.

(1973 Code, § 9-4.141)

HISTORIC BUILDING . Any building within a Historic Design Review District or any other building located outside a Historic District that has been designated a historic resource by the city.

HOME OCCUPATION . An occupation carried on by the occupants of a dwelling as an accessory use in connection with which there is no external display or no person employed.

(1973 Code, § 9-4.142)

HOTEL . Any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients as defined in § 33.186, including, but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, time share project or facility, dormitory, public or private club, mobile home or house trailer at a fixed location, recreation vehicle or other similar structure or portion thereof, including a bed and breakfast establishment, as defined herein.

(1973 Code, § 9-4.143)

INSTITUTIONAL USE . Shall include premises associated with, but not limited to, places of worship, hospitals, educational facilities, and community service organizations.

JUNK YARD . The use of more than 200 square feet of the area of any parcel, lot or contiguous lots for the storage of junk, including scrap metals or other scrap materials and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.

(1973 Code, § 9-4.144)

KEY LOT . The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and which fronts on the street which intersects or intercepts the street upon which the corner lot fronts.

(1973 Code, § 9-4.145)

LANDOWNER . The legal or beneficial owner of the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 20 years, or other person having an enforceable proprietary interest in the land shall be deemed to be a LANDOWNER for the purposes of this chapter.

(1973 Code, § 9-4.146) (Ord. 591, eff. - -)

LOT . See BUILDING SITE .

(1973 Code, § 9-4.147)

MANUFACTURED HOME . A structure, transportable in 1 or more sections, designed and equipped to contain 1 dwelling unit on a foundation system, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq .), pursuant to § 18551 of the Health and Safety Code. MANUFACTURED HOME does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, or any factory-built housing or trailer, as defined in the California Health and Safety Code.

(1973 Code, § 9-4.147.1) (Ord. 89-9, eff. 5-24-1989)

MINING . The action, process or industry of extracting ores or other valuable materials.

(1973 Code, § 9-4.148)

MOBILE HOME . A structure, transportable in 1 or more sections, designed and equipped to contain 1 dwelling unit to be used with or without a foundation system, and the mobile home is either certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401

et seq .) or the mobile home complies with all adopted safety criteria established for mobile homes constructed before the effective date of the 1974 Manufactured Housing Construction and Safety Standards Act. MOBILE HOME does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, or any factory-built housing or trailer as defined in the California Health and Safety Code.

(1973 Code, § 9-4.148.1) (Ord. 89-9, eff. 5-24-1989)

MOTEL . See AUTO COURT .

(1973 Code, § 9-4.149)

NON-CONFORMING BUILDING . A building or structure, or portion thereof, which does not conform to the regulations of this chapter for the district in which it is situated and which building or structure lawfully existed on February 7, 1967.

(1973 Code, § 9-4.150)

NON-CONFORMING USE . See USE, NON- CONFORMING .

(1973 Code, § 9-4.151)

OFFICE, PROFESSIONAL . An office for the conduct of any one of the following uses: accountant, advertising agency, architect, attorney, chiropractor, civil engineer, surveyor drafting, collection agency, dentist, insurance, physician, photographer, private detective, real estate, social worker or similar use.

(1973 Code, § 9-4.152) (Ord. 585, eff. - -)

OPEN SPACE .

1. Land subject to valid restrictions against housing developments, the maintenance of which in its natural state is necessary for the enhancement of living conditions in a planned unit development.

2. Also see COMMON OPEN SPACE .

(1973 Code, § 9-4.153) (Ord. 591, eff. - -)

PLAN . The provisions for the development of a planned unit development, including a plat of subdivision, all covenants relating to the use, location, and bulk of buildings and other structures, the intensity of use or the density of development, streets, ways and parking facilities. The phrase "provisions of the plan" shall mean the written and graphic materials referred to in this definition.

(1973 Code, § 9-4.154) (Ord. 591, eff. - -)

PLANNED UNIT DEVELOPMENT . An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the plan for which may not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations established for any 1 residential district created from time to time pursuant to the provisions of this chapter.

(1973 Code, § 9-4.155) (Ord. 591, eff. - -)

PLANNING COMMISSION . See COMMISSION .

(1973 Code, § 9-4.156)

RECONSTRUCTION . The building of a new structure, all or part of which replaces a previously existing structure, housing similar permitted uses on the same parcel of land.

(1973 Code, § 9-4.157) (Ord. 585, eff. - -)\

RESIDENTIAL CARE FACILITY - LARGE . A large residential care facility refers to any premises, place, or building that provides 24- hour non-medical services to 7 or more persons who are in need of personal services, supervision, or assistance. A large residential care facility is licensed by the State Department of Social Services and, according to the provisions of the California Health and Safety Code, shall be considered a residential use of property. Typical uses include, but are not limited to, facilities for alcoholism or drug abuse recovery, residential care for the elderly, mentally disordered or handicapped persons, dependent and neglected children, social rehabilitation, pediatric care, intermediate care for the development disabled, and congregate living health.

RESIDENTIAL CARE FACILITY - SMALL . A small residential care facility refers to any premises, place, or building that provides 24- hour non-medical services to 6 or fewer persons who are in need of personal services, supervision, or assistance. A small residential care facility is licensed by the State Department of Social Services and, according to the provisions of the California Health and Safety Code, shall be considered a residential use of property. Typical uses include, but are not limited to, facilities for alcoholism or drug abuse recovery, residential care for the elderly, mentally disordered or handicapped persons, dependent and neglected children, social rehabilitation, pediatric care, intermediate care for the development disabled, and congregate living health.

REST HOME . The rooming or boarding of any aged or convalescent persons, whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency.

(1973 Code, § 9-4.158)

ROAD . A right-of-way, easement or prescriptive right-of-way belonging to the city, a state highway, a private road or easement at least 50 feet in recorded width, or an easement of lesser width provided such easement was recorded in. the office of the County Recorder prior to March 5, 1967, and which is customarily used for automobile travel.

(1973 Code, § 9-4.159)

ROOMING OR BOARDINGHOUSE . A dwelling, other than a hotel, where lodging and/or meals for 5 or more persons are provided for compensation.

(1973 Code, § 9-4.160)

SETBACK .

1. FRONT SETBACK . The depth of an area along the entire front of any lot within which no building or structure may be permitted.

(1973 Code, § 9-4.161)

2. REAR SETBACK . The depth of an area along the entire rear of any lot within which no building or structure may be permitted, except as provided in this chapter.

(1973 Code, § 9-4.162)

3. SIDE SETBACK . The depth of an area along the entire side of any lot within which no building or structure may be permitted.

(1973 Code, § 9-4.163)

SIGN . Anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved or otherwise fastened, affixed or made visible for out-of-door advertising purposes, in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever.

(1973 Code, § 9-4.164)

1. APPURTENANT SIGN . A sign relating only to the goods sold or services rendered upon the building site on which such sign is erected or maintained.

(1973 Code, § 9-4.165)

2. DIRECTIONAL SIGN . Any sign indicating the location of facilities, goods or services offered to the public.

(1973 Code, § 9-4.166)

3. OUTDOOR ADVERTISING SIGN . Any sign other than an appurtenant sign.

(1973 Code, § 9-4.167)

STORY . The portion of a building included between the surface of any floor and the surface of the next floor above the floor or, if there is no floor above the floor, the space between the floor and the ceiling next above the floor.

(1973 Code, § 9-4.168)

STREET . See ROAD .

(1973 Code, § 9-4.169)

STREET LINE . The boundary between a street and abutting property.

(1973 Code, § 9-4.170)

STRUCTURAL ALTERATION . Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(1973 Code, § 9-4.171)

STRUCTURAL WALL . Any bearing wall of a building.

(1973 Code, § 9-4.172)

STRUCTURE . Anything constructed or erected, except fences under 6 feet in height, the use of which requires location on the ground or attachment to something having location on the ground, but not including any trailer or tent.

(1973 Code, § 9-4.173)

OUTDOOR ADVERTISING STRUCTURE . Any structure of any kind or character erected or maintained for outdoor advertising sign purposes.

(1973 Code, § 9-4.174)

SUPPORTIVE HOUSING . Shall have the same meaning as defined in Cal. Health and Safety Code § 50675.14 subd. (b).

TRANSITIONAL HOUSING . Shall have the same meaning as defined in Cal. Health and Safety Code § 50675.2 subd. (h).

USE. The purpose for which land or premises, or a building thereon, is designed, arranged or intended or for which land or premises is or may be occupied or maintained.

(1973 Code, § 9-4.175)

1. ACCESSORY USE . A use accessory to any permitted use and customarily a part of the use, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof.

(1973 Code, § 9-4.176)

2. CONFORMING USE . Any use that conforms with the nature of uses specifically permitted by the provisions of this chapter in the zoning district in which the use exists, including those uses classified as conforming by the terms of a use permit.(1973 Code, § 9-4.177)

3. NON-CONFORMING USE . Any use of any building or land, which use does not conform to the regulations as to use for the district in which it is situated and which lawfully existed on February 7, 1967.(1973 Code, § 9-4.178)

(Ord. 558, eff. - -; Am. Ord. 06-2, eff. 4-12-2006; Am. Ord. 13-07, eff. 5-22-2013; Am. Ord. 13-10, eff. 12-25-2013; Am. Ord. 15-1, eff. 2-11-2015)

159.002 Title

This chapter shall be known as, and may be cited as, the "Zoning Law of the City of Auburn." The provisions of this chapter shall apply to all the area within the corporate limits of the city.

(1973 Code, § 9-4.201) (Ord. 558, eff. - -)

159.003 Purpose

The provisions of this chapter are adopted primarily to implement the principles and standards of the Auburn Area General Plan and, more specifically, to protect the character and social and economic stability of the agricultural, residential, commercial, industrial and recreational areas of the city and to insure the orderly development thereof.

(1973 Code, § 9-4.202) (Ord. 558, eff. - -)

159.004 Authority

Pursuant to the provisions of Cal. Gov't Code Chapter 4, Title 7, the provisions of this chapter are hereby adopted to maintain and promote the public health, safety and general welfare and protect the peace, morals, comfort, convenience and security of the general public.

(1973 Code, § 9-4.203) (Ord. 558, eff. - -)

159.005 Planning Commission; Powers

The Commission shall have the following specific powers:

1. To interpret the provisions of this chapter in such a way as to carry out its intent and purpose as shown on the maps made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the maps;

2. To interpret the provisions of this chapter in such a way as to carry out their intent and purpose in defining the standards, definitions and permitted uses set forth in this chapter;

3. To adopt, from time to time, the rules and regulations as may be necessary to carry into effect the provisions of this chapter;

4. To act as a Board of Adjustment in the matter of appeals from decisions of the Building Inspector as they pertain to the provisions of this chapter; and

5. To hold hearings on and issue home occupation permits as set forth in this chapter.

(1973 Code, § 9-4.301) (Ord. 558, eff. - -)

159.006 Development Projects; Fee Or Charge For City's Costs

Notwithstanding any other provision of this code, an applicant for a project, undertaken for the purpose of development, shall pay a fee or charge to the City equal to the City’s costs for filing, accepting, reviewing, approving, processing, or issuing an application, permit, or entitlement for use related to that project. The City Manager or his or her designee may require a deposit from, and a reimbursement agreement with, the applicant for purposes of complying with this section.

HISTORY

Adopted by Ord. 21-01 on 1/11/2021 - 159 Establishment Of Districts (Sections 159.015 159.019) 159.015 Established - 159.016 Height, Lot Width, Lot Frontage, Yards, Area Per Unit, Lot Area, Lot Coverage And Off Street Parking 159.017 Zoning Map 159.018 Unclassified Land

159.019 Prohibited Uses

159.015 Established

The following zoning districts are hereby established:

1. Single-Family Residential District (R-1);

2. Two-Family Residential (Duplex) District (R-2);

3. Medium Density Multiple-Family Residential District (R-3);

4. High Density Multiple-Family Residential District (R-4);

5. Neighborhood Commercial District (C-1);

6. Central Business District (C-3);

7. Regional Commercial District (C-3);

8. Industrial Park District (M-1);

9. Industrial District (M-2);

10. Exclusive Agricultural District (A-1),

11. Agricultural Residential District (AR);

12. Special Public Service District (S);

13. Office Building District (OB);

14. Highway Service District (HS);

15. Airport Industrial Design Control District (Al-DC);

16. Open Space and Conservation District (OSC);

17. Auburn Dam Overlook Civic Design Control District (DC);

18. Auburn Historic District (DH);

19. Combining District (-5);

20. Combining District (-7);

21. Combining District (-8.5);

22. Combining District (-10);

23. Combining District (-15);

24. Combining District (-1A);

25. Combining District (-2A);

26. Combining District (-P);

27. Central Business-A District (C-2A); and

28. Regional Commercial - Emergency Shelter District (C-3-ES).

(1973 Code, § 9-4.401) (Ord. 558, eff. - -; Am. Ord. 569, eff. - -; Am. Ord. 591, eff. - -; Am. Ord. 630, eff. - -; Am. Ord. 639, eff. - -; Am. Ord. 655, eff. 9-261974; Am. Ord. 01-01, eff. 8-9-2001; Am. Ord. 13-10, eff. 12-25-2013)

• 159.016 Height, Lot Width, Lot Frontage, Yards, Area Per Unit, Lot Area, Lot Coverage And Off Street Parking

Subject to all the other provisions of this chapter, the regulations for the above listed, as set out in Appendix A to this chapter, shall apply in the districts established by § 159.015.

(1973 Code, § 9-4.402) (Ord. 558, eff. - -)

159.017 Zoning Map

1. The designations, locations and boundaries of the districts established by § 159.015 are delineated upon the zoning map of the city, which map and all notations and information thereon are hereby made a part of this chapter.

2. 1. The zoning map, for convenience, may be divided into section maps, and each such section map may be separately referred to or amended for the purposes of amending the zoning map.

   2. The zoning map and each of its section maps, and the notations, references and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by the maps were all fully described in this chapter.

3. 1. The zoning map of the city shall be kept on file and updated at the Planning Department of the city.

   2. A copy of the updated zoning map shall also be on file at the office of the City Clerk.

(1973 Code, § 9-4.403) (Ord. 92-4, eff. 5-13-1992)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.018 Unclassified Land

In any case where any land is not shown on the zoning map as within a zone, or whenever any land is annexed to, or consolidated with, the city, the land shall be deemed to be within the Single-Family Residential (R-1) District until otherwise zoned.

(1973 Code, § 9-4.404) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -)

159.019 Prohibited Uses

1. Definitions . For the purposes of this section, the words and phrases will have the same meanings respectively ascribed to them herein:

ACCESSORY BUILDING . The same meaning as found in § 159.001 of this code. It is the intent of this section to ensure that all accessory buildings comply with Chapter 159 of this code.

AUTHORIZED GROWER . A person with an identification card, primary caregiver, qualified patient, or a person who is authorized by federal or state law to cultivate marijuana for personal use in compliance with local, state, or federal laws authorizing such marijuana cultivation.

CANNABIS, MARIJUANA, MEDICAL CANNABIS and/or MEDICAL MARIJUANA . Includes the definition of CANNABIS as set forth in Cal. Business and Professions Code § 26100(f), and Cal. Health and Safety Code § 11018, as may be amended from time to time, and are used interchangeably and mean all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether for a medical purpose or a non-medical purpose, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. This includes the separated resin, whether crude or purified, obtained from marijuana. This section does not mean "industrial hemp" as defined by Cal. Food and Agricultural Code § 81000, as may be amended, or Cal. Health and Safety Code § 11018.5, as may be amended.

CULTIVATION or CULTIVATE . Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana plants.

DELIVERY or DELIVER . Any transfer of marijuana or marijuana products, whether for compensation or otherwise, and shall include the definition of DELIVERY as set forth in Cal. Business and Professions Code § 26100(h), as may be amended from time to time.

DISTRIBUTION . The procurement, sale, transfer, and/or transport of marijuana and/or marijuana products.

FULLY ENCLOSED AND SECURE STRUCTURE . A space within a parcel that complies with the Cal. Building Standards Code, as adopted in the city, or if exempt from the permit requirements of the Cal. Building Standards Code, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof; a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments; is secure against unauthorized entry; and is accessible through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily penetrated or breached, such as 2-inch by 4-inch nominal or thicker studs overlaid with inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical, and Fire Codes as adopted in the city.

at cannot be easily penetrated or breached, such as 2-inch by 4-inch nominal or thicker studs overlaid with inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical, and Fire Codes as adopted in the city.

IMMATURE MARIJUANA PLANT . A marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided, visual examination.

INDOOR and/or INDOORS . Within a fully enclosed and secure structure as that structure is defined in this section.

MARIJUANA DISPENSARY or DISPENSARY . A facility or location, whether permanent, temporary, or mobile, where marijuana, marijuana products, or devices for the use of marijuana are offered, either individually or in any combination, for sale, use, transportation, distribution, and/or delivery, whether for compensation or otherwise, by or to: (1) another dispensary or processing facility; or (2) two or more of the following: a primary caregiver, a qualified patient, a person with an identification card, or anyone authorized under state law to use marijuana.

MARIJUANA PRODUCTS . Has the same definition as in Cal. Health and Safety Code § 11018.1, as may be amended.

MATURE MARIJUANA PLANT . A marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

MEDICAL PURPOSE . Cultivation and/or use of marijuana by a primary caregiver, qualified patient, and/or person with an identification card for personal medical purposes, as provided by Cal. Health and Safety Code §§ 11362.7 et seq .

NON-MEDICAL PURPOSE . Cultivation and/or use of marijuana by a person other than a primary caregiver, qualified patient, and/or person with an identification card, who is otherwise authorized under local, state, or federal laws to cultivate marijuana, for personal nonmedical use.

OUTDOOR and/or OUTDOORS . Any location within the city that is not within a fully enclosed and secure structure.

PARCEL . Property assigned a separate parcel number by the Placer County assessor.

PERSON . Any individual, entity partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.

PERSON WITH AN IDENTIFICATION CARD . Has the same definition as Cal. Health and Safety Code §§ 11362.7 et seq ., as may be amended, and as may be amended by California Department of Public Health's "Medical Marijuana Program."

PRIMARY CAREGIVER . Has the same definition as in Cal. Health and Safety Code §§ 11362.7 et seq ., as may be amended.

PRIVATE RESIDENCE . A house, apartment unit, mobile home, or other similar dwelling unit.

PROCESSING FACILITY . Any facility or location, whether permanent, temporary, or mobile, that produces, prepares, propagates, processes, or compounds marijuana or marijuana products, directly or indirectly, by any method, for delivery, distribution, or sale, whether for compensation or otherwise. Processing facility does not mean any facility or location manufacturing "industrial hemp" as defined by Cal. Food and Agricultural Code § 81000, as may be amended, or Cal. Health and Safety Code § 11018.5, as may be amended.

PUBLIC PLACE . Any place or area open to the public, including but not limited to public streets, sidewalks, right-ofways, parks, public parking facilities, any public transit services, and/or property or programs owned or operated by the city.

QUALIFIED PATIENT . Has the same definition as in Cal. Health and Safety Code §§ 11362.7 et seq ., as may be amended.

TESTING LABORATORY. A facility, person, or location that offers or performs tests of marijuana or marijuana products.

2. Marijuana dispensaries, processing facilities, and testing laboratories prohibited . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises or location within any zoning district in the city, the operation of a marijuana dispensary, and/or processing facility, and/or testing laboratory. Nothing in this section prohibits those activities expressly authorized under Cal. Health and Safety Code § 11362.1.

3. Delivery of marijuana prohibited . Delivery of marijuana, marijuana products, or devices for the use of marijuana to or from any person, business, or location in the city is unlawful, a public nuisance, and a violation of this section. Notwithstanding the foregoing, a primary caregiver may personally deliver medical marijuana, marijuana products, or devices for the use of marijuana to a qualified patient or person with an identification card, for whom he or she is the primary caregiver. Nothing in this section prohibits those activities expressly authorized under Cal. Health and Safety Code § 11362.1.

4. Outdoor marijuana cultivation . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person owning, leasing, occupying, or having charge or possession of any parcel, property, and/or private residence, within any zoning district in the city to cause or allow such parcel, property, and/or private residence to be used for the outdoor cultivation of marijuana plants.

5. Cultivation of marijuana; regulations for residential zones . When authorized by state law, an authorized grower will be allowed to cultivate marijuana indoors only on a parcel with a private residence in a residential zone, subject to the following regulations:

   1. The private residence is the primary residence of the authorized grower.

6. The authorized grower does not exceed the maximum allowed cultivation of 6 marijuana plants per private residence or accessory building(s), regardless of whether they are mature marijuana plants or immature marijuana plants, and regardless of whether the cultivation is for a medical purpose or a non-medical purpose.

   3. Marijuana cultivation may not occur in both an accessory building and a private residence on the same parcel. Only 1 cultivation area is allowed per private residence.

   4. From a public right-of-way, there must be no exterior evidence of marijuana cultivation either within or outside the private residence or accessory building.

   5. The private residence must maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be primarily or exclusively used for marijuana cultivation.

   6. The marijuana cultivation area must not constitute a nuisance or adversely affect the health or safety of the occupants of other properties by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, and must not be maintained so as to constitute a hazard due to use or storage of materials, processes, products, or wastes.

7. Indoor cultivation of marijuana restricted to authorized growers . It is hereby declared to be unlawful, a public nuisance, and a violation of this section for any person owning, leasing, occupying, or having charge or possession of any parcel, property, and/or private residence, within the city to cause or allow such parcel, property, and/or private residence to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana, and such authorized grower is complying with all requirements of this section.

7. Cultivation permit required .

1. Prior to and while engaging in any indoor cultivation of marijuana pursuant to this section, an authorized grower must obtain and maintain in force a cultivation permit from the Public Safety Director or her or his designee, which cultivation permit will be granted upon the submission and verification of the information required in divisions (G)(1)(a) and (b). The following information will be required with the initial permit application and any subsequent permit extensions:

   1. The physical site address of where the marijuana will be cultivated; and

   2. The name and proof of age of each authorized grower who participates in the marijuana cultivation on any parcel, property, and/or private residence where marijuana will be cultivated.

2. Unless revoked pursuant to this section, the initial permit will be valid 1 year and may be extended thereafter in increments of 1 year in accordance with division (G)(1).

3. An application for a cultivation permit and a cultivation permit renewal as required by this section must be accompanied by an application fee, as established by resolution of the City Council.

4. Any cultivation permit issued pursuant to this section will be subject to suspension or revocation by the Public Safety Director or her or his designee within 10 days after notice thereof. The permittee will have the right to a hearing thereon before the City Council upon a written request within the 10 days after the receipt of the notice. If no timely request for hearing is submitted, the determination of the Public Safety Director becomes final, non-appealable, and not subject to judicial review due to a failure to exhaust administrative remedies.

5. Public nuisance prohibited . It is hereby declared to be a public nuisance and a violation of this section for any person to create a public nuisance in the course of cultivating and/or using marijuana or marijuana products in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:

   1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;

   2. Repeated responses to the parcel, property, and/or private residence, from law enforcement officers;

   3. A repeated disruption to the free passage of persons or vehicles in the immediate neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; or

6. Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area, including but not limited to smoking or ingesting marijuana or marijuana products in any public place, smoking marijuana or marijuana products in a location where smoking tobacco is prohibited, or any other prohibited activities outlined in Cal. Health and Safety Code § 11362.3, as may be amended from time to time.

9. Violations .

1. A violation of this section constitutes a violation of this code and is subject to revocation of a cultivation permit as provided by division (G)(4) and/or the penalties and enforcement options as provided in §§ 10.80 through 10.99 of this code.

2. The administrative fine for any violation of this section will be a fine of up to $1,000 per violation.

3. No conduct which is protected from criminal liability pursuant to state law, including but not limited to the Compassionate Use Act (Cal. Health and Safety Code § 11362.5) or the Medical Marijuana Program Act (Cal. Health and Safety Code §§ 11362.7 through 11362.83) will be made criminal by this code.

(Ord. 06-2, eff. 4-12-2006; Am. Ord. 11-04, eff. 4-27-2011; Am. Ord. 16-02-U, eff. 1-25-2016; Am. Ord. 18-02, passed 1- 22-2018)

• 159 Uses Permitted (Sections 159.030 159.047)

159.030 Single-Family Residential District (R-1) 159.031 Two-Family Residential (Duplex) District (R-2) 159.032 Medium Density Multiple-Family Residential District (R-3) 159.033 Neighborhood Commercial District (C-1) 159.034 Central Business District (C-2) 159.035 Regional Commercial District (C-3) 159.036 Industrial Park District (M-1) 159.037 Industrial District (M-2) 159.038 Exclusive Agricultural District (A-1) 159.039 Agricultural Residential District (AR) 159.040 Special Public Service District (S) 159.041 Office Building District (OB) 159.042 Highway Service District (HS) 159.043 Airport Industrial Design Control District (AI-DC) 159.044 Open Space And Conservation District (OSC) 159.045 Light Manufacturing District (M-L) 159.046 Central Business District-A (C-2A) 159.047 Regional Commercial - Emergency Shelter (C-3-ES)

159.030 Single-Family Residential District (R-1)

1. The following uses shall be permitted in the Single-Family Residential (R-1) District:

   1. One single-family detached dwelling unit occupied by a single family and appurtenant accessory buildings;

   2. Municipal or other public buildings, utilities and properties, including schools, parks, playgrounds and community centers owned and operated by a governmental agency, and excluding corporation yards and other uses generally classified as industrial in nature;

   3. Up to 6 non-related persons living as a non-profit group;

   4. Rest homes, foster and small family day-care homes, and outpatient nursing care homes or similar licensed facilities for up to 6 persons, including the adults and children constituting the family;

   5. Large family day-care homes as regulated by the provisions of §§ 159.390 et seq .;

   6. Residential care facility - small; and

   7. Permanent manufactured homes for single-family use in compliance with § 159.055; and

   8. Short term rentals as regulated by §§ 159.510 et seq .

2. The following uses shall be permitted in the Single-Family Residential (R-1) District subject to the approval of a use permit:

   1. Privately-owned schools, parks, golf courses, swimming and/or tennis clubs, and utilities, except as provided in §§ 159.260 et seq .;

   2. Churches and rest homes;

   3. One guest house;

   4. Home occupations customarily incidental to a residence;

   5. In areas not less than one acre in size, rooming and boardinghouses for not more than 15 persons, including the family; and

   6. Bed and breakfast establishments as regulated by §§ 159.540 et seq .

(1973 Code, § 9-4.501) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -; Am. Ord. 634, eff. - -; Am. Ord. 764, eff. 7-13-1981; Am. Ord. 87-3, eff. 5-26-1987; Am. Ord. 87-7, eff. 10-12-1987; Am. Ord. 87-11, eff. 1-13-1988; Am. Ord. 89-9, eff. 5-24-1989; Am. Ord. 13-07, eff. 5-22-2013; Am. Ord. 14-05, eff. 1-7-2015; Am. Ord. 15-1, eff. 2-11-2015)

159.031 Two-Family Residential (Duplex) District (R-2)

The following uses shall be permitted in the Two-Family Residential (Duplex)(R-2) District:

A. All uses permitted in the R-1 District; and B. Two-family (duplex) dwelling units as regulated by the provisions of § 159.016.

(1973 Code, § 9-4.502) (Ord. 558, eff. - -; Am. Ord. 15-1, eff. 2-11-2015)

HISTORY Amended by Ord. 20-01 on 2/10/2020 159.032 Medium Density Multiple-Family Residential District (R-3)

• A. The following uses shall be permitted in the Medium Density Multiple-Family Residential (R-3) District:

1. All uses permitted in the R-1 and R-2 Districts; 2. Multiple-family dwelling units as regulated by the provisions of § 159.016. 3. Rest homes and outpatient nursing care homes for up to 15 persons, including the children or adults constituting the family; 4. Supportive housing; and 5. Transitional housing.

• B. The following uses shall be permitted in the Medium Density Multiple-Family Residential (R-3) District subject to the approval of a use permit:

  1. Hospitals, medical and dental clinics and professional offices; 2. Rooming houses for up to 15 persons; 3. Nursery schools and child care centers; and 4. Residential care facility – large.

(1973 Code, § 9-4.503) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -; Am. Ord. 745, eff. 9-12-1979; Am. Ord. 87-3, eff. 5-26- 1987; Am. Ord. 87-7, eff. 10-12-1987; Am. Ord. 87-11, eff. 1-13-1988; Am. Ord. 00-5, eff. 12-27-2000; Am. Ord. 13-07, eff. 5-22-2013; Am. Ord. 13-10, eff. 12-25-2013; Am. Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 20-01 on 2/10/2020

159.033 Neighborhood Commercial District (C-1)

1. The following uses shall be permitted in the Neighborhood Commercial (C-1) District when conducted within a building or other applicable area: 1. Commercial:

   1. Amusement centers;

   2. Apparel shops;

   3. Art goods stores;

   4. Automobile parking lots; 5. Bakeries;

2. Bed and breakfast establishments as regulated by §§ 159.540 et seq .; 7. Book stores; 8. Camera shops; 9. Candy stores; 10. Delicatessens; 11. Drugstores; 12. Florist shops; 13. Fountains; 14. Furniture stores; 15. Gift shops; 16. Glass stores; 17. Hardware stores; 18. Hobby shops; 19. Ice cream shops; 20. Liquor stores, subject to the requirements of Chapter 163; 21. Music stores; 22. Newsstands and newspaper and related printing and publishing; 23. Paint and wallpaper stores; 24. Pet shops; 25. Radio and television sales stores; 26. Restaurants; 27. Smoke shops; 28. Toy stores; and 29. Variety stores. 2. Food: 1. Bakeries employing not more than 3 per sons full or part-time, excluding sales personnel;

3. Cafés, restaurants and catering shops;

4. Delicatessens and specialized food stores;

5. Grocery, meat, fish, poultry, fruit and vegetable stores; and

6. Health food stores.

7. Services:

   1. Answering services;

8. Banks;

9. Barber shops;

10. Beauty parlors;

11. Building materials stores (retail);

12. Business offices;

13. Commercial schools (secretarial, dance, business and the like) ;

14. Dance halls;

15. Laundromats; 10. Laundry and cleaning agencies; 11. Medical and dental offices;

    12. Pressing shops; 13. Photographers;

    13. Professional offices;

    14. Real estate and insurance offices;

    15. Repair shops for shoes, radios, television sets and domestic appliances;

    16. Tailor shops;

    17. Taxicab stands; and

16. Utility offices.

17. The following uses shall be permitted in the Neighborhood Commercial (C-1) District subject to the approval of a use permit:

    1. Apartments and rental housing;

    2. Bowling alleys;

    3. Drive-in dairy products;

    4. Drive-in restaurants;

    5. Gasoline service stations;

    6. Living quarters in connection with an established commercial use;

    7. Nurseries and greenhouses;

    8. Taverns;

    9. Theaters;

    10. Churches and/or church-related uses;

    11. Outdoor vending and/or temporary sales of any product for private profit not conducted within a building (excepting those uses noted in division (C) below); and

    12. Outdoor seating with 13 or more seats in association with an existing eating establishment.

18. The following uses shall be permitted in the Neighborhood Commercial (C-1) District subject to the approval of the appropriate special permit as set forth in §§ 159.475 et seq .

    1. Temporary outdoor sales in conjunction with special events may be authorized by the Planning Director without necessity of a use permit.

    2. Limited outdoor seating, up to a maximum of 12 seats, in association with an existing eating establishment.

(1973 Code, § 9-4.505) (Ord. 558, eff. - -; Am. Ord. 718, eff. 1-11-1978; Am. Ord. 781, eff. 4-13-1983; Am. Ord. 794, eff. 1-11-1984; Am. Ord. 803, eff. 11-7-1984; Am. Ord. 87-1, eff. 2-11-1987; Am. Ord. 87-3, eff. 5-26-1987; Am. Ord. 87-7, eff. 10-12-1987; Am. Ord. 87-11, eff. 1-13-1988; Am. Ord. 91-3, eff. 3-27-1991; Am. Ord. 92-16, eff. 8-26-1992; Am. Ord. 14- 05, eff. 1-7-2015; Am. Ord. 18-01, passed 1-22-2018)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 159.034 Central Business District (C-2)

1. The following uses shall be permitted in the Central Business (C-2) District: all uses permitted in the C-1 District.

2. The following uses shall be permitted in the Central Business (C-2) District when conducted within a building or other applicable area:

   1. Antique stores;

   2. Apartments and rental housing;

   3. Apparel shops;

   4. Appliance stores;

   5. Art goods stores;

   6. Automobile dealerships;

   7. Automobile parts and accessory stores;

   8. Automobile sales, services and lots;

   9. Automobile service agencies;

   10. Automobile upholstering shops;

   11. Bank and lending agencies;

   12. Barber shops;

3. Beauty shops;

4. Bike sales and repair shops;

5. Boat sales and repair shops;

6. Book stores;

7. Building materials stores (retail);

8. Bus terminals;

9. Camera and photographic supply stores;

10. Candy stores;

11. China and glassware shops;

12. Cigars and tobacco shops;

13. Communications equipment buildings;

14. Department stores;

15. Drapery shops;

16. Dressmaking stores;

17. Drugstores;

18. Employment agencies; 29. Florist shops; 30. Fountains; 31. Fur shops; 32. Furniture stores; 33. Garden supply stores; 34. Gift shops; 35. Hardware and homeware stores; 36. Hat shops; 37. Hobby and toy shops; 38. Hotels and motels; 39. Ice cream shops; 40. Import shops; 41. Interior decorating shops; 42. Jewelry shops; 43. Lamp shops; 44. Laundry and cleaning agencies; 45. Lingerie and hosiery stores; 46. Liquor stores, subject to the requirements of Chapter 163; 47. Living quarters in connection with an established use;

19. Luggage stores; 49. Millinery shops; 50. Music and records stores; 51. Offices, such as realtors, insurance, photographers, accountants, attorneys, advertisers, medical, dental and other professions; 52. Paint, glass and wallpaper sales stores;

20. Power tools stores;

21. Radio, television and retail electronic supplies stores; 55. Restaurants; 56. Rug stores; 57. Savings and loan associations; 58. Sewing shops; 59. Shoe stores; 60. Sporting goods stores;

22. Stationery and office supplies stores;

23. Tailor shops; 63. Taverns; 64. Theaters;

24. Tire sales, repair and exchange stores (not including recapping);

25. Title companies; 67. Toy stores;

26. Variety stores; and

27. Yardage and yarn shops.

28. Short term rentals as regulated by §§ 159.510 et seq

29. The following uses shall be permitted in the Central Business (C-2) District subject to the approval of a use permit:

    1. Automobile repair shops (not including spray painting or body work);

    2. Automobile service stations;

    3. Cleaning plants;

    4. Creameries;

    5. Electrical repair shops;

    6. Laundries;

    7. Motorcycle sales shops;

    8. Plumbing shops;

    9. Printing shops;

    10. Sheet metal shops and tire recapping with tire sales;

    11. Animal hospitals and clinics; and

    12. Residential care facility - large.

(1973 Code, § 9-4.506) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -; Am. Ord. 632, eff. - -; Am. Ord. 87.1, eff. 2-11-1987; Am. Ord. 87-3, eff. 5-26-1987; Am. Ord. 87-7, eff. 10-12-1987; Am. Ord. 87-11, eff. 1-13-1988; Am. Ord. 06-2, eff. 4-12-2006; Am. Ord. 13-07, eff. 5-22-2013; Am. Ord. 18-01, passed 1-22-2018)

HISTORY

Amended by Ord. 25-04 on 8/11/2025 159.035 Regional Commercial District (C-3)

The following uses shall be permitted in the Regional Commercial (C-3) District: all uses permitted in the C-1 and C-2 Districts.

(1973 Code, § 9-4.507) (Ord. 558, eff. - -)

159.036 Industrial Park District (M-1)

The following industrial uses shall be permitted in the Industrial Park (M-1) District:

1. Animal hospitals and kennels;

2. Automobile repair and painting shops; 3. Automobile service stations;

3. Bottling works;

4. Building materials yards;

5. Cabinet shops;

6. Clothing manufacturing;

7. Contractors yards and storage;

8. Corporation yards;

9. Design shops;

10. Electrical distribution substations;

11. Electronic assembly stores;

12. Finished paper products;

13. Furniture manufacturing; 15. Greenhouses;

14. Instrument manufacturing;

15. Laundry and dry cleaning plants;

16. Machine shops; 19. Novelty manufacturing; 20. Nurseries; 21. Photographic processing shops; 22. Precision machine shops; 23. Printing and bookbinding shops; 24. Professional offices; 25. Research laboratories;

17. Rugs, draperies, and other woven fabrics manufacturing;

18. Sheet metal shops;

19. Tire recapping and sales; 29. Toy manufacturing;

20. Warehouses; and

21. All uses permitted in the commercial districts subject to the approval of a use permit.

(1973 Code, § 9-4.508) (Ord. 558, eff. --; Am. Ord. 632, eff. -- ; Am. Ord. 743, eff. 7-25-1979; Am. Ord. 06-2, eff. 4-12- 2006)

159.037 Industrial District (M-2)

1. The following industrial uses shall be permitted in the Industrial (M-2) District:

   1. All industrial uses permitted in the M-1 District;

   2. Aggregate storage;

   3. Agricultural spray yards;

   4. Automobile parts (wholesale);

   5. Bulk petroleum storage;

   6. Dry mix and ready concrete mix plants;

   7. Feed and fuel (wholesale);

   8. Food processing;

   9. Planing mills;

   10. Sawmills;

   11. Truck terminals, repairs and parts;

   12. Welding shops; and

   13. Wholesale lumber sales and storage.

2. The following industrial uses shall be permitted in the Industrial (M-2) District subject to the approval of a use permit: 1. Bitumen paving plants;

   2. Junk yards and wrecking yards;

   3. Petroleum products manufacturing;

   4. Public dumps (cover and/or fill);

   5. Slaughterhouses; 6. Smelting; and

   6. All uses permitted in the commercial districts subject to the approval of a use permit.

(1973 Code, § 9-4.509) (Ord. 558, eff. --; Am. Ord. 743, eff. 7-25-1979; Am. Ord. 06-2, eff. 7-26-2006)

159.038 Exclusive Agricultural District (A-1)

1. The following uses shall be permitted in the Exclusive Agricultural (A-1) District:

   1. All uses permitted in the R-1 District;

   2. Agriculture, including animal husbandry and livestock farming;

   3. Apiaries;

   4. Aviaries;

   5. Crop and tree farming;

   6. Electrical distribution substations; and

   7. Stables.

2. The following uses shall be permitted in the Exclusive Agricultural (A-1) District subject to the approval of a use permit:

   1. Feed and animal sales yards;

   2. Fertilizer plants;

   3. Industrial plants which process agricultural products; and

   4. Kennels.

(1973 Code, § 9-4.510) (Ord. 558, eff. - -)

159.039 Agricultural Residential District (AR)

The following uses shall be permitted in the Agricultural Residential (AR) District: all uses permitted in the A-1 District.

(1973 Code, § 9-4.511) (Ord. 558, eff. - -)

159.040 Special Public Service District (S)

The following uses shall be permitted in the Special Public Service (S) District:

1. All uses permitted in the A-1 District;

2. Commercial airports and heliports;

3. Country clubs;

4. Driving ranges;

5. Golf courses;

6. Hospitals;

7. Public uses and buildings; and

8. Rodeo facilities.

(1973 Code, § 9-4.512) (Ord. 558, eff. - -)

159.041 Office Building District (OB)

The following uses shall be permitted in the Office Building (OB) District:

1. Business and professional offices;

2. Beauty salons, except when abutting any residentially zoned property approval of a use permit shall be required;

3. Bed and breakfast establishments as regulated by §§ 159.540 et seq .;

4. The following uses shall be permitted in the Office Building (OB) District subject to approval of a use permit:

   1. Animal hospitals and clinics (excepting those locations in the "OB/R-3" Combining District);

   2. Living quarters in connection with an established office use.

(1973 Code, § 9-4.513) (Ord. 558, eff. - -; Am. Ord. 569, eff. - -; Am. Ord. 87-1, eff. 2-11-1987; Am. Ord. 89-7, eff. 4-26- 1989; Am. Ord. 95-6, eff. 7-26-1996; Am. Ord. 14-05, eff. 1-7-2015)

159.042 Highway Service District (HS)

The following uses shall be permitted in the Highway Service (HS) District by use permit:

1. Hotels;

2. Motels;

3. Service stations;

4. Restaurants;

5. Retail stores;

6. Car washes;

7. Laundromats;

8. Nurseries;

9. Public buildings;

10. Drive-ins; and

11. Office buildings.

(1973 Code, § 9-4.514) (Ord. 655, eff. 9-26-1974)

159.043 Airport Industrial Design Control District (AI-DC)

The following uses shall be permitted in the Airport Industrial Design Control (Al-DC) District, subject to compliance with the applicable standards of the adopted Airport Land Use Compatibility Plan (ALUCP): 1. Airport facilities; 2. Aircraft-related enterprises; 3. Recreation-oriented facilities located within a building; and 4. Permitted light industrial uses as outlined in Section 159.045(B). 5. Recreation-oriented facilities located outside of a building.

(1973 Code, § 9-4.515) (Ord. 655, eff. 9-26-1974)

HISTORY

Amended by Ord. 23-01 on 6/12/2023

159.044 Open Space And Conservation District (OSC)

1. Application . The Open Space and Conservation (OSC) District classification shall be applied to properties which should be generally maintained in an open or undeveloped state or be developed for permanent open uses, such as parks or greenbelts. The preservation of open space and conservation land is necessary to assure its continued availability for agricultural purposes, for the enjoyment of scenic beauty or recreation, for the protection of the ecology and environment, for the containment of urban sprawl and the structuring of urban development and for its retention in its natural or near natural state to protect the community against hazards resulting from its disturbance by man or nature.

2. Unnecessary conversions . It is in the public interest to avoid the unnecessary conversion of open space and conservation land to strictly urban uses, thereby protecting the land against the resultant adverse impacts, such as air, noise and water pollution, destruction of scenic beauty, the disturbance of the ecology and environment, hazards related to geology, fire and flood and other demonstrated consequences of urban sprawl.

3. Purpose . The purpose and intent of the Open Space and Conservation (OSC) District are as follows:

   1. To protect the public health, safety and welfare;

   2. To protect and preserve open space land as a limited and valuable resource;

4. To permit the reasonable use of open space land while at the same time preserving and protecting its inherent open space characteristics to assure its continued availability as agricultural land, scenic land, recreation land, or conservation or natural resources land; for the containment of urban sprawl and the structuring of urban development; and for the retention of land in its natural or near natural state to protect life and property in the community from the hazards of fire, flood and seismic activity; and

   4. To coordinate with and carry out federal, state, regional, county and city open space plans.

5. Definitions . For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSERVATION OR NATURAL RESOURCES LAND . Land which possesses or encompasses conservation or natural resources.

CONSERVATION OR NATURAL RESOURCES . Streams, watersheds, ground water recharge, soils, wildlife habitat, special land forms, natural vegetation, lakes, and air, not inclusively.

OPEN SPACE LAND . Any parcel or area of land essentially unimproved or in its natural state, devoted to an open space use, and designated in the open space element for an open space use.

OPEN SPACE AND CONSERVATION DISTRICT . Any area of land or water designated OSC and subject to the provisions of this chapter.

OPEN SPACE CONSERVATION USE . The use of land for:

1. Public recreation and education;

2. The enjoyment of scenic beauty;

3. The conservation or use of natural resources;

4. The production of food or fiber;

5. The protection of human and his or her artifacts (buildings, property, and the like); and

6. The containment and structuring of urban development.

RECREATION LAND . Any area of land or water susceptible to recreational uses.

SCENIC LAND . Any area of land or water which possesses scenic qualities worthy of preservation.

WILDLIFE HABITAT . Any area of land or water valuable or necessary to the preservation or enhancement of wildlife resources.

5. Uses permitted .

1. The following uses shall be permitted in the Open Space and Conservation (OSC) District:

   1. Agricultural uses as follows:

      1. Animal husbandry;

      2. Crops;

      3. Dairying;

      4. Horticulture, including nurseries;

      5. Livestock farming;

      6. Tree farming; and

      7. Viticulture and similar uses not inconsistent with the intent and purpose of this section, but excluding hog farming;

   2. Botanical conservatories, outdoor nature laboratories and similar activities;

   3. Native wildlife sanctuaries;

   4. Cemeteries;

   5. Educational uses and public buildings;

   6. Parks and agricultural district grounds;

   7. Airports and heliports; and

      8. Public utility distribution and transmission lines provided the routes of proposed electric transmission lines are first submitted to the Commission for recommendation prior to the acquisition of location or rights-of-way therefor and any other construction thereon and that the recommendation is favorable.

2. There shall be no multi-uses of canals and adjacent banks of canal systems.

3. Uses permitted with use permits .

   1. A use permit shall first be obtained for the following new uses or for the enlargement of existing similar uses when the applicant can establish adequate justification that the proposed use will be consistent and compatible with the intent and purpose of this section:

      1. Communication and utility buildings and substations and transportation rights-of- way;

      2. Charitable, research and philanthropic institutions;

      3. Guest ranches;

      4. Recreational uses, including riding academies, clubs, stables, country clubs, golf courses and the Auburn Dam Overlook Area;

      5. Unique privately-owned facilities and historic sites and marinas; and

      6. Airport structures.

   2. All such uses permitted for which a use permit is required shall be subject to approval for any development, construction or improvement.

4. Landscaping .

   1. The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use allowed through the site and design approval procedure.

   2. Landscaping as may be necessary and required shall be consistent with the purpose of this section.

5. Access to remote areas . Roads, tracks, driveways, trails or runways for automobiles, trucks, buses, horses, motorcycles or other wheeled vehicles shall not be developed except upon the securing of site and design approval. No such approval shall be granted, except upon a finding that the purpose for which the roads, tracks, driveways, trails or runways are proposed is essential for the establishment or maintenance of a use which is expressly permitted in this section and that design and location of the proposed roads, tracks, driveways, trails or runways will be compatible with the terrain.

6. Hardships . In the event a private owner, public or quasi-public agency, political subdivision or district allegedly incurs a hardship due to the fact that the OSC classification unreasonably hinders the development or further development of a parcel, such owner, agency or district may appeal a decision of the Planning Commission to the City Council pursuant to Chapter 162 of this Municipal Code. On appeal, the City Council shall determine whether the benefit to the public welfare, as set forth in this section, is overbalanced by the hardship to be suffered by the appellant and may apply the requirements of this section and condition the issuance of any building, use, occupancy or other permit so that the City Council may find that the hardship on the applicant is reduced so as to be commensurate with the benefit to the public welfare. If the City Council finds that the hardship to the appellant is too great to be justified by the benefit to the public welfare, the City Council shall allow the proposed use or change upon such conditions as will best protect the public welfare and accomplish the purposes of in this section to the maximum extent possible.

is reduced so as to be commensurate with the benefit to the public welfare. If the City Council finds that the hardship to the appellant is too great to be justified by the benefit to the public welfare, the City Council shall allow the proposed use or change upon such conditions as will best protect the public welfare and accomplish the purposes of in this section to the maximum extent possible.

10. Excess public lands . In the event a public or quasi-public agency or district declares land to be excess and to be converted to a new use, such land shall be removed from the OSC classification and zoned to a use compatible with the surrounding area as determined by the Council after submission to the Commission and a report thereon by the Commission.

(1973 Code, § 9-4.516) (Ord. 639, eff. - -; Am. Ord. 09-02, eff. 4-8-2009)

159.045 Light Manufacturing District (M-L)

1. To provide suitable areas in the city for a variety of low-intensity industrial uses involving manufacturing, processing, assembly and distribution activities. This district also provides for a limited range of professional, business and administrative offices, commercial uses, and other activities which are accessory to permitted industrial uses. This district is consistent with the Industrial (I) general plan designation.

2. The following uses shall be permitted in the Light Manufacturing (M-L) District, subject to applicable standards of the adopted Airport Land Use Compatibility Plan (ALUCP):

   1. If conducted within an enclosed building:

      1. Animals hospitals and veterinary offices with overnight kenneling limited to hospitalization purposes only;

      2. Building and related materials sales, which may include outdoor customer sales yards or outdoor customer sales display if they comply with the site development standards of division (D)(1) below;

      3. Data processing or computer services, including repair of computer equipment;

      4. Light manufacturing operations which may involve the manufacture, assembly, processing, packaging or similar industrial operation involving previously prepared materials and comply with the performance standards of division (D)(4) below;

      5. Machine, sheet metal and woodworking shops or similar facilities that involve the manufacturing or fabrication of finished products from previously prepared or processed raw materials and resources (excluding painting, staining or similar refinish work);

      6. Manufacture of rugs, draperies and other woven fabrics that do not include processing of raw materials or any industrial cleaning and/or dyeing processes and subject to the performance standards of division (D)(4) below;

      7. Printing, bookbinding, engraving, lithographing, blueprinting, drafting and publishing shops;

      8. Professional, business research or administrative offices;

      9. Rental, minor repair and sales of light mechanical equipment and supplies (excluding paint booths or painting activities);

      10. Small recycling collection facilities that do involve any reprocessing or alteration to the collected recyclable materials;

3. Research and development laboratories;

   12. Trade schools;

   13. Wholesale business and sales, warehouses, mini and other storage buildings and distribution facilities, except those storing or distributing highly flammable or explosive materials;

4. Agricultural uses, except when located within the Airport Influence Area;

5. Caretakers or night watchperson's quarters accessory to an industrial building or site;

6. Contractors yards including the outdoor storage of vehicles, equipment and materials when accessory to a permitted use and meets the outdoor screening standards of division (D)(1) below;

7. Electrical distribution facilities and substations;

8. General wholesale businesses, storage, distribution and warehousing uses, including towing operations, which involve warehousing and storage of materials, equipment and vehicles in an enclosed building as well as exterior locations, if all exterior storage meets the outdoor screening standards of division (D)(1) below (excludes those involving highly flammable or toxic materials);

9. Uses accessory to a permitted industrial use and contained within the same plant site, such as cafeteria, exercise facility and the like; (This does not include uses open to the general public.)

10. Wholesale nurseries and greenhouses; and

11. Other light industrial uses as determined by the Planning Commission to be of the same general character as other permitted uses in this district.

12. The following uses shall be permitted in the Light Manufacturing (M-L) District subject to approval of a use permit and compliance with the adopted Airport Land Use Compatibility Plan (ALUCP) when located within the Airport Influence Area.

    1. Building and related materials sales facilities which include large outdoor sales and storage yards which do not meet the screening standards of division (D)(1) of this section;

    2. Large recycling collection facilities and recycling processing facilities, excluding wrecking yards, metal salvage or storage yards and wet paper recycling activities;

    3. Machine, sheet metal, welding and woodworking shops or similar fight industrial facilities that involve the manufacturing or fabrication of finished products that may include the preparation and/or processing of raw materials and resources;

    4. Major repair of automobiles and trucks including heavy service work and auto body/painting work;

    5. Minor repair of automobiles and light trucks including the sales and installation of specialized automobile and truck parts such as tires, mechanical components, batteries and accessories;

    6. Outdoor storage of equipment, surplus materials and all types of vehicles, wherein the outdoor storage does not meet the outdoor screening standards of division (D)(1) below;

    7. Public and quasi-public uses appropriate in the district;

    8. Sales, repair and rental of heavy equipment, heavy machinery, truck tractors, trailers, which include outdoor storage;

    9. Tire recapping fabrication;

13. Wholesale business and sales, including warehouses, that include the on-site storage and/or distribution of highly flammable or explosive material;

14. Retail service or commercial establishments and businesses that are appropriate to the light industrial district;

15. Other light industrial uses as determined by the Planning Commission to be appropriate in this district subject to authorization of a conditional use permit.

16. Agricultural uses within the Airport Influence Area.

17. The development standards contained in § 159.016 regarding minimum building sites area, lot dimensions, height limits, minimum yards, maximum lot coverage and parking shall apply to all industrial development unless otherwise provided for herein or as may be required by the Planning Commission as a condition of a use permit.

    1. Outdoor storage . Outdoor storage in conjunction with a permitted use is allowed, provided:

       1. Storage is located in the rear yard and side yards of the lot behind the front yard setback line;

       2. Storage is enclosed and screened by a wall, fence, (including screened gates) or solid, vegetative screening not less than 6 feet in height, unless the storage area abuts a developed residential property or developed residential-zoned property, in which case the screening shall meet the development standards contained in division (D)(5)(c) below; and

       3. No material shall be stored to a height greater than that of the wall, fence or solid shrubbery enclosing the storage area.

    2. Outdoor trash enclosures . All outdoor trash storage containers and collection facilities shall be enclosed by a solid masonry wall or solid view obscuring fence and gate (chain link gate with slats is acceptable). Wall and gate shall be at least one foot higher than the trash container. All trash and refuse shall only be stored within the approved enclosure area.

    3. Architectural control and landscape treatment .

       1. All new industrial buildings will be subject to the design review requirements of §§ 159.110-159.125.

       2. All new industrial buildings will be subject to the landscaping development requirements of § 153.02 and landscaping of parking and loading areas pursuant to § 153.06.

       3. Where application is made for any permit to modify or enlarge an existing building located on a lot in an M-L District pursuant to the design review requirements of §§ 159.110-159.125 including buildings on those lots partially developed prior to enactment of this section of this subchapter, the permit shall be accompanied by landscape and architectural plans showing the existing and proposed building and/or expansion in order that the plan include appropriate architectural and landscape treatment for the site, with particular attention to the views from public rights-of-way.

including buildings on those lots partially developed prior to enactment of this section of this subchapter, the permit shall be accompanied by landscape and architectural plans showing the existing and proposed building and/or expansion in order that the plan include appropriate architectural and landscape treatment for the site, with particular attention to the views from public rights-of-way.

4. Use performance standards . All light manufacturing activities shall meet the following performance standards: noise, atmospheric emissions, vibrations, radiation, fire and explosive hazards or liquid and solid wastes (including any toxic wastes) shall conform to all applicable city, county, state and federal standards.

5. Interface development standards . Any new building, or an addition or expansion to an existing building pursuant to the requirements of Design Review, that is constructed on a parcel in the Light Manufacturing (M-L) District that is abutting or adjacent to a developed residential parcel or residential-zoned property, shall be designed in a manner to lessen potential nuisances such as noise, light, vibrations, odors and safety risks to adjoining residential uses from the industrial activity. The new buildings or additions shall comply with the following minimum interface development standards:

   1. Rear and side yard setbacks . Any rear and side yard building setbacks abutting a developed residential property or residential-zoned property shall be a minimum of 15 feet and shall be adequately fenced.

   2. Use of side and rear buffer yards .

      1. The rear and side yards required herein are intended to provide an increased separation between the industrial and abutting residential land uses.

      2. Outside storage of materials, vehicles or other supplies is permitted within these abutting rear and side buffer yards if adequately screened per D5c.

   3. Buffer yard screening .

6. Within the required rear and side buffer yards abutting a developed residential property or residential-zoned property, screening shall be provided to increase the separation between these abutting land uses.

7. However, in those instances where property in the M-L District is adjacent to undeveloped property zoned for residential use, the requirement for screening shall be the responsibility of the developer of the property zoned for residential use, upon development of that property. This screening shall be either:

8. Landscaping to consist of plantings of evergreen trees and shrubs which shall be continually maintained in a healthy, growing and sightly condition; or

9. A solid wall, fence or planted berm 6 feet in height constructed along that portion of the property line abutting the developed residential property or residential-zoned property, except for the 20 feet nearest the front lot line, where the wall, fence or berm shall be only 3 feet high.

10. Building standards . Openings within the building walls along those yards abutting a developed residential property or residential-zoned property will be limited to man-doors only, with no roll up doors or other large openings into the building.

11. Lighting .

    1. Any on-site lighting within the setback buffer area abutting the developed residential property or residential-zoned property shall be designed and installed in a manner that minimizes off- site glare onto adjoining properties and public streets.

    2. The standards contained in this section may be waived by the Planning Commission following a public hearing to include notification to adjoining properties and in which case will be specific to that individual use of the land or particular building application as may be applicable, and so noted by the Commission.

(1973 Code, § 9-4.517) (Ord. 90-6, eff. 5-16-1990; Am. Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 23-01 on 6/12/2023

159.046 Central Business District-A (C-2A)

1. The following uses shall be permitted in the Central Business-A (C-2A) District: all uses permitted in the C-I and C- 2 Districts.

2. The following uses shall be permitted in the Central Business-A (C-2A) District when conducted within a building or other applicable area: all those uses set forth in § 159.034.

(1973 Code, § 9-4.518) (Ord. 01-02, eff. 8-8-2001)

159.047 Regional Commercial - Emergency Shelter (C-3-ES)

1. The provisions of this subchapter are adopted to provide regulations which encourage and facilitate the operation of, development of, or conversion to, emergency shelters in accordance with state law and the city's adopted housing element.

2. The following uses shall be permitted in the Regional Commercial - Emergency Shelter (C-3-ES) zone district:

   1. All uses as permitted in the C-3 District.

   2. Emergency shelters.

3. Emergency shelters shall be subject to the following development standards:

   1. Occupancy . The maximum number of occupants shall not exceed twenty-five (25).

   2. Parking requirements . Emergency shelters shall provide one parking space for every staff member present plus one parking space for every four (4) residents.

   3. Management . The following management standards shall apply:

      1. On-site management shall be provided by at least two (2) emergency shelter staff members at all times while clients are present at the shelter.

      2. Security personnel shall be provided on-site during hours of operation.

      3. Hours of operation. Shelters shall establish and maintain set hours for client intake/discharge, which must be prominently posted on-site.

      4. Management shall maintain an active list of names of all occupants at the shelter. The list shall be provided to the Police Department upon request. Management shall notify the Police Department if they remove an occupant from the shelter.

   4. Facilities . Shelters shall be situated in permanent premises and shall provide the following facilities:

4. An intake/waiting area shall be provided so that clients are not required to wait on sidewalks or any other public rights-of-way. 2. Common area for the use of residents.

   3. Laundry facilities.

   4. Shower facilities: proved a minimum of two (2) showers.

   5. Secure areas shall be provided for personal property.

   6. Adequate interior and exterior lighting shall be provided.

   7. Telephones shall be provided for use by clients.

   8. Operations plans . An operations plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. The plan shall be submitted to and approved by the Planning Department and Police Department prior to operation of the emergency shelter. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, the plan shall include:

      1. A floor plan demonstrating compliance with the physical standards of this chapter.

      2. Security and safety . Address both on- and off-site needs, including provisions to insure the security and separation of male and female sleeping areas, as well as any family areas within the facility.

      3. Loitering/noise control . Include specific measures regarding operation controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site and/or services are not provided.

      4. Management of outdoor areas . Include a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to adjacent property.

      5. Staff training . Insure adequate knowledge and skills to assist clients in obtaining permanent shelter.

      6. Communication and outreach . Provide objectives to maintain effective, ongoing communication and response to operation issues which may arise within the neighborhood as may be identified by the general public or city staff.

      7. Adequate and effective screening . Identify the admittance eligibility of clients.

      8. Litter control . Provide for the regular daily removal of litter attributable to clients within the vicinity of the facility.

      9. Smoking/drinking/drugs . The possession, sale, and use of alcohol, tobacco, and illicit drugs shall be prohibited.

      10. The names and contact information of all responsible parties.

   9. Zone specific development standards . An emergency shelter shall comply with all applicable development standards of the Regional Commercial zone district.

   10. The facility shall comply with all applicable state and local housing, building, and fire code requirements.

   11. The facility shall comply with all applicable state and local licensing as required for any program incidental to the emergency shelter.

• (Ord. 13-10, eff. 12-25-2013)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

• 159 Manufactured Homes And Mobile Home Park Developments (Sections 159.055 159.068) 159.055 Manufactured Homes; Permanent Use 159.056 Mobile Homes; Temporary Uses 159.057 Mobile Home Parks; Use Permits Required 159.058 Mobile Home Parks; Development Standards 159.059 Mobile Home Sites; Development Sites 159.060 Development Plans; Preparation; Filing 159.061 Development Plans And Permits; Approval 159.062 Temporary Occupancy Permits

159.063 Permits; Amendments 159.064 Permits; Revocation; Modification 159.065 Conflicts With Other Provisions 159.066 Enforcement 159.067 Fees And Permits; State Law Provisions 159.068 Violations; Penalties

159.055 Manufactured Homes; Permanent Use

Manufactured homes shall be permitted on a permanent foundation system on a private lot in a Single-Family Residential (R-l) District provided the owner of the lot complies with the following:

1. The manufactured home complies with all development requirements for single-family development within the city including the following: occupancy is limited to single-family residential use; and

2. The manufactured home complies with the following architectural and related requirements:

   1. The manufactured home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974;

   2. The roof pitch shall be a minimum of 3-1/2 to 12;

   3. The exterior siding shall be wood and shall extend the full length from the foundation to the roof line;

   4. The floor joists shall be a minimum 18 inches from finished grade;

   5. The eave overhand shall be a minimum of 12 inches, and both the eave overhang and facia shall be of wood;

   6. The manufactured home shall be at least 1,200 square feet in size and measure at least 20 feet in horizontal width dimension;

   7. Any and all garages, carports or other outbuildings located on the lot shall be constructed of material and have an appearance similar to the manufactured home; and

   8. The manufactured home shall meet the standards of Title 24 (California Energy Commission requirements) applicable to conventional homes.

3. The owner complies with all provisions of this code and of state laws.

(1973 Code, § 9-4.601) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -; Am. Ord. 764, eff. 7-13-1981; Am. Ord. 89-9, eff. 3-24- 1989)

159.056 Mobile Homes; Temporary Uses

1. The Planning Director may authorize the use of a mobile/modular structure for up to 90 days to allow a use permit application to be processed.

2. A mobile/modular structure may be used for up to 12 months, under extreme hardship cases after the issuance of a use permit by the Planning Commission, subject to all applicable regulations applied to mobile homes and modular structures under applicable state and local laws.

3. The Commission may grant a single 12-month extension of the use permit.

(1973 Code, § 9-4.602) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -; Am. Ord. 91-11, eff. 9-18-1991)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 159.057 Mobile Home Parks; Use Permits Required

Subject to the securing of a use permit, a mobile home park shall be permitted in any residential district when the mobile home park meets the provisions of this chapter and any additional conditions which might be imposed by the Commission.

(1973 Code, § 9-4.603) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.058 Mobile Home Parks; Development Standards

1. Density . The density of a mobile home park shall be compatible with the general plan density for the area proposed for a mobile home park development, but the average density shall not exceed 8 dwelling units per acre or the density in the residential district in which the mobile home park is proposed.

2. Site area . A mobile home park site shall consist of a minimum of 10 acres and have sufficient frontage on a dedicated street to allow safe ingress and egress as may be required by the Department of Public Works.

3. Yards and setback areas .

   1. Mobile home parks located adjacent to freeways may be granted a maximum of 8 dwelling units per acre when all dwelling units are set back 100 feet from that portion of the property adjacent to the freeway. The setback area may be utilized for recreational facilities, including a pool and clubhouse and for a manager's office. A maintenance yard, laundry area and storage area may be permitted if, in the opinion of the Commission, the areas are designed and screened so they do not detract from the overall park-like atmosphere of the open spaces.

   2. In no case shall any structure be located within the 20-foot setback required along the exterior boundaries of the mobile home park site, except for fences up to 6 feet in height, which may be required along the boundaries.

   3. Fences up to 6 feet may be permitted in the front setback area when they are constructed of masonry material provided:

      1. The fence maintains an average setback of 10 feet from the street property line and does not encroach within 5 feet of the street property line at any point;

      2. The area between the fence and the property line is well landscaped and maintained; and

      3. The fence and landscaping material shall be limited in height and setback at intersections of streets, driveways and pedestrian walkways to that deemed compatible with pedestrian and traffic safety by the Commission.

4. Vehicular circulation .

1. The main entrance to a mobile home park shall consist of 2 10-foot travel lanes for ingress and an additional 2 lanes for egress, separated by a landscaped island of a minimum of 10 feet in width. No parking shall be permitted in the lanes for a distance of 100 feet from the front property line; provided, however, if the mobile home sites are not located within 100 feet of the abutting street, the island may be eliminated.

le home park shall consist of 2 10-foot travel lanes for ingress and an additional 2 lanes for egress, separated by a landscaped island of a minimum of 10 feet in width. No parking shall be permitted in the lanes for a distance of 100 feet from the front property line; provided, however, if the mobile home sites are not located within 100 feet of the abutting street, the island may be eliminated.

2. There shall not be more than 2 points of vehicle access between any abutting street and a mobile home park in any 660 feet of street frontage. 3. Access to the mobile home park shall be from a major or secondary street having a minimum 60-foot right-of way which does not travel for a distance which exceeds an aggregate of 660 feet through any existing single-family residential area or an area which is suitable for future singlefamily residential development.

3. All abutting streets shall be improved with paving to the center line, the necessary drainage facilities and with concrete curbs, gutters and sidewalks on the side abutting the premises, all in accordance with the "Standard Specifications of the City of Auburn" adopted by the Council as set forth in herein. The improvements shall be installed by the applicant if they are not otherwise provided or existing and necessary rights-ofway shall be dedicated or conveyed to the city, including rights-of-way for the extension of existing streets.

4. Internal streets shall have a minimum width of 33 feet when serving mobile home lots on both sides with no on-street parking. When on-street parking is allowed, the street width shall be 40 feet curb-to-curb.

5. Dead-end or cul-de-sac streets shall be limited to 400 feet in length.

6. All private street names shall be approved by the Commission.

7. Recreation areas . In addition to the open area required for setbacks around the periphery of the mobile home park, there shall also be provided a minimum of 2,500 square feet, plus 250 square feet per mobile home site, of net common usable area for a combination of both indoor and outdoor community recreation and service facilities which may be utilized for the following:

   1. A clubhouse;

   2. A pool; or

   3. A level lawn area of at least 10,000 square feet which may be used for such activities as croquet, putting and the like.

8. Boat and trailer storage . All pleasure boats and travel trailers shall be stored in an area set aside for on the approved plans for the storage. The area shall be screened from view and shall provide a minimum of 1 boat or trailer space for each 5 mobile home sites in the park.

(1973 Code, § 9-4.604) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.059 Mobile Home Sites; Development Sites

1. Lot size . The minimum lot size shall be 3,000 square feet and the average width of any lot shall be 40 feet.

2. Total coverage . The maximum coverage of any lot with structures, such as mobile homes, carports and covered patios, shall not exceed 66.67%, but storage cabinets and porches under 35 square feet shall not be included in determining the area covered by structures; provided, however, no structures, appurtenances or projections whatever may be closer than 3 feet to any property line.

3. Parking . There shall be provided 2 off- street parking spaces for each mobile home site. The spaces may be in tandem provided the rear car does not project into the required setback as designated for the mobile home. Visitor parking at the ratio of one paved space for each 5 mobile home sites shall be distributed throughout the park.

4. Utilities . All utilities shall be underground with the exception of one master antenna. If the location of the master antenna is shown on the approval plans, no further permission shall be required.

   1. Sewers . Each mobile home site shall be connected to sewer facilities of the mobile home park which shall be connected to the city sewer system.

   2. Water . Treated domestic water shall be piped to each mobile home site.

   3. Electrical power . Electrical power shall be installed with connections in accordance with the provisions of Cal. Administrative Code Title 25, to each site. Lead-in from the street pole to the mobile home park shall be underground if so required in a subdivision located in the same district.

   4. Telephone lines . Telephone lines shall be underground with provisions for a connection at each site. Lead-in from the street pole to the mobile home park shall be underground if so required in a subdivision located in the same district.

   5. Street lighting . Adequate street lighting shall be furnished for all the streets within the mobile home park.

5. Patio slabs . Each site shall have a concrete patio slab of at least 300 square feet.

6. Refuse receptacles . Refuse receptacles may not be placed in the front view of the mobile home site unless the receptacles are installed underground or effectively screened from view.

7. Laundry facilities . There shall be constructed in every mobile home park containing 2 or more lots a laundry room with not less than 2 clothes washing machines and one clothes dryer. One additional clothes washing machine shall be required for each additional 25 spaces in excess of the first 25 spaces and 1 additional clothes dryer shall be required for each additional 50 spaces in excess of the first 50 spaces. A clothes drying area with clothes lines shall be located outdoors in a suitable location adjacent to the laundry room. No outdoor clothes drying shall be permitted on the mobile home lots.

8. Signs .

   1. Entrance signs . One sign for each entrance to a mobile home park shall be permitted as follows:

      1. The face dimension shall be a maximum of 32 square feet.

      2. The height limit from the ground shall be 8 feet.

      3. The lighting may be from within or from without, but no flashing lights shining on other residential property shall be permitted.

9. Incidental signs . Incidental signs shall not exceed 4 square feet in area per sign and shall not exceed 4 feet in height.

   3. Park directory signs . Each park shall maintain a directory sign depicting the location and house number of each mobile home unit. Twenty-four square feet of area shall be allowed for each 5 acres occupied by mobile home sites. The sign may be lighted or unlighted.

10. Fire hydrants . A plan shall be submitted with the development plan showing the water drains, fire hydrants and fire flow after consultation with the Fire Chief and the drains and hydrants shall be installed prior to occupancy.

11. Drainage . A plan shall be filed for on-site drainage facilities with the development plan. Drainage facilities shall be installed prior to occupancy and continuously maintained. No drainage shall be permitted to flow from the site to the rightof- way of any public road or street, except as approved by the Director of Public Works.

(1973 Code, § 9-4.605) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.060 Development Plans; Preparation; Filing

1. Preliminary filing; information required . A plan shall be filed in duplicate showing in a scale of 1 inch to 40 feet the exterior boundaries of the proposed park, the location of the mobile home sites, and all buildings, internal streets, off-street parking, recreation areas, fences and other structures, including screening as elsewhere required in the provisions of this chapter, landscaping, planting areas and open spaces, the existing and proposed drainage facilities and structures, adjacent streets and property developments, the grading to be performed, the existing and proposed elevation contours at intervals sufficient to show the suitability of the grading proposal, and other information reasonably necessary to comprehend the details of the planned use and the plans required by the provisions of § 159.059(I) and (J).

2. Revisions; refiling . The plan shall be revised and resubmitted as necessary to meet the conditions of approval which may be imposed by the Commission or Council and those conditions fixed by other provisions of this chapter or by other applicable state, county or city laws or regulations.

3. Travel trailer accommodations . If the application includes provisions for a travel trailer park, appropriate deviations from the requirements of this chapter as to sites may be included in the conditions.

(1973 Code, § 9-4.606) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.061 Development Plans And Permits; Approval

1. Planning Commission action . Upon the receipt of a written application for a permit filed with the Secretary of the Commission and accompanied by plot and development plans, the application and plans shall be publicly considered by the Commission, which shall recommend in writing to the Council the approval, conditional approval or disapproval of the application, including the plan.

2. Council action . After notice and a public hearing on the application, the Council may grant the permit, including its approval of the plan, with or without additional conditions, or may deny the permit, without prejudice to a further application, for failure to conform to the provisions of this chapter or other laws.

(1973 Code, § 9-4.607) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.062 Temporary Occupancy Permits

When a minimum of 50 mobile home lots or 50% of the proposed number of sites are completed, with all appurtenances necessary to the operation of the park, within the regulations of this chapter and all other state, county and city laws, a temporary occupancy permit may be issued.

(1973 Code, § 9-4.608) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.063 Permits; Amendments

Amendments to the permit sought by the permittee may be applied for and shall be acted upon in the same manner as the original application.

(1973 Code, § 9-4.609) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.064 Permits; Revocation; Modification

1. Authorized . The installation shall be commenced within 6 months after the permit is authorized and shall be prosecuted to completion within 1 year's time after the date of the first construction, or within any extension of time which may be granted by the Council for good cause; otherwise, the permit may be revoked on the expiration of the time specified.

2. Hearings; notices; grounds . After a public hearing on not less than 10 days' notice to the owner or lessee of the mobile home park, the Council may revoke a permit for failure to comply with any condition of the permit with lawful health or sanitary requirements, or for failure to maintain improvements in a safe or useable condition or for maintaining any nuisance provided reasonable opportunity has been afforded, after notice, to cure the default or for repeated or flagrant violations of laws or regulations applicable to the mobile home park or the facilities thereof or activities thereon.

3. Modifications . In a like manner, a permit may be modified by the imposition of reasonable additional conditions or the amendment of prior conditions relating to the use of the park.

(1973 Code, § 9-4.610) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.065 Conflicts With Other Provisions

In the event of a conflict between any provisions of this chapter, or of a conditional permit issued pursuant to the provisions of this chapter, or any provision of Cal. Health and Safety Code Part 2, Division 13, or state regulations pursuant thereto, or other state laws or regulations which are then controlling, the state laws or regulations shall apply. If the state law or regulation is not controlling, then the more stringent provision or that requiring a higher standard shall apply.

(1973 Code, § 9-4.611) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.066 Enforcement

The enforcement of all the regulations of Cal. Health and Safety Code Part 2, Division 13 and all other regulations pertaining to the construction and operation of mobile home parks, as set forth in Cal. Administrative Code Title 25, shall be enforced by the city after written notice of the intention to the Department of Housing and Community Development has been made by the Council.

(1973 Code, § 9-4.612) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.067 Fees And Permits; State Law Provisions

Fees and permits shall be regulated in accordance with the provisions of Cal. Administrative Code Chapter 4, Title 25 until the time as the Council may, by resolution, amend the schedule.

(1973 Code, § 9-4.613) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

159.068 Violations; Penalties

1. Any person violating any of the provisions of this subchapter, or any of the rules and regulations set forth in Cal. Administrative Code Title 25, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

2. Any permit holder violating any of the provisions of this subchapter or any of the rules and regulations set forth in Cal. Administrative Code Title 25 shall be subject to the suspension or revocation of any permit affected by the provisions of this chapter.

(1973 Code, § 9-4.614) (Ord. 558, eff. - -; Am. Ord. 601, eff. - -)

• 159 Planned Unit Developments (Sections 159.080 159.097)

159.080 Purposes

159.081 Provisions Subject To Chapter Provisions 159.082 Size 159.083 Standards For Parking, Open Spaces, Building Coverage And Recreation Areas 159.084 Land Use Intensity 159.085 Open Spaces 159.086 Buildings 159.087 Uses Permitted 159.088 Use Permits Required 159.089 Design Criteria 159.090 Common Ownership Requirements 159.091 Staged Development 159.092 Applications; Fees; Hearings 159.093 Applications; Additional Information Required 159.094 Approval Or Denial; Criteria 159.095 Approval; Bonds; Conditions; Acceptance 159.096 Appeals 159.097 Conditional Use Permits; Time Limitations

159.080 Purposes

The provisions of this subchapter are adopted for the following purposes:

1. To further the public health, safety, morals and general welfare in an era of increasing urbanization and of growing demand for housing of a variety of types and design;

2. To insure that the provisions of the Government Code of the state which direct the uniform treatment of the use of buildings and land within each zoning district shall not be applied to the improvement of land, other than lot-by-lot development, in a manner that would distort the objectives of those laws;

3. To encourage innovations in residential development and renewal so that the growing demands for housing may be met by greater variety in the type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to the dwellings;

4. So that greater opportunities for better housing and recreation may extend to all citizens and residents of the city; and

5. To provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing at the time of development in a manner consistent with the preservation of the property values within established residential areas.

(1973 Code, § 9-4.701) (Ord. 591, eff. - -)

159.081 Provisions Subject To Chapter Provisions

The provisions of this subchapter shall be subject to the general provisions of this chapter, except where different therefrom.

(1973 Code, § 9-4.702) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.082 Size

The following size requirements shall apply.

1. The tract of land for a planned unit development shall comprise not less than 1 acre.

2. The above noted size requirement may be reduced by the Planning Commission if the Commission finds that a hardship exists whereby there is insufficient acreage to meet the 1 acre minimum requirement and the site lends itself to the use of a planned unit development. Hardship may consist of topographic constraints, preservation of natural features, configuration of preexisting parcel, the construction or rehabilitation of existing housing for very low, low or moderate income persons. Hardship shall not include projects which propose inclusion of road easements and/or right of way for acreage calculations, increased density purposes and the like.

(1973 Code, § 9-4.703) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -; Ord. 92-2, eff. 4-8-1992)

159.083 Standards For Parking, Open Spaces, Building Coverage And Recreation Areas

The standards for the following shall be governed by the following chart:

1. The parking spaces per unit;

2. The minimum amount of undistributed or replanted land; and

3. The maximum coverage of the building site by structures.

(1973 Code, § 9-4.704) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.084 Land Use Intensity

For the purposes of the chart set forth in § 159.083, the intensity factor for each district shall be that shown by the zoning map and the factor for each district shall be used in determining the standards set forth in this subchapter.

(1973 Code, § 9-4.705) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.085 Open Spaces

For the purposes of the chart set forth in § 159.083:

1. Open space shall not include streets, public or private parking areas or areas covered by any building, garage, carport or other structure.

2. Open space shall include unimproved land, landscaped areas, improved recreation areas and water surfaces, all within the development.

(1973 Code, § 9-4.706) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.086 Buildings

For the purposes of the chart set forth in § 159.083, buildings shall include all land covered by residential buildings, garage building areas, carport areas and other enclosed areas. All area coverage shall be computed at the ground level.

(1973 Code, § 9-4.707) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.087 Uses Permitted

The following uses shall be permitted in planned unit developments:

1. Any use permitted in the basic district classification;

2. Two-family dwellings;

3. Single-family dwellings;

4. Multiple- (3 or more) family dwellings;

5. Recreation uses;

6. Buildings and uses accessory to the uses set forth in this section; and

7. Highway service, commercial, manufacturing and airport. Standards for parking, open space, building coverage and height per a use permit.

(1973 Code, § 9-4.708) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -; Am. Ord. 655, eff. 9-26-1974)

159.088 Use Permits Required

Each person proposing to construct a planned unit development shall first secure a use permit for the planned unit development.

(1973 Code, § 9-4.709) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.089 Design Criteria

1. Dwellings . Dwelling design should reflect the following factors where buildings are proposed as part of the development program.

   1. Harmonious variations in materials, textures and colors shall complement and supplement the natural beauty and pleasant environment of the site and the individual unit.

   2. Each building site should have ready access to common areas and facilities.

2. Vehicular circulation and access . Street design should reflect the following factors.

   1. Dwelling areas shall have only limited access to major traffic arteries.

   2. Collector streets of ample width and flowing alignment shall feed traffic between the arterial streets and to a network of minor access streets on which most of the homesites are located.

   3. Where terrain permits, short loop streets and cul-de-sacs should be used for minor streets.

3. Parking . Parking shall reflect the following factors.

   1. Occupant and guest car parking should be located so homesites are conveniently served.

   2. Parking areas should be designed so that not more than an average of 6 spaces shall adjoin each other without intervening landscaped areas.

4. Walks and service circulation . Walks and service circulation shall reflect the following factors. Walks should be designated to provide convenient access to recreation, service, parking and other common areas.

5. Setbacks . Front, side and rear setback requirements for structures shall be those of the district with which the planned unit development is combined or as established by the approved plan.

6. Open space areas . Open space areas should be situated in a manner as to avoid the crowding together of building uses and parking uses.

(1973 Code, § 9-4.710) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.090 Common Ownership Requirements

1. In planned unit developments containing an area of common ownership, the subdivision plat, dedication, covenants and other recorded legal agreements shall:

   1. Legally create an automatic-membership non-profit homes association or similar organization;

   2. Place title to the common property in the homes association at such time as 50% of the units are occupied;

   3. Approximately limit the uses of the common property;

   4. Give each lot owner the right to the use and enjoyment of the common property;

   5. Place responsibility for the operation and maintenance of the common property in the homes association; and

   6. Place an association charge on each lot in a manner which will assure sufficient association funds and the charge shall be a lien on the property.

2. Where any of the provisions of this section are not applicable, the developer may substitute alternate suggestions.

3. All legal documents required pursuant to the provisions of this section shall not be acceptable until approved as to legal form and effect by the City Attorney when required by the Commission.

(1973 Code, § 9-4.711) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.091 Staged Development

If the sequence of construction of various portions of the development is to occur in stages, the open spaces and the recreational facilities proposed for the entire development shall be developed or committed thereto, in proportion to the number of dwelling units constructed. At no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the planned unit development.

(1973 Code, § 9-4.712) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.092 Applications; Fees; Hearings

Applications for planned unit developments shall be made in writing on a form prescribed by the Commission and shall be accompanied by a fee of $25, no part of which shall be returnable to the applicant, and by such additional plans, documents and other evidence as the Commission may reasonably require properly to evaluate the application. The application shall be referred to the Public Works Department for review and a public hearing with notice given as set forth in §§ 159.460 et seq . The public hearing and decision of the Commission shall be within 60 days after the date of the filing of the application unless continued with the consent and approval of the applicant.

(1973 Code, § 9-4.713) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.093 Applications; Additional Information Required

In addition to any other information required by the provisions of this subchapter, the applicant shall furnish the following information:

1. The types of residences to be constructed;

2. The proposed staging of construction by units if the planned unit development is to be constructed in stages;

3. The location and proposed uses of open spaces;

4. The legal requirements and documents required by the provisions of § 159.090;

5. All the information necessary to determine whether all the requirements of § 159.083 for the following are satisfied

   1. The building coverage ratio;

   2. The parking ratio; and

   3. The open space ratio.

6. The location and layout of the parking areas; and

7. The location of all existing vegetation and geological features to be retained.

(1973 Code, § 9-4.714) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.094 Approval Or Denial; Criteria

The granting or denying of the land development permit by written resolution shall include not only conclusions, but also findings of fact, related to the specific proposal and shall set forth the reasons for the granting, with or without conditions, or for the denial, and the resolution shall set forth specifically in what respects the plan would or would not be in the public interests including, but not limited to findings of fact and conclusions on the following, where applicable:

1. In what respects the plan is or is not consistent with the purposes of planned unit development as set forth in § 159.080;

2. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to density, bulk and use, and the reasons why the departures are or are not deemed to be in the public interests;

3. The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for the maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

4. The physical design of the plan and the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

5. The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established; and

6. In the case of a plan proposed for development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned development in the integrity of the plan.

(1973 Code, § 9-4.715) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.095 Approval; Bonds; Conditions; Acceptance

1. In the event approval is granted, the Commission shall, as part of its resolution, specify the drawings, specifications and form of performance bond that shall accompany the approval.

2. In the event approval is granted subject to conditions, the landowner shall, within 15 days after receiving a copy of the written resolution of the Commission, notify the Commission in writing of his or her acceptance or his or her refusal to accept all the conditions.

(1973 Code, § 9-4.716) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

159.096 Appeals

Appeals from any decision of the Planning Commission on the matters set forth in this subchapter shall be made to the City Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, §9-4.717) (Ord. 558, eff. --; Am. Ord. 591, eff. --; Am. Ord. 09-02, eff. 4-8-2009)

159.097 Conditional Use Permits; Time Limitations

1. No conditional use permit granted pursuant to the provisions of this subchapter shall be operative after 24 months in the event the applicant has not:

   1. Obtained all building and other permits required by this code; and

   2. Commenced and thereafter continuously proceeded with actual construction within the 24-month period.

2. 1. Upon an application and a showing of good cause, a conditional use permit may be extended or conditionally extended by the Commission for an additional period not to exceed 12 months upon making the necessary findings in accordance with the provisions of § 159.094.

   2. In the event of failure to exercise the conditional use permit as provided in this section, the Commission or Council, upon its own application, may rezone the land, or any portion thereof, in accordance with the provisions of §§ 159.440 et seq .

(1973 Code, § 9-4.718) (Ord. 660, eff. 12-26-1974; Am. Ord. 790, eff. 7-13-1983)

• 159 Design Review (Sections 159.110 159.125)

159.110 Title 159.111 Purpose 159.112 Definitions

159.113 Areas Of Application

159.114 Permit Requirements

159.115 Reviewing Authority

159.116 Procedure For Design Review Approval

159.117 Effective Date

159.118 Expiration 159.119 Effectuation

159.120 Extensions 159.121 Modifications 159.122 Appeals 159.123 Enforcement 159.124 Environmental Review 159.125 Application Fees

159.110 Title

This subchapter of the Auburn Municipal Code shall be known as Design Review.

(Ord. 04-8, eff. 11-15-2004)

159.111 Purpose

The provisions of this subchapter are adopted to provide special regulations for the establishment of the design review process, as set forth in this subchapter, for the following purposes:

1. For the protection, enhancement, and use of places, sites, buildings, and structures having special character, aesthetic interest, and value and to impose appropriate and reasonable controls upon the appearance of private property within public view where necessary to preserve the economic value of such places, sites, buildings, and structures to the city and its merchants and citizens;

2. For the proper use of places, sites, buildings, and structures, including signs, which are essentially desirable to the community but, due to the nature of the use, present special problems such as noise, traffic, congestion, or an effect on economic values;

3. For the protection of substantial public investments in conservation, recreation, and the general public health, safety, and welfare; and

4. For the enhancement of tourism and the economy of the city by protecting and preserving places having special and unique character and interest.

(Ord. 04-8, eff. 11-15-2004)

159.112 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARCHITECT'S REVIEW COMMITTEE (ARC) . A group of architects that serve, on an on-call basis, as an advisory body to the Planning Director on issues relating to architectural review. The ARC shall be established by resolution of the City Council. The membership roster for the Committee shall be maintained by the Planning Director.

BUILDING OFFICIAL . The chief administrative officer.

DEPARTMENT . The Planning Department.

DESIGN REVIEW . The city review process for development requests.

DESIGN REVIEW DISTRICT . Special subareas of the city, which due to their location, unique character, historical nature, and/or architectural character, are of particular interest to, and for which specific development standards have been developed by, the city.

DESIGN REVIEW PERMIT (DRP) . A development permit issued by the Planning Commission, Historic Design Review Commission, or Planning Department for new construction or alteration, modification, or additions to existing structures or sites within the City of Auburn.

DIRECTOR . The Planning Director.

HISTORIC DESIGN REVIEW . The city review process for development requests associated with property located within the Historic Design Review District or for properties that are designated as a historic resource.

HISTORIC DESIGN REVIEW COMMISSION . The approving authority for projects located within the Historic Design Review District.

HISTORIC DESIGN REVIEW DISTRICT . The design review district that includes the Downtown Design Review District, the Old Town Design Review District, and properties designated as a historic resource.

HISTORIC DESIGN REVIEW PERMIT . A Design Review Permit issued for properties located within the Historic Design Review District.

(Ord. 04-8, eff. 11-15-2004) HISTORY Amended by Ord. 25-05 on 10/27/2025 159.113 Areas Of Application

The provisions of this subchapter shall apply citywide. Except as otherwise provided for by this subchapter, separate Design Review Districts may be established by resolution of the City Council and shall be identified on a map, attached as an exhibit hereto and maintained on file in the Planning Department and incorporated herein by reference.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 159.114 Permit Requirements

1. Citywide design review . Except as required below, design review shall be required for all commercial, office, industrial, and multi-family residential projects within the city as specified below. 1. Design Review Permit (DRP) required . A Design Review Permit shall be required for the following types of projects: 1. Construction of all new buildings or structures. 2. Alterations, remodeling, or additions to existing structures which will result in an increase of more than 20% of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less.

. 1. Design Review Permit (DRP) required . A Design Review Permit shall be required for the following types of projects: 1. Construction of all new buildings or structures. 2. Alterations, remodeling, or additions to existing structures which will result in an increase of more than 20% of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less.

3. Substantial exterior remodeling which includes more than 50% of the lineal frontage of any one exterior building façade as well as the addition and/or alteration of significant building elements.

4. Modifications to existing Design Review Permits (§ 159.121).

5. Administrative approval . The Director may approve, conditionally approve, or deny the following types of projects: 1. Modifications to projects with existing Design Review Permits (per § 159.121), including plan revisions; architecture, materials, and colors; landscaping, and parking.

6. Alterations, remodeling, or additions to existing, structures which will result in an increase of less than 20% of the floor area of the structure before the addition or alteration, or 2,500 square feet, whichever is less.

7. Minor exterior remodeling (such as less than 50% of the lineal frontage of any one exterior building façade; rearrangement or addition of doors, windows, and awnings).

8. Minor modifications to existing site improvements (such as parking lots, parking lot re-striping). 5. Addition of accessory structures. 6. Landscaping additions and modifications (per Chapter 153). 7. Parking additions and modifications (per § 159.165 et seq .). 8. Sidewalk replacement. 9. Painting or repainting with different colors.

9. Replacement of building materials with different materials. 11. Such other matters as delegated by the Planning Commission.

10. Exemptions. The following types of projects are exempt from the design review process: 1. Ordinary maintenance and repair. 2. Painting or repainting (with similar colors). 3. Replacement of building materials (with similar materials). 4. Single-family residential buildings or structures.

11. Historic design review . Projects located within the Historic Design Review District, or properties situated outside the district that have been designated a historic resource, shall be subject to Historic Design Review as required by §§ 159.490 et seq . 1. Historic Design Review Permit (HDRP) required. A Historic Design Review Permit shall be required for the following types of projects:

12. Construction of all new commercial, office, industrial, and multi-family residential buildings or structures. 2. Alterations, remodeling, or additions to existing structures. 3. Replacement of building materials with different materials (including re-roofing of buildings). 4. Painting of buildings if the color(s) used are not similar to the existing colors. 5. Sign permits. 6. Modifications to existing Historic Design Review Permits.

fice, industrial, and multi-family residential buildings or structures. 2. Alterations, remodeling, or additions to existing structures. 3. Replacement of building materials with different materials (including re-roofing of buildings). 4. Painting of buildings if the color(s) used are not similar to the existing colors. 5. Sign permits. 6. Modifications to existing Historic Design Review Permits.

2. Administrative approval . The Director may approve, conditionally approve, or deny the following types of projects: 1. Minor modifications to existing site improvements (such as parking lot re-striping). 2. Exterior painting on buildings and/or structures if the color(s) are the similar to the existing color(s). 3. Replacement of building materials with the same materials (including re-roofing of buildings). 4. Sidewalk replacement. 5. Landscaping.

3. Temporary signage for special events.

7. Such other matters as delegated by the Planning Commission.

3. Exemptions. The following types of projects are exempt from the design review process:

1. Ordinary maintenance and repair.

• (Ord. 04-8, eff. 11-15-2004)

159.115 Reviewing Authority

1. Planning Commission . The Planning Commission shall be the reviewing authority on all Design Review Permits for projects not located within the Historic Design Review District.

2. Historic Design Review Commission . The Historic Design Review Commission shall be the reviewing authority for all Historic Design Review Permits required for properties located within the Historic Design Review District per §§ 159.490-159.507.

3. Administrative approval . The Planning Department shall be the design review authority for all improvements which do not require approval by the Planning Commission or Historic Design Review Commission.

4. Architect's Review Committee (ARC) . At the discretion of the Director, the ARC may serve in an advisory capacity to the Planning Department on issues relating to architectural review.

• (Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.116 Procedure For Design Review Approval

1. Application submittal . An application for a permit required by this Title shall be submitted to the Planning Department on an application form provided by the Department, and shall include the consent of the lawful owner of record, fees as established by the City Council, and plans, maps, and any additional information as specified on forms provided by the Department.

2. Eligible applicants . A permit application may be filed by:

   1. The lawful owner of record of the parcel, or their duly authorized agents.

   2. A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted upon request of the Department.

3. Application acceptance and initial review . The Department shall review all applications for compliance with the submittal requirements. In order to be accepted for processing, an application shall include the required application, filing fees, and plans as defined in division (A).

4. Project referral . The Department may refer applications to the Architect's Review Committee on issues relating to architectural review.

   5. Application evaluation criteria . The approving authority shall review and approve, conditionally approve, or deny applications in accordance with the provisions of this chapter and all applicable design guidelines.

   6. Public hearing . A public hearing shall be conducted for projects requiring approval of a Design Review Permit or a Historic Design Review Permit.

   7. Noticing. Applications shall receive public notice as follows:

      1. Civic design . Public notice shall be provided in accordance with §§ 159.460 et seq .

      2. Historic design review . Requests for Historic Design Review shall receive public notice by mail only in accordance with §§ 159.460 et seq ., excepting that notice shall be provided to persons owning property within 100 feet of the affected property.

   8. Reviewing authority action . The reviewing authority specified by § 159.115 shall approve, conditionally approve, or deny a permit in accordance with the requirements of this subchapter. Such a decision may be appealed pursuant to Chapter 162 of this Municipal Code.

   9. Conditions . The approving authority may, at the time of approval, impose such conditions as are necessary to insure compliance with this chapter, state or federal laws. Such conditions shall be reasonably related to the public needs created by the proposed project. Conditions to mitigate environmental impacts of the activity shall also be imposed by the approving authority.

• (Ord. 04-8, eff. 11-15-2004; Am. Ord. 09-02, eff. 4-8-2009)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.117 Effective Date

Except for those matters that are appealed, an action to approve, deny, modify, or revoke a permit, shall be effective upon the action of the approving authority. No action shall be final until all appeal periods have expired, or until the final action on the appeal has been rendered pursuant to this title.

(Ord. 04-8, eff. 11-15-2004)

159.118 Expiration

An approved permit is valid for 2 years from its effective date, or for any other period specified by the granting authority in the conditions of approval. The permit shall expire and become void at the end of the 24 months unless it has been effectuated pursuant to § 159.119.

(Ord. 04-8, eff. 11-15-2004)

159.119 Effectuation

A Design Review Permit or Historic Design Review Permit is effective when:

A. A building or foundation permit is issued by the Planning Department authorizing the construction or modification of a building(s) or structure(s); or

B. Historic Design Review Permit only. A sign permit has been issued by the Historic Design Review Commission authorizing the installation or modification of a sign or sign structure.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.120 Extensions

1. Applications for an extension shall be filed on a form provided by the Planning Department and shall be processed pursuant to the design review provisions of this chapter.

2. The Planning Commission may grant extensions for Design Review Permits which have been approved but have not been effectuated. The approval of an extension extends the expiration date for a set period of time to be determined with the permit. Extensions may be granted in any increment of time. Total extensions shall not exceed 3 years.

   3. The Director may grant a 1 year extension for administrative approvals that have not been effectuated.

   4. Extensions may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved.

• (Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.121 Modifications

A project approved by Design Review Permit or Historic Design Review Permit shall be constructed or otherwise established only as approved by the granting authority and subject to any conditions of approval, except where changes to the project are approved as set forth in this section. An applicant shall request any desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

• A. The Planning Director may authorize changes to an approved plan and/or architecture if the changes:

  1. Are consistent with all applicable provisions of this chapter; and 2. Do not result in a significant expansion of the project; and 3. Do not substantially alter the original approval action.

B. Modifications to a project which are not consistent with paragraph (A) above shall be approved by the Planning Commission (for Design Review Permits) or the Historic Design Review Commission (for Historic Design Review Permits). The developer shall be responsible for submitting an amendment request on a form to be provided by the Planning Department. The proposed modification request shall be processed pursuant to the design review provisions of this chapter.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.122 Appeals

1. Appeal of Planning Commission or Historic Design Review Commission determination . Any person aggrieved by the action of the Planning Commission or the Historic Design Review Commission may appeal that action to the City Council pursuant to Chapter 162 of this Municipal Code.

2. Appeal of the Director's determination . Any person aggrieved by the action of the Director may appeal that action pursuant to Chapter 162 of this Municipal Code. Projects located within the Historic Design Review District shall be appealed to the Historic Design Review Commission. All other actions shall be appealed to the Planning Commission. Actions appealed from the Director to either Commission may be further appealed to the City Council pursuant to Chapter 162 of this Municipal Code.

(Ord. 04-8, eff. 11-15-2004; Am. Ord. 09-02, eff. 4-8-2009)

159.123 Enforcement

The Planning Director shall be responsible for the enforcement of the provisions of this chapter.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.124 Environmental Review

Review by the approving authority is subject to the requirements of the California Environmental Quality Act (CEQA). The approving authority shall not approve an application prior to considering the applicable environmental document and complying with the requirements of CEQA and any city procedures for the preparation and processing of environmental documents.

(Ord. 04-8, eff. 11-15-2004)

159.125 Application Fees

The City Council may establish fees, by resolution, for the processing of applications pursuant to this title.

(Ord. 04-8, eff. 11-15-2004)

• 159 Airport Zoning (Sections 159.140 159.151) 159.140 Preamble 159.141 Short Title 159.142 Definitions

159.143 Airport Zones

• 159.144 Airport Zone Height Limitations

• 159.145 Use Restrictions

• 159.146 Non-Conforming Uses 159.147 Permits

159.148 Enforcement 159.149 Planning Commission 159.150 Appeals 159.151 Judicial Reviews

159.140 Preamble

1. This subchapter is adopted pursuant to the authority conferred by the General Laws of the state.

2. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Auburn Municipal Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Auburn Municipal Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Auburn Municipal Airport and the public investment therein.

3. Accordingly, it is declared:

   1. The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Auburn Municipal Airport;

   2. It is necessary in the interests of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

   3. The prevention of the obstructions should be accomplished to the extent legally possible by the exercise of the police power without compensation.

4. It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

(1973 Code, § 9-4.1901) (Ord. 757, eff. 10-8-1980)

159.141 Short Title

This subchapter shall be known and may be cited as the "Auburn Municipal Airport Zoning Law."

(1973 Code, § 9-4.1902) (Ord. 757, eff. 10-8-1980)

159.142 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT . The Auburn Municipal Airport.

AIRPORT ELEVATION . One thousand, five hundred thirty-one feet above the mean sea level.

AIRPORT INFLUENCE AREA/REFERAL AREA . An area, as identified in the adopted Airport Land Use Compatibility Plan, in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The Airport Influence Area constitutes the Referral Area within which certain Airport Actions and Land Use Actions are subject to Placer County Airport Land Use Commission review to determine consistency with the policies herein.

APPROACH SURFACE .

1. A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 158.143.

2. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES . The zones set forth in § 159.143.

CONICAL SURFACE . A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION . An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEIGHT . For the purpose of determining the height limits in all zones set forth in this subchapter and shown on the zoning map, the datum shall be the mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE . A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

NON-CONFORMING USE . Any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this subchapter or an amendment thereto.

OBSTRUCTION . Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 159.144.

PERSON . An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity and shall include a trustee, a receiver, an assignee or a similar representative of any of them.

PRIMARY SURFACE . A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is set forth in § 159.143. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

RUNWAY . A defined area on an airport prepared for the landing and takeoff of aircraft along its length.

STRUCTURE . An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

TRANSITIONAL SURFACES . Surfaces which extend outward at 90-degree angles to the runway center line and the runway center line extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

TREE . Any object of natural growth.

UTILITY RUNWAY . A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY . A runway intended solely for the operation of aircraft using visual approach procedures.

(1973 Code, § 9-4.1903) (Ord. 757, eff. 10-8-1980)

159.143 Airport Zones

1. In order to carry out the provisions of this subchapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Airport. The zones are shown on the Auburn Municipal Airport Zoning Map, consisting of 1 sheet, prepared by the Department of Public Works and dated March 26, 1980, which is made a part of this subchapter by reference. An area located in more than 1 of the following zones shall be considered to be only in the zone with the more restrictive height limitation.

2. The various zones are hereby established and defined as follows:

   1. Utility Runway Visual Approach Zone . The inner edge of the Utility Runway Visual Approach Zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

   2. Transitional Zones . The Transitional Zones are the areas beneath the transitional surfaces.

   3. Horizontal Zone . The Horizontal Zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The Horizontal Zone does not include the approach and transitional zones.

   4. Conical Zone . The Conical Zone is established as the area that commences at the periphery of the Horizontal Zone and extends outward therefrom a horizontal distance of 4,000 feet.

(1973 Code, § 9-4.1904) (Ord. 757, eff. 10-8-1980)

159.144 Airport Zone Height Limitations

1. Except as otherwise provided in this subchapter, no structure shall be erected, altered or maintained and no tree shall be allowed to grow, in any zone created by this subchapter to a height in excess of the applicable height limit established for the zone.

2. The applicable height limitations are hereby established for each of the zones in question as follows.

   1. Utility Runway Visual Approach Zone . Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

3. Transitional Zones . Slopes 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 1,331 feet above the mean sea level. In addition, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.

   3. Horizontal Zone . Established at 150 feet above the airport elevation or at a height of 1,331 feet above the mean sea level.

   4. Conical Zone . Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

   5. Excepted height limitations . Nothing in this subchapter shall be construed as prohibiting the construction or maintenance of any structure, or the growth of any tree, to a height up to 50 feet above the surface of the land.

(1973 Code, § 9-4.1905) (Ord. 757, eff. 10-8-1980)

159.145 Use Restrictions

Notwithstanding any other provision of this subchapter, no use may be made of land or water within any zone established by this subchapter in a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

The criteria contained within the adopted Placer County Airport Land Use Compatibility Plan shall be used to determine if a proposed use of land or water is compatible with the airport operations.

(1973 Code, § 9-4.1906) (Ord. 757, eff. 10-8-1980)

HISTORY

Amended by Ord. 23-01 on 6/12/2023

159.146 Non-Conforming Uses

1. Regulations not retroactive . The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations on October 8, 1980, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this subchapter shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to October 8, 1980, and is diligently prosecuted.

ange or alteration of any structure or tree not conforming to the regulations on October 8, 1980, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this subchapter shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to October 8, 1980, and is diligently prosecuted.

2. Marking and lighting . Notwithstanding the provisions of division (A) above, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the Planning Director to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport obstruction. The markers and lights shall be installed, operated and maintained at the expense of the city.

(1973 Code, § 9-4.1907) (Ord. 757, eff. 10-8-1980; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.147 Permits

1. Future Uses. Except as specifically provided in divisions (A)(1), (2) and (3) below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created by this subchapter unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this subchapter. Any application requiring a discretionary review permit shall be reviewed for compliance with the Placer County Airport Land Use Compatibility Plan. If the determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this subchapter shall be granted unless a variance has been approved in accordance with division (D) below.

   1. In the area lying within the limits of the Horizontal Zone and Conical Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, the tree or structure would extend above the height limits prescribed for the zones.

   2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure would extend above the height limits prescribed for the approach zones.

2. In the areas lying within the limits of the Transitional Zones beyond the perimeter of the Horizontal Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limits prescribed for the Transitional Zones. Nothing contained in any of the exceptions set forth in this division shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree, in excess of any of the height limits established by this subchapter, except as set forth in § 159.144.

3. Existing uses . No permit shall be granted which would allow the establishment or creation of an obstruction or permit a non-conforming use, structure, or tree to become a greater hazard to air navigation than it was on October 8, 1980, or on the effective date of any amendment to this subchapter, or than it is when the application for a permit is made. Except as indicated, all applications for the permits shall be granted.

4. Nonconforming uses abandoned or destroyed . Whenever the Director of Public Works determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted which would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

5. Variances . Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this subchapter may apply to the Commission for a variance from the regulations pursuant to the provisions set forth in §§ 159.420 et seq . The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for a variance to the requirements of this subchapter may be considered by the Commission or, on appeal, the Council, unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Commission or, on appeal, the Council, may act on its own to grant or deny the application.

this subchapter may be considered by the Commission or, on appeal, the Council, unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Commission or, on appeal, the Council, may act on its own to grant or deny the application.

5. Obstruction marking and lighting . Any permit or variance granted, if the action is deemed advisable to effectuate the purposes of this subchapter and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, the markings and lights as may be necessary. If deemed proper by the Commission or, on appeal, the Council, the condition

may be modified to require the owner to permit the Public Works Department, at its own expense, to install, operate and maintain the necessary markings and lights.

(1973 Code, § 9-4.1908) (Ord. 757, eff. 10-8-1980)

HISTORY

Amended by Ord. 23-01 on 6/12/2023

159.148 Enforcement

It shall be the duty of the Director of Public Works to administer and enforce the regulations prescribed in this subchapter. Applications for permits and variances shall be made to the Director of Public Works upon a form published for the purpose. Applications required by this subchapter to be submitted to the Director of Public Works shall be promptly considered and granted or denied.

(1973 Code, § 9-4.1909) (Ord. 757, eff. 10-8-1980)

159.149 Planning Commission

1. The Commission shall have and exercise the following powers:

   1. To hear and decide appeals from any order, requirement, decision or determination made by the Director of Public Works in the enforcement of this subchapter;

   2. To hear and decide special exceptions to the terms of this subchapter upon which the Commission may be required to pass; and

   3. To hear and decide specific variances.

2. The Commission shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.

3. The concurring vote of a majority of the members of the Commission shall be sufficient to reverse any order, requirement, decision or determination of the Director of Public Works, or to decide in favor of the applicant on any matter upon which the Commission is required to pass under this article, or to effect variations to this subchapter.

(1973 Code, § 9-4.1910) (Ord. 757, eff. 10-8-1980)

159.150 Appeals

Any person aggrieved by any decision of the Director of Public Works in the administration of this subchapter may appeal to the Planning Commission pursuant to Chapter 162 of this Municipal Code. The decision of the Planning Commission may be further appealed in the same manner.

(1973 Code, § 9-4.1911) (Ord. 757, eff. 10-8-1980; Am. Ord. 09-02, eff. 4-8-2009)

159.151 Judicial Reviews

Any person aggrieved, or any taxpayer affected, by any decision of the Commission or, on appeal, the Council, may further appeal to the Superior Court as provided in the laws of the state.

(1973 Code, § 9-4.1912) (Ord. 757, eff. 10-8-1980)

• • 159 Off Street Parking And Loading (Sections 159.165 159.175) 159.165 Required

159.166 Permits Required

• 159.167 Parking Spaces; Number Required

• 159.168 Parking Spaces; Number Required; Computation

• 159.169 Facilities; Minimum Dimensions

• 159.170 Facilities; Development And Maintenance 159.171 Residential Requirements; Prohibited Locations 159.172 Off-Site Facilities

159.173 Boats And Trailers 159.174 Sight Restrictions 159.175 Exceptions

159.165 Required

1. Except as otherwise provided in § 159.175, accessible off-street parking facilities for the parking of motor vehicles shall be provided in connection with the erection or increase by units or dimensions of any building or structure as set forth in this subchapter.

2. 1. The schedule of requirements for off- street parking space and off-street loading space applicable to newly erected or altered structures shall be a continuing obligation of the owner of the real estate so long as the structure is in existence.

   2. It shall be unlawful for any owner to discontinue, change or dispense with the required parking or unloading space.

3. No certificate of occupancy shall be issued upon the completion of any building, or alteration or repair thereto, until all required off-street parking and loading space shall be in place and ready for use.

(1973 Code, § 9-4.901) (Ord. 558, eff. - -)

159.166 Permits Required

A permit shall be required for the establishment of any off-street parking area other than for a single- or 2-family dwelling; provided, however, no permit shall be issued without the express approval of the Building Official.

(1973 Code, § 9-4.902) (Ord. 558, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

159.167 Parking Spaces; Number Required

Off-street parking spaces shall be provided in connection with the erection or increase by units or dimensions or the moving of any building or structure in the following amounts:

1. For one-family and multiple dwelling units, 2 usable parking spaces for each dwelling unit;

2. For hotels and rooming houses, 1 parking space for each 2 guest rooms or 4 beds for guests, whichever requires the greater number of parking spaces; 3. For motels, tourist courts and the like, 1 parking space for each guest room or 2 beds for guests, whichever requires the greater number of parking spaces;

3. For hospitals and sanitariums, 1 parking space for each patient bed;

4. For nursing and convalescent homes, 1 parking space for each 2 patient beds;

5. For churches, funeral homes, theaters, indoor sport arenas and auditoriums, other than those incidental to public and parochial schools, 1 parking space for each 6 seats;

6. For bowling lanes, 6 parking spaces for each lane within the building; 8. For dance halls, skating rinks, lodge halls and exhibition halls without fixed seats, 1 parking space for each 100 square feet of floor area used for dancing, skating or assembly;

7. For stadiums, ball parks and other outdoor sports arenas, 1 parking space for each 6 seats; (The parking area, or any portion thereof, may be located within 1,000 feet of the nearest corner of the property on which the place of assembly is located.)

8. For banks, business, retail stores and professional offices, as set forth in § 159.016;

9. For super markets and shopping centers, as set forth in § 159.016;

10. For general commercial, manufacturing, warehouses and general storage;

11. For the first 50,000 square feet of gross floor area, 1 parking space for each 1,000 square feet of gross floor area;

12. For the second 50,000 square feet of gross floor area, 1 parking space for each 1,500 square feet of gross floor area; and

13. For the balance of the gross floor area in excess of 100,000 square feet, 1 parking space for each 2,000 square feet of gross floor area.

14. For residential care facilities:

15. Small . For small residential care facilities, 2 usable parking spaces; and

16. Large . For large residential care facilities, 1 parking space for each 2 beds.

17. For uses not set forth in this section, as determined by the Commission.

(1973 Code, § 9-4.903) (Ord. 558, eff. - -; Am. Ord. 13-07, eff. 5-22-2013)

159.168 Parking Spaces; Number Required; Computation

1. Mixed uses . In the case of mixed uses, the total requirements for parking and loading space shall be the sum of the requirements of the various uses computed separately, and the parking and loading space for any 1 use shall not be considered as providing the required parking and loading space for any other use.

2. Changes to buildings and uses . Except as otherwise provided in § 159.175, whenever any building is increased in size, whether by units or dimensions, or is moved from one to another lot, or is utilized for new uses, the following provisions shall apply.

   1. Parking based on square feet of building . Any building which is remodeled, altered, or enlarged, thereby increasing the gross floor area thereof to or exceeding any minimum area established, shall provide off-street parking facilities for the entire building.

   2. Parking based on units . Any building which is remodeled, altered or enlarged so as to provide more units shall be required to provide and maintain off-street parking facilities, for additional units, unless the units constitute less than 15% of the original total units, in which case no additional parking facilities shall be required.

   3. Parking for buildings or structures moved from one lot to another . Any building or structure which is moved from one lot to another shall provide parking in the amount required by the provisions of this chapter for a new building or structure.

   4. Parking based on new uses . Whenever any building or structure, or portion thereof, is utilized for a new use or uses which require more parking spaces than the use formerly made of the building or structure, off-street parking shall he provided in an amount not less than that required by the provisions of this chapter for the new use or uses.

3. Fractional spaces . When units or measurements determining the number of required parking spaces result in requirements of a fractional space, any fraction up to ½ shall be disregarded, and fractions of ½ or over shall require 1 parking space.

4. Seats . In stadia, sports arena, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of the seating facilities shall be counted as 1 seat for the purpose of determining the requirements for off-street parking facilities pursuant to the provisions of this chapter.

5. District requirements . In any case, the general parking requirements shall be governed by the standards set forth in § 159.016. If more than 1 standard is applicable in any individual case, the more restrictive regulation shall apply.

(1973 Code, § 9-4.904) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -; Ord. 675, eff. 1-7-1976)

159.169 Facilities; Minimum Dimensions

1. All off-street parking facilities provided pursuant to the provisions of this chapter shall comply with the following minimum dimensions for off-street parking and maneuvering space.

   1. Ninety-degree angle parking . For 90-degree angle parking, each parking space shall be not less than 9 feet wide nor less than 17 feet in length. Maneuvering space shall be not less than 23 feet in width. The total minimum width of the parking area shall be 40 feet.

   2. Sixty-degree angle parking . For 60-degree angle parking, each parking space shall be not less than 8-1/2 feet wide perpendicular to the parking angle nor less than 18 feet in length when measured at right angles to the building, curb or bumper line. Maneuvering space shall be not less than 18 feet in width perpendicular to the building or parking line. The total minimum width of the parking area shall be 36 feet.

   3. Forty-five-degree angle parking . For 45 degree angle parking, each parking space shall be not less than 8-1/2 feet wide perpendicular to the parking angle nor less than 17 feet in length when measured at right angles to the building, curb or bumper line. Maneuvering space shall be not less than 15 feet in width perpendicular to the building or parking line. The total minimum width of the parking area shall be 32 feet.

   4. Thirty-degree angle parking . For 30-degree angle parking, each parking space shall be not less than 8-1/2 feet wide perpendicular to the parking angle nor less than 14 feet in length when measured at right angles to the building, curb or bumper line. Maneuvering space shall be not less than 12 feet in width perpendicular to the building or parking line. The total minimum width of the parking area shall be 26 feet.

2. The Planning Department shall have the authority to establish and/or approve parking stall and maneuvering area dimensions for parking angles other than those set forth in this section.

3. When off-street parking facilities are located adjacent to a public alley, ½ of the width of the alley may be assumed to be a portion of the maneuvering space requirements.

4. A private walk, if provided adjacent to a business building, shall be not less than 6 feet in width and shall be in addition to the minimum requirements for parking and maneuvering space set forth in this section.

5. Except for attendant parking, where off- street parking facilities are provided in excess of the amounts set forth in this section, or when off-street parking facilities are provided, but are not required by the provisions of this chapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space set forth in this section.

(1973 Code, § 9-4.905) (Ord. 558, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.170 Facilities; Development And Maintenance

1. Purpose . The purpose of this section is to provide safeguards to life, limb and property and to promote the public welfare by providing for the erection and maintenance of curbs or barriers near sidewalk areas and the surfacing and drainage of property which is utilized for:

   1. Off-street parking areas;

   2. Off-street loading or unloading areas;

   3. Off-street pickup and delivery areas; and

   4. Storage, sale, rental and service areas for any type of mobile equipment, goods, materials or objects.

2. Barriers . Except at approved driveways, every off-street parking area, every off-street loading or unloading area, and every storage, sale, rental or service area for any type of mobile equipment, goods, materials or objects shall have erected and maintained thereon barriers which shall be so located as to prevent any portion of a parked vehicle, equipment or object from projecting into the public right-of-way. The required barriers shall be as follows:

   1. For off-street parking areas, there shall be developed and maintained a buffer area between the parking area and the adjacent sidewalk or sidewalk area of not less than 4 feet in total width surrounded by a curbing not less than 6 inches in height and thickness.

   2. For off-street loading or unloading or storage, sale, rental or service areas for any type of mobile equipment, goods, materials or objects, there shall be erected and maintained thereon, adjacent to the sidewalk or sidewalk area, a curb or barrier, at least 6 inches in height and thickness, of either concrete, wood, masonry, iron, steel or other suitable material.

3. Surfacing; drainage . Every off-street parking area, every off-street loading or unloading area, and every storage, sale, rental or service area for any type of mobile equipment, goods, materials or objects shall be surfaced with hard, durable, plant-mix asphaltic paving at least 2 inches thick after compaction or with portland cement paving at least 3 inches thick. All such areas shall be surfaced and graded in a manner that the drainage for the lot shall drain to a centrally located drain, or system of drains, which shall be connected to the nearest storm sewer, or other such system of drainage, as may be approved by the City Engineer, at no cost to the city. No building permit shall be issued for any building with an accompanying parking or service area unless the surfacing and drainage plans for the area have been approved by the City Engineer.

4. Plans; approval . Every person, firm or corporation desiring to establish, change or enlarge an off-street parking area, off-street loading or unloading area, or storage, sale, rental or service area for any type of equipment, goods, materials or objects shall make an application to the Public Works Director for the approval of the facilities. The application shall be accompanied by 3 copies of the layout, grading and paving plans.

5. Backing restricted . Except for single- and 2-family dwellings, no parking area or facility shall be developed and maintained which requires that vehicles back out over the sidewalk or sidewalk area into the adjacent street. All parking areas and facilities, except as otherwise provided in this subsection, shall be designed so that vehicles enter and exit the street right-of-way in a head-on manner.

6. Fences . Whenever any portion of a parking area abuts property zoned for residential use, an approved solid fence shall be erected to a height not less than 4 feet as prescribed by the Building Official.

7. Prohibited uses . Parking areas shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling or servicing of any kind.

8. Lighting . If lighting is provided, the lighting shall be arranged to reflect away from residential areas, public streets and highways.

(1973 Code, § 9-4.906) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.171 Residential Requirements; Prohibited Locations

On any lot in any district where a single-family dwelling is erected, the off-street parking space required by the provisions of this chapter may not be provided in the required front or street side yard area. On any lot in any district used for multiple-family purposes, the off-street parking space and maneuvering area required by the provisions of this chapter shall not be provided in the required front or street side yard area.

(1973 Code, § 9-4.907) (Ord. 558, eff. - -)

159.172 Off-Site Facilities

1. In any case where it is not physically or economically possible to provide required parking on the property being developed the parking requirements may be satisfied by either, or a combination of both, of the following:

2. Subject to Planning Commission approval and such conditions as are deemed appropriate, provide required parking on a nearby property; and/or

   2. Subject to City Council approval submit a cash payment in lieu of the required parking space, in the amount of the space required, to purchase and develop the necessary number of spaces as determined by the unit costs of the latest public parking lot.

3. A property owner who gives or otherwise conveys real property to the city for public parking may receive parking credits as determined and approved by the City Council.

(1973 Code, § 9-4.908) (Ord. 558, eff. - -; Am. Ord. 93-15, eff. 12-22-1993; Am. Ord. 95-5, eff. 6-7-1995)

159.173 Boats And Trailers

In the R-2, R-3 and R-4 Districts, parking, either temporary or permanent, of non-automotive vehicles, such as boats and trailers, within the front yard setback shall be prohibited.

(1973 Code, § 9-4.909) (Ord. 558, eff. - -)

159.174 Sight Restrictions

No obstruction to site distance shall be permitted in front or street side yard setbacks where the site distance is determined to be necessary to the public safety.

(1973 Code, § 9-4.910) (Ord. 558, eff. - -)

159.175 Exceptions

1. The provisions of this subchapter shall not be construed to require the provision of additional parking space or facilities in the event of the reconstruction or alteration of buildings in any commercial or industrial district provided the reconstruction or alteration does not add more than 500 square feet of usable floor space to the building in the aggregate. The provisions of this section shall include any annexed land and/or buildings which have been developed under comparable county zoning.

2. The provisions of this section shall apply as not requiring additional parking space or facilities in the event of reconstruction or structural alterations providing the building was in existence on February 7, 1967. Any reconstruction under these special provisions shall be initiated within 1 year following the removal of the building under the Building Department's demolition requirements or prior to August 7, 1967, whichever is later.

3. Any unimproved lot or building site presently in a commercial or industrial district shall be required to provide off-street parking in an amount equal to that provided by developed property in the immediate vicinity. The final decision for such cases shall rest with the Commission, with appeals made to the Council.

4. The parking requirements for any church or lodge building adjacent to sufficient public parking may be reduced by an amount to be determined by the Commission, with appeals made to the Council.

(1973 Code, § 9-4.911) (Ord. 558, eff. - -; Am. Ord. 585, eff. - -)

159 Mobile Food Vendors (Section 159.180)

159.180 Mobile Food Vendors

159.180 Mobile Food Vendors

1. Findings . The City Council finds as follows:

   1. Mobile food vending has the potential to pose special dangers to the public health, safety and welfare of residents of the city that are not posed by restaurants or food vending from a permanent fixed location.

2. Mobile food vendors who fail to park their vending vehicles correctly may block access to property by the public, or interfere with the regular flow of traffic. Improper parking may also interfere with emergency response personnel or other necessary public services.

   3. Narrow streets, limited on-street parking, crowded sidewalks, and the related safety hazards identified above are all especially severe in the Historic Design Review District of Auburn. Allowing mobile food vendors in those areas of the city would pose an unacceptable threat to public health and safety, and would additionally be detrimental to the density, aesthetic, and cultural concerns of the city as described in Title XV of this code.

   4. The city has an important and substantial public interest in providing regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.

   5. With proper regulation, mobile food vendors can provide additional food choices for Auburn residents and visitors.

3. Applicability . The mobile food vending provisions in § 159.180 shall apply to mobile food vending on private property regulated by the Zoning Ordinance of the Auburn Municipal Code. Mobile food vending being conducted in the public right of way is regulated pursuant to § 72.31.

4. Definitions . For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FOOD or FOODSTUFF . Any substance as defined by Cal. Health and Safety Code § 113781, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

FOOD PREPARATION . Packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce, as set forth by Cal. Health and Safety Code § 113791.

MOBILE FOOD MERCHANT . Any individual that operates or assists in the operation of a vending vehicle in the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.

MOBILE FOOD VENDING . The sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise, of foodstuffs from any vending vehicle.

VENDING OPERATIONS . The sale, display, solicitation, offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.

• VENDING VEHICLE . Any self-propelled, motorized device by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, or used exclusively upon stationary rails or tracks, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise.

self-propelled, motorized device by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, or used exclusively upon stationary rails or tracks, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise.

• 4. Zoning and prohibited locations . 1. Mobile food vendors may be located on property with the following zoning designations: 1. Neighborhood Commercial (C-1) 2. Central Business (C-2) 3. Regional Commercial (C-3) 4. Office Building (OB) 5. Industrial Park (M-1) 6. Industrial (M-2) 7. Light Manufacturing (M-L) 8. Airport Industrial (AI-DC)
• 2. Notwithstanding division (D)(1) of this section, no mobile food vending vehicle may operate in the Historic District areas as illustrated on a map entitled "Prohibited Mobile Food Vending, Private Property" maintained by the Community Development Department. The map may be amended by resolution of the City Council.

3. Mobile food vending operations may be located on vacant property.

4. Permit and license required . 1. Use permit . A mobile food merchant must obtain a use permit prior to commencing vending operations. 2. Business license . A mobile food merchant must obtain a business license prior to commencing vending operations. 3. Old Town & Downtown Business Improvement District (BID) taxes . A mobile food merchant shall be subject to the city's Old Town & Downtown Business Improvement District (BID) Assessments, if conducting business within either district.

5. State Board of Equalization (SBE) documentation . A mobile food vendor shall provide a copy of their resale certificate number demonstrating registration and use tax payment (county pool) information received from SBE for their mobile food vendor businesses.

6. Display . All vending vehicles shall have displayed in a conspicuous place any permits required by this section, or any other applicable law.

7. Parking . 1. A vending vehicle may not park for purposes of vending operations in such a way as to interfere with required parking for existing uses on the site.

8. The area serving the mobile food vending operations shall, at a minimum, consist of gravel, except for construction sites.

9. Sales from vending vehicles . 1. Vending vehicles must be brought to a complete stop and be lawfully parked prior to initiating vending operations. 2. The vending vehicle, signage, tables, and any other objects that are used for vending operations may not be placed so as to interfere with or obstruct access to the site for vehicles or pedestrians. The vehicle and all equipment associated with vending operations shall be positioned in such a way as to ensure safe ingress and egress of patrons and other members of the public to the site.

ions. 2. The vending vehicle, signage, tables, and any other objects that are used for vending operations may not be placed so as to interfere with or obstruct access to the site for vehicles or pedestrians. The vehicle and all equipment associated with vending operations shall be positioned in such a way as to ensure safe ingress and egress of patrons and other members of the public to the site.

3. A mobile food vendor shall not serve customers adjacent to a public sidewalk under circumstances where the vendor, his or her equipment, and his or her customers obstruct passage of the public sidewalk, paths, stairs, walkways, or doorways for all users, including those with mobility disabilities.

4. No signs may be placed in the sidewalk, street, parking spaces, or public right of way. 5. Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.

5. Mobile food merchants operating a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials at one time dispensed from the vending vehicle, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area where mobile food vending is occurring.

6. A vending vehicle must be parked so as to comply with Cal. Health & Safety Code § 114315. 8. A vending vehicle shall be fully self- contained including, but not limited to: mechanical holding units, gas or electric cooking equipment, water tank and hand sinks.

7. Mobile food vendors may operate at 1 location for up to 2 hours in each 24 hour period.

   10. Mobile food vendors shall display a sign which states: "Please do not use bathroom of adjacent businesses unless patronizing business." 11. Only 1 mobile food vendor shall be allowed per parcel or site.

8. [Reserved.] 9. Exceptions .

9. Any mobile food merchant identified in an application for parades, marches, and assemblages or outdoor festivals, submitted pursuant to Chapter 91 and Chapter 92 respectively of this code or a film permit or any other city sponsored or approved event shall be exempt from the requirements of this chapter pertaining to mobile food vending, provided that all of the following conditions are met:

10. The vending vehicle is parked no longer than the duration of the special event to conduct its business.

11. The vending vehicle is parked so as to comply with Cal. Health & Safety Code § 114315.

12. A City of Auburn business license has been obtained prior to operation.

    2. Any mobile food merchant serving a construction site shall be exempt from obtaining a use permit provided that all of the following conditions are met:

       1. Vending vehicles must be brought to a complete stop prior to initiating vending operations.

13. The vending vehicle, signage, tables, and any other objects that are used for vending operations may not be placed so as to interfere with or obstruct access to the site for vehicles or pedestrians. The vehicle and all equipment associated with vending operations shall be positioned in such a way as to ensure safe ingress and egress of patrons and other members of the public to the site.

    3. A mobile food vendor shall not serve customers adjacent to a public sidewalk under circumstances where the vendor, his or her equipment, and his or her customers obstruct passage of the public sidewalk, paths, stairs, walkways, or doorways for all users, including those with mobility disabilities.

    4. No signs may be placed in the sidewalk, street, parking spaces, or public right of way.

    5. Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.

    6. Mobile food merchants operating a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials at one time dispensed from the vending vehicle, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area where mobile food vending is occurring.

    7. A vending vehicle must be parked so as to comply with Cal. Health & Safety Code § 114315.

    8. A vending vehicle shall be fully self-contained including, but not limited to: mechanical holding units, gas or electric cooking equipment, water tank and hand sinks.

    9. Mobile food vendors may operate at 1 location for up to 2 hours in each 24 hour period.

    10. A City of Auburn business license has been obtained prior to operation.

• (Ord. 13-01, eff. 2-13-2013)

• 159 Signs (Sections 159.185 159.198)

159.185 Purpose 159.186 Definitions

159.187 General Provisions

159.188 Sign Permits Required

159.189 Permitted Signs

159.190 Exempt From Sign Permit Requirements

159.191 Prohibited Signs

159.192 Temporary Special Permits

159.193 Sign Standards

159.194 Sign Design Criteria 159.195 Sign Types

159.196 Planned Sign Program 159.197 Non-Conforming Signs 159.198 Removal Of Unsafe Or Illegally Installed Signs

159.185 Purpose

The purpose of this subchapter is to provide minimum standards to safeguard life, health, property and the public welfare, and to preserve the unique character of the City of Auburn by establishing minimum standards and regulations for the size, height, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures in order to accomplish the following results:

1. To promote and maintain healthy commercial centers and property values for effective communication as to the nature of goods and services available while avoiding wasteful, ugly and unsightly competition in signs;

2. To protect and enhance the character of residential neighborhoods, open views and vistas and property values by prohibiting any incompatible sign;

3. To encourage signs which are well designed and pleasing in appearance and to provide incentives and latitude for variety, appropriate design in accordance with civic design controls, including proper spacing and location, and to provide a reasonable and comprehensive system of control over signs, integrated within a part of the general planning program and zoning provisions;

4. To recognize and promote signs which reflect the character of the different districts and communities throughout the community;

5. To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience;

6. To enhance the economic value of the entire community through the regulation of the size, location, design and illumination of all signs; and,

7. To effectuate the paramount intent of the city, as reflected by the following statement: "The city acknowledges the need for business signs, and they can be attractive and add to the city setting. The goal of the city is to have signs which are reasonable in size, height and number and signs which have attractive design, with a blend of colors and materials and location on the building or site which compliments the business and the community."

(Ord. 12-05, eff. 12-19-2012)

159.186 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A-FRAME SIGN . A sign with 2 or more pieces of any rigid material, joined at the top so as to form an "A" when viewed in profile, which is not permanently affixed to the ground or a building, and which is otherwise consistent with the definition of a sign.

ABANDONED SIGN . A sign that advertises or otherwise identifies a business or activity which has been discontinued on the premises for a period of 60 days or more.

ANIMATED SIGN . A sign employing actual motion or the illusion of motion. Animated signs include the following:

1. Electrically activated . Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of 1 or both of the classifications noted below:

   1. Flashing . Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination.

   2. Patterned illusionary movement . Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

2. Environmentally activated . Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

3. Mechanically activated . Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

AWNING . Any movable or fixed structure attached to a building and projecting over a thoroughfare or sidewalk.

AWNING SIGN . A sign displayed on or attached flat against the surface or surfaces of an awning.

BALLOON . A bag that is filled with heated air or a gas lighter than air so as to rise and float in the atmosphere.

BANNER . A temporary sign constructed of a strip of cloth, paper, plastic, or other flexible material upon which copy is written and which is supported between poles or sticks or fastened to buildings or other structures.

BILLBOARD . A permanent sign in a fixed location which meets any one or more of the following criteria:

1. An off-site outdoor advertising sign on which space is leased or rented.

2. It is used, in whole or in part, for the display of off-site commercial messages.

3. It constitutes principal, separate or secondary use, as opposed to an accessory, ancillary or appurtenant use, of the parcel on which it is located.

4. An outdoor sign used as advertising for hire or general advertising, which display space is made available to parties other than the owner of the sign or the property on which it is placed.

BUILDING COMPLEX . A development of 2 or more commercial buildings, tenants, or uses, intended to function in a joint manner, regardless of sequence of build-out. Characteristics of a building complex may include, but are not limited to, shared parking facilities, reciprocal access, and common building design. A building complex may include multiple tenants or owners, freestanding pad buildings, and may be situated on 1 or more lots or parcels.

BUILDING FRONTAGE . The building façade that abuts a public street, private street, parking lot driveway or parking spaces in which main public access is provided to the establishment.

BUILDING OFFICIAL . The City of Auburn Building Official.

BUILDING WALL . The vertical face of the building.

CABINET SIGN . A permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglas/lexan face. Also known as a can sign or boxed cabinet sign.

CALIFORNIA BUILDING CODE . The latest edition of the California Building Code.

CANOPY . An ornamental roof-like structure.

CAN SIGN . See Cabinet Sign.

CHANGEABLE COPY SIGN . A sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than once per day shall be considered an animated sign and not a changeable copy sign for the purposes of this subchapter.

CITY COUNCIL . The City Council of the City of Auburn.

CLEAR VISION TRIANGLE . The required clear cross-visibility area unobstructed by any sign structure between 36 inches and 7 feet above the surface of the public sidewalk as follows:

1. At any corner formed by the intersection of a driveway/alley, the cross-visibility area shall be a triangle having 2 sides 15 feet long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the 2 ends.

2. At any corner formed by the intersecting streets, the cross-visibility area shall be a triangle having 2 sides 35-feet long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the 2 ends.

==> picture [219 x 234] intentionally omitted <==

COMMERCIAL MESSAGE . Any sign wording, logo or other representation that names or advertises a business, product, service or other commercial activity.

COMMISSION . The City of Auburn Planning Commission or City of Auburn Historic Design Review Commission as the reference may dictate.

COMMUNITY DIRECTIONAL SIGN . An off-site sign on private property informing of the location of a community service organization, public facility or church.

DEPARTMENT . See Community Development Department above.

DIRECTIONAL SIGN . An on-site sign designed to guide vehicular or pedestrian traffic that does not promote or advertise a business, property or product.

DIRECTOR . The Planning Director or designee.

DIRECTORY SIGN . A sign which provides sign area for more than 1 occupant and which may be freestanding or attached to a building wall.

DISPLAY SURFACE . The surface of the sign upon or against which the message is displayed or illustrated on the sign.

DOUBLE-FACED SIGN . A sign designed to be viewed from 2 directions, and the faces are either parallel or at an angle not to exceed 45 degrees. Signs greater than 45 degrees shall be considered separate signs.

FLAG . The term "sign" shall not include the flag of the United States of America or the state, nor any support frame or standard which is used exclusively for the display of any such flag.

FLASHING SIGN . An illuminated sign in which the artificial light is not maintained in a stationary or constant intensity and which is visible from the outside.

FREESTANDING SIGN . A sign which is supported by 1 or more uprights, poles or braces or attached to a fence, planter, wall, retaining wall or other structure not an integral part of any building upon the premises.

FREEWAY . A highway to which the owners of abutting lands have no right of easement or access or to which owners have only limited or restricted rights of easement or access and which is declared to be in compliance with the Streets and Highways Code of the state.

GRAPHIC . A representation of an object drawn upon a 2-dimensional surface.

HISTORIC DESIGN REVIEW COMMISSION . The approving authority for projects located within the Historic Design Review District.

HOME OCCUPATION SIGN . A sign located at a residence advertising a business, profession, or occupation conducted in the residence or by persons residing in the residence.

ILLUMINATED SIGN . A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).

MANSARD SIGN . A sign which is attached to a mansard style roof with the face parallel to the structure to which it is attached. A mansard sign shall be considered a wall sign.

MENU BOARD . A free-standing sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has not more than 20% of the total area for such a sign utilized for business identification.

MONUMENT SIGN . A freestanding sign with a solid or decorative base.

MULTI-FAMILY RESIDENTIAL SIGNS . Signs intended to identify a multi-family residential development (e.g., apartments).

MURAL . A scene painted or otherwise affixed on and made an integral part of a wall surface.

NEON SIGN . A sign using neon gas for illumination and composed of numerous letters or parts.

NONCOMMERCIAL MESSAGE . A message which is not commercial in nature. Such messages typically relate to debatable matters of public concern, such as, by way of example and not limitation, advocacy on politics, religion, arts, science, philosophy, commentary on governmental policy, etc.

OFF-PREMISE SIGN . Any sign which advertises goods sold, manufactured or produced or services or uses rendered not at the location where the sign is placed.

ON-PREMISE SIGN . Any sign which advertises goods sold, manufactured or produced or services or uses rendered at the location where the sign is placed.

PENNANT . Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, attached to a rope, wire or string, usually in series, designed to move in the wind and attract attention.

PLANNED SIGN PROGRAM . Coordinated sign criteria established for a building complex.

PLANNING COMMISSION . The Planning Commission of the city.

PLANNING DEPARTMENT . City of Auburn Planning Department, which for the purposes of this subchapter shall be synonymous with the Director as defined below.

PORTABLE SIGN . Any sign not permanently attached to the ground or to a building or building surface.

PROGRAMMABLE WINDOW SIGN . An electronic visual display, such as a computer monitor, television screen, or digital photo frame, which displays a static image or message for at least 30 seconds without changing, located within 24 inches of the surface of a window with the message intended to be visible to and readable from the public way or from adjoining property. A programmable window sign with a message more than once every 30 seconds shall be considered an "animated sign".

PROJECTING SIGN . A sign other than a wall sign which projects from and is supported by a wall or roof of a building, structure or sign structure.

RACEWAY . A channel box that holds sign letters in place and houses the electrical wiring of a sign.

REAL ESTATE SIGN . A sign placed upon real property to advertise that the property upon which the sign is placed, or any piece or parcel thereof, or any interest therein, is for sale, exchange, lease or rent.

ROOF SIGN . A sign and/or structure erected upon a roof, canopy or parapet of a building or structure.

SANDWICH SIGN . See "A-Frame" sign.

SEASONAL SIGN . Signs which are displayed on-site in conjunction with an approval of a seasonal event such as pumpkin patches, Christmas tree lots and firework displays.

SIGN . Every sign, billboard, freestanding sign, portable freestanding sign, wall sign, roof sign, illuminated sign, painted sign, mural, projecting sign, temporary sign and street clock and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person when the same is placed so that it is clearly visible to the general public from an out-of-doors position.

SIGN AREA . The area of a sign determined by circumscribing the exterior limits of the perimeter of 1 side of the sign.

SIGN COPY . The particular lettering or graphics used to identify the business.

SIGN STRUCTURE . The supports, uprights, braces and framework of a sign.

STREET . Any street, alleyway, place or thoroughfare.

STRUCTURE . That which is built or constructed, any edifice or building or any kind or any piece of work artificially built up or composed or parts joined together with some definite manner.

TEMPORARY SIGN . A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building sign structure that is permanently embedded in the ground, are considered temporary.

TENANT INFORMATION SIGN . A sign used to identify the occupant's name and address.

TRADE CONSTRUCTION SIGN . A sign adverting various construction trades on any construction site. The sign shall not be installed prior to construction and shall be removed before a certificate of occupancy is issued.

UNDER CANOPY SIGN . A sign attached to the underside of a canopy or marquee.

USE . A purpose or activity for which the land or building is designed, arranged or intended or for which is occupied or maintained to function as a separate unit.

VEHICLE/TRAILER MOUNTED SIGN . A sign mounted on a vehicle or trailer that is used for general advertising or advertising for hire. A vehicle which advertises the company of its primary use is not considered a vehicle mounted sign.

WALL SIGN . A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than one foot from the building or structure wall, including signs affixed to architectural projections from a building.

WINDOW SIGN . A sign or device affixed or applied to, or located within 24 inches of, the surface of a window with its message intended to be visible to and readable from the public way or from adjoining property.

(Ord. 12-05, eff. 12-19-2012)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.187 General Provisions

1. Signs shall only be erected or maintained in compliance with this subchapter. The number and area of signs as outlined in this subchapter are intended to be maximum standards, which do not necessarily ensure architectural compatibility. The review authority shall consider a sign's relationship to the overall appearance and scale of the site, buildings and the surrounding community, in addition to the standards of this subchapter.

2. It is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, a sign within the City of Auburn except in conformance with this subchapter.

3. The city's sign design criteria (§ 159.194) will be used in the evaluation of sign permit applications to ensure that signs meet the standards set forth in this subchapter and as much as possible accomplish the purposes described above (§ 159.185).

4. Noncommercial sign . Noncommercial sign copy is allowed wherever commercial signage is permitted and such signs are subject to the same standards and total maximum allowances per site, building, or each design type specified in this subchapter. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this subchapter, all noncommercial speech messages shall be deemed to be "on-site" regardless of location.

5. Substitution of noncommercial message . Subject to the consent of the property owner, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed pursuant to this subchapter. Design criteria which may apply to commercial signs shall not apply to noncommercial signs, including the following: color, lettering style, and compatibility with other signs on the same parcel or other signs subject to a sign program. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement. When a noncommercial message is substituted for any other message, the sign is still subject to the same locational and structural regulations, such as size, height, illumination, maintenance, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other noncommercial message. In the event of any perceived or actual conflict between the general provisions of this section and other specific provisions in this subchapter, the provisions of this section shall prevail.

e, height, illumination, maintenance, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other noncommercial message. In the event of any perceived or actual conflict between the general provisions of this section and other specific provisions in this subchapter, the provisions of this section shall prevail.

6. Substitution of commercial messages . The substitution of 1 commercial message for another commercial message shall be subject to all applicable standards contained in this subchapter. The substitution of a commercial message for a noncommercial message shall also be subject to the regulations in this subchapter. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

7. Severability clause . Should any provision of this subchapter or a subsequent amendment thereto be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title shall remain in full force and effect.

• (Ord. 12-05, eff. 12-19-2012)

159.188 Sign Permits Required

1. Signs shall only be constructed, displayed or altered after sign permit approval by the review authority.

2. It shall be unlawful for any person to post a sign or notice of any kind upon any property without the consent of the owner, excepting there from public officers or employees in the performance of a public duty, or a private person giving legal notice.

3. A planned sign program as identified in § 159.195 must have sign permit approval by the review authority.

4. Signs in the Historic Design Review District shall be approved subject to the provisions of §§ 159.490 et seq . and § 159.114(B) of the Auburn Municipal Code.

5. Application filing . Sign permit applications shall be filed on the forms provided by the department and shall include all information required therein.

6. Fee . Sign permit applications shall also be accompanied by the required filing fee. Fees shall be established pursuant to a resolution of the Council. 7. Review and decision .

   1. The Director shall have the authority to approve, modify, or disapprove sign permit applications and planned sign programs.

   2. Sign exception . The Director may approve a sign exception to deviate from the sign standards specified in this subchapter if there are unique circumstances or conditions which apply to the buildings, land, signs, or uses. Examples of potential circumstances include:

      1. Wall sign area may be transferred from one wall façade to another in unique circumstances provided the total square footage of the wall signage complies with this subchapter.

      2. The new sign is more conforming in area and/or height than the existing sign.

      3. The new sign is in keeping with the historic value of the original sign.

      4. Increase the total allowable area of a banner sign consistent with § 159.194(B).

8. Appeals .

1. Appeal of the Director's determination . Any person may appeal a decision of the Director pursuant to Chapter 162 of this Municipal Code. Projects located within the Historic Design Review District shall be appealed to the Historic Design Review Commission. All other actions shall

be appealed to the Planning Commission.

2. Appeal of Commission decision . Any person may appeal a decision of the Planning Commission or the Historic Design Review Commission to the City Council pursuant to Chapter 162 of this Municipal Code.

3. Business license requirements .

   1. A sign permit shall be submitted and approved prior to the issuance of a business license if a sign is proposed for the business.

   2. Notification of the permit requirements shall be included in the business license application.

(Ord. 12-05, eff. 12-19-2012)

159.189 Permitted Signs

1. The following sign types shall be allowed subject to approval of a permit in accordance with § 159.188 and the standards identified in § 159.194. 1. "A" frame or sandwich signs

   2. Automobile sales signs 3. Banner/pennant signs 4. Building complex signs 5. Community directional signs 6. Directional signs 7. Directory signs 8. Freestanding signs 9. Menu/order board signs

   3. Motor vehicle fuel signs 11. Multi-family residential signs 12. Programmable window signs 13. Projecting, overhead, and suspended signs 14. Subdivision signs 15. Undercanopy signs 16. Wall signs 17. Window signs

   4. Murals, graphics, time and temperature, and barber poles, as reviewed on an individual basis

(Ord. 12-05, eff. 12-19-2012)

159.190 Exempt From Sign Permit Requirements

1. The following signs are allowed without a sign permit provided that they comply with §§ 159.192 and 159.194 of this subchapter, and obtain any required building permit. 1. Government signs . Signs for traffic, safety, street identification, government services, emergency services, historical locations, interpretive and wayfinding signs, city-sponsored events, or as authorized by City Council.

   2. Required signs . Official notices required by law, a court, or other government agency.

   3. Temporary non-commercial signs. 4. Signs for utility facilities and buildings. 5. Signs for public telephones. 6. Real estate signs. 7. Signs advertising a garage or yard sale. 8. Seasonal signs. 9. Signs on public transportation vehicles.

   4. Signs on company vehicles. 11. Tenant information sign. 12. Trade construction signs. 13. Address numbers not exceeding 12 inches in height. 14. Official flags of national, state, or local governments, or nationally recognized fraternal, public service, or religious organizations. 15. Illumination, patterns, pictures, and/or symbols approved as architectural ornamentation or decoration by the appropriate review authority. 16. Historical plaques, memorials, building cornerstones, and date-constructed stones; provided, that none of these exceed 4 square feet in area. 17. Signs created by landscaping (e.g., all of the letters and/or symbols are composed entirely of approved landscape elements).

atterns, pictures, and/or symbols approved as architectural ornamentation or decoration by the appropriate review authority. 16. Historical plaques, memorials, building cornerstones, and date-constructed stones; provided, that none of these exceed 4 square feet in area. 17. Signs created by landscaping (e.g., all of the letters and/or symbols are composed entirely of approved landscape elements).

18. Small, temporary signs, otherwise in compliance with the duration, number, and size requirements of this subchapter, that address noncommercial issues.

19. Signs and structures located within the right-of-way which, by tradition or designation, are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertisement is authorized, and newspaper racks, provided that such structures shall have either been placed in the right-of-way by the city or received approval from the city.

(Ord. 12-05, eff. 12-19-2012)

159.191 Prohibited Signs

1. All signs not expressly allowed by this subchapter shall be prohibited. Examples of prohibited signs include the following: 1. Abandoned signs.

   2. Banner signs used as permanent signs.

   3. Animated, moving, flashing, blinking, reflecting, revolving or any other similar moving or simulated moving signs.

   4. Flying, inflatable, or tethered signs or devices, such as blimps, balloons, kites, pennants, streamers and flags, designed to be kept aloft by mechanical, wind, chemical, or hot air means; except in conjunction with an athletic event, carnival, circus, or fair, or as otherwise authorized by this subchapter.

   5. Home occupation signs.

   6. Off-premise signs (except as permitted by § 159.195(K)).

   7. Roof signs, including signs painted on the roof.

   8. Signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of characters, symbols, or words in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic.

   9. Signs with reflective materials.

   10. Signs on public property or in a public right-of-way, except as otherwise authorized by this subchapter.

   11. Signs tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles (including utility and street name), stakes, electrical transformers or other accessory structures.

   12. Temporary vehicle mounted or trailer-mounted signs. Vehicles displaying signs may not be parked for the primary purpose of commercial advertising. Vehicles may not be used as mounting or holding devices for commercial signs. Signs on vehicles are allowed, without sign permits, only when the copy or message (i) relates only to the business or establishment of which the vehicle itself is a part; (ii) pertains to the sale, rent, lease or hire of such vehicle; or (iii) is a noncommercial message.

• (Ord. 12-05, eff. 12-19-2012) Penalty, see § 159.999

159.192 Temporary Special Permits

1. The Director may grant a temporary special permit, with conditions as deemed necessary, for signs advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the city when the Director determines that the signs will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property or improvements.

   2. The City Council may also establish temporary interim sign criteria from time to time in response to unique and/or special circumstances that may arise in the city, or portions thereof. The interim criteria must be adopted by resolution of the Council and only after determining that the interim sign regulations are necessary and will not be materially detrimental to the public welfare, interest or safety, or injurious to the adjacent property or improvements. Temporary special sign permits must be obtained from the Director prior to the erection and/or installation of any permitted temporary signs which may only be granted in strict compliance with any specific conditions and time limitations contained therein.

• (Ord. 12-05, eff. 12-19-2012)

159.193 Sign Standards

1. Sign area, height, size, location, setback . Sign standards such as area, height, size, location, and setback requirements for each type of sign shall comply with the standards of this section.

2. Method of measuring of sign area and height . The area and height of signs shall be measured as provided by this section.

   1. Sign area - freestanding sign . The sign area includes the display face and other communicative elements of the sign. It does not include embellishments such as a monument base, pole covers, framing or decorative roofing, provided that there is no advertising copy on or attached to such embellishments. If the freestanding sign is double faced, only 1 face is used to calculate sign area. If the freestanding sign has more than 2 faces, only one side of each face is used to calculate the sign area.

   2. Sign area - wall sign . The sign area includes the total area of the sign, including all structures framing the sign, such as background embellishments or the area contained within a rectangle or square drawn completely around the display surface, or drawn completely around the individual letters or logos.

==> picture [200 x 264] intentionally omitted <==

3. Sign height - freestanding sign . Sign height shall be measured as the vertical distance from grade adjacent to the base of the sign footing, to the top of the sign, including the support structure and any design elements. An artificial grade shall not be used to calculate sign height if the artificial grade was established for the sole purpose of elevating the grade adjacent to the base of the sign footing for purposes of sign measurement.

(Ord. 12-05, eff. 12-19-2012)

159.194 Sign Design Criteria

Each sign in the city shall comply with the following requirements as well as the applicable provisions of any adopted Planned Sign Program. Signs located in the Auburn Historic District(s) are also subject to the City of Auburn Historic Preservation Architectural Design Guidelines.

1. Relationship to structures . Building wall and fascia signs shall be compatible with the predominant visual elements of the structure(s), including construction materials, color, or other design features consistent with § 159.194. Building complexes and other similar facilities shall be required to develop a sign program in compliance with the provisions of this subchapter, and shall provide a compatible visual design common in theme to all applicable structures and uses.

2. Relationship to other signs . Where there is more than 1 sign on a site or building, all permanent signs displaying a commercial message shall have designs that similarly treat or incorporate the following design elements:

   1. Letter size and style of copy;

   2. Shape of total sign and related components:

      1. Type of construction materials,

      2. Sign/letter color and style of copy,

      3. Method used for supporting sign (i.e., wall or ground base),

      4. Type of illumination, and

      5. Location.

3. Sign illumination . Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties. Externally illuminated signs shall be lighted by screened or hidden light sources.

4. Materials and colors . All permanent signs shall be constructed of durable materials, which are compatible in kind or appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to ceramic tile, sand blasted, hand carved or routed wood, channel lettering, concrete, stucco or stone monument signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

5. Construction and maintenance . Every sign including all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations, and shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. The premises around the sign shall be maintained by the owner and kept clear of all obnoxious substances, rubbish and weeds. All temporary signs, banners and balloons shall be constructed and mounted in such a manner that they shall not rip, shred, tear or blow away by exposure to normal weather conditions.

6. Relationship to streets/public rights-of- way . Signs shall be designed and located to not obstruct any pedestrian, bicyclist, or driver's view of the public right-of-way.

7. No sign shall be located in or project into the present or future right-of-way of any public street unless specifically authorized by other provisions of this section.

   2. No sign shall interfere with the sight distance of motorists and cyclists proceeding on or approaching adjacent streets, alleys, driveways, or parking area(s), or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways as determined by the City Engineer.

   3. No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than 15 feet above the surface of the driveway.

   4. Signs suspended over, or projecting into, the area above a pedestrian way shall be situated at a height above ground level consistent with the requirements of the California Building Code.

   5. Screening . To minimize the visual mass and projection of the sign, all electrical transformer boxes and raceways shall be concealed from the public right-of-way and adjacent properties. If a raceway cannot be mounted internally behind a finished exterior wall, the exposed metal surfaces of the raceway shall be finished to match the background wall, or integrated into the overall design of the sign. All exposed conduit shall be concealed from public view.

• (Ord. 12-05, eff. 12-19-2012) Penalty, see § 159.999

159.195 Sign Types

1. Automobile sales promotional signage . Special promotional signage consisting of bunting, banners, flags, posters, pennants, ribbons, streamers and similar articles shall be permitted in association with commercial automobile sales only, subject to the following conditions:

   1. The signage shall only be permitted on commercially zoned properties.

   2. The signage shall be installed totally on the property at which the event is being conducted.

   3. Balloons over 14 inches in diameter and other inflatable devices shall be prohibited.

   4. Balloons under 14 inches in diameter may be used on weekends and holidays only.

   5. No part of the promotional signage (banners, flags, balloons and the like) shall exceed the maximum height of the building on the site.

   6. The requirements of all concerned governmental agencies having jurisdiction by law shall be met, including, but not limited to the Building Department, Fire Department, and Cal Trans.

   7. No sign shall be erected or maintained within the clear vision triangle.

2. Banner/pennants signs .

1. Number . Any number, but not exceeding size limit per this section.

2. Location . Banners shall be located on the site of the tenant or use and shall not be erected or maintained within the clear vision triangle.

3. Size/area . The maximum size of all banners shall be 50 square feet in total. The Director shall have discretion to approve a sign exception to increase the total allowable area when, due to unique circumstances (e.g., the length of a building frontage; the percentage of a building frontage covered; the facing or orientation of a building), a larger banner(s) would be appropriate.

4. Duration . A banner may be allowed for a period of time not to exceed 40 calendar days per year.

   5. The sign permit application shall include the dates proposed by the applicant for scheduled banner use.

5. Building complex signs . A building complex shall be considered as a single entity, without regard to whether it consists of more than 1 lot or parcel. Each building complex may erect and maintain signage pursuant to the following:

   1. All signs shall comply with the provisions of this subchapter except as provided below.

   2. Sign criteria for the building complex shall be established through a planned sign permit program pursuant to § 159.196 of this subchapter.

   3. Freestanding signs .

      1. Number . Each building complex may erect and maintain 1 freestanding sign. Additional freestanding signs may be permitted upon approval of a use permit by the Planning Commission if the building complex has more than 1 street frontage and/or has an individual street frontage that is greater than 300 feet long with more than 1 project entrance.

      2. Location . No more than 1 sign shall be placed on each street, unless additional signs are approved pursuant to division (C)(3)(a) above. All signs are subject to the requirements of the clear vision triangle.

      3. Area . The maximum allowable sign area shall be 40 square feet. The maximum sign area may be increased to 60 square feet for a lot with a street frontage of at least 200 feet. The maximum sign area may be increased to 80 square feet for a lot with a street frontage of at least 300 feet. The area of each sign is determined based on the length of the frontage on which the sign is placed.

      4. Each sign shall utilize a consistent design.

      5. The colors and materials of the sign(s) base and or casing/housing shall be compatible with the colors and materials of the building complex.

      6. Landscaping . Landscaping shall be provided at the base of the sign pursuant to § 159.195(G)(5).

   4. Wall signs .

      1. The size of the letters and the spacing shall be balanced for the tenants within the building complex providing minimum and maximum letter heights.

      2. Signs throughout the building complex shall be consistent in appearance.

   5. Directory signs . As permitted by § 159.195(F).

6. Community directional signs .

   1. Number . As determined by the Director.

   2. Area . Each community directional sign shall not exceed 4 square feet in sign area.

   3. Location . Off-site community directional signs may only be situated on private property and shall not be located within the clear vision triangle.

   4. The signs shall be crafted, generally made of wood, metal or other natural hard materials.

7. Directional signs .

   1. Number .

      1. One directional sign is permitted for each 1-way driveway;

      2. One directional sign is permitted for each drive through aisle;

      3. One directional sign is permitted for each service or delivery entrance; and

      4. Additional directional signs are permitted to satisfy a health and safety need.

8. Area . The area of each sign shall not exceed 4 square feet.

9. Height . The height of the sign, including the base, shall not exceed 4 feet from grade to the top of the sign.

10. Corporate colors may be utilized; however, corporate logos shall not be applied to the sign.

11. Location . Directional signs shall not be located within the clear vision triangle.

6. Directory signs .

1. Number . Each building with more than 2 tenants is permitted 1 directory sign. Sign may be freestanding or wall mounted.

2. Area . The area of each sign shall not exceed 16 square feet.

3. Height . The height of the sign, including the base, shall not exceed 6 feet from grade to the top of the sign.

4. Location . Directory signs shall not be located within the clear vision triangle.

7. Freestanding signs for individual uses .

1. Number . Each individual use may erect and maintain 1 freestanding sign, regardless of whether a use is conducted on more than 1 contiguous parcel. Additional freestanding signs may be permitted upon approval of a use permit by the Planning Commission if the use has more than 1 street frontage and/or has an individual street frontage that is greater than 300 feet long with more than 1 project entrance.

2. Location . No more than 1 sign shall be placed on each street, unless additional signs are approved pursuant to division (G)(1) above. All signs are subject to the requirements of the clear vision triangle.

3. Height .

   1. Citywide . The maximum height shall be 15 feet, except as otherwise provided by this subchapter.

   2. Oldtown and Downtown Historic Design Review Districts . The maximum height shall be 10 feet.

   3. Highway 49/Elm Commercial area . The maximum height shall be 25 feet for properties located within the areas delineated on a map maintained by the Planning Department. The map may be amended by resolution of the City Council.

   4. Airport Industrial Design Control (AI-DC) Zone . The maximum height shall be 10 feet.

4. Area . 1. The maximum allowable sign area shall be 40 square feet. The maximum sign area may be increased to 60 square feet for a lot with a street frontage of at least 200 feet. The maximum sign area may be increased to 80 square feet for a lot with a street frontage of at least 300 feet. The area of the sign is determined based on the length of the frontage on which the sign is placed.

   2. Airport Industrial Design Control (AI-DC) Zone . A maximum of 60 square feet (each side if double sided) shall be permitted.

5. Landscaping . Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of 1 face of the monument sign. The review authority may waive or modify this requirement on a case-by- case basis for small monument signs or where existing site conditions preclude this requirement.

8. Menu/order board signs for individual uses .

1. Number . Each establishment with a drive through facility is permitted a maximum of 2 menu/order board signs.

2. Location .

   1. The sign shall be located adjacent to the drive through aisle.

3. The sign shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive aisle.

4. Area . The area of each sign shall not exceed 32 square feet.

5. Height . The height of the sign including the pole or base shall not exceed 6 feet from grade to the top of the sign.

9. Motor vehicle fuel and service station signs .

1. Freestanding signs . Each motor vehicle fuel or service station may erect and maintain 1 freestanding sign as permitted by this subchapter. 2. Motor vehicle fuel price signs . 1. Number . Each use dispensing any motor vehicle fuel at retail to the general public shall be permitted to erect and maintain 1 freestanding fuel price sign for the primary purpose of advertising motor vehicle fuel prices. 2. The sign shall comply with § 159.195(G) of this code as well as the provisions of California Business and Professions Code regarding display requirements.

2. Area . The maximum area of the fuel price sign, excluding the base or embellishments, shall be 75 square feet.

3. Electronic changeable signs may be used to display motor vehicle fuel price information, except in the Old Town and Downtown design review district. Electronic changeable display shall be limited to the portion of any sign structure devoted exclusively to display of motor vehicle fuel price information required or permitted by the California Business and Professions Code. Sign displays shall remain static and may not change more than once per 12-hour period.

4. Location . No freestanding sign over 3 feet high shall be erected or maintained within the clear vision triangle.

5. Wall signs . Wall signs on the motor vehicle fuel and service station building shall comply with § 159.195(Q) (wall sign criteria for individual businesses). 4. Canopy signs . 1. Wall signs are permitted on the fuel canopy. Such signs shall comply with § 159.195(Q) of this code and shall be considered separately from the main building.

6. Area . The maximum allowable area shall be 1 square foot of sign area for each 10 lineal feet of the canopy.

7. Spandrel signs . Spandrel signs are permitted between the canopy supports. The maximum allowable area shall be 1 square foot of sign area for each 10 lineal feet of the spandrel. The allowable sign area for spandrel signs shall be determined separate from the area for wall signs.

8. Signs advertising the price of each grade of gasoline may be placed on each gasoline pump.

9. Multi-family residential signs .

10. Number .

    1. One freestanding identification sign per project entry.

    2. One wall sign.

    3. One directory sign per building.

11. Area . 1. The maximum area of each freestanding sign or sign mounted on a fence or wall shall be 32 square feet. 2. The maximum total area for the wall sign shall be 1 square foot per 10 lineal feet up to a maximum of 32 square feet.

12. Height .

    1. The maximum height of a freestanding sign shall be 4 feet.

    2. The maximum height of a sign mounted on a fence or wall shall be 6 feet, including the height of the fence or sound wall.

13. Location . Freestanding signs shall be located outside the clear vision triangle.

14. Off-premise signs . Except as otherwise provided by this subchapter, all off-premise signs shall comply with the following, in addition to any other permit requirements under this subchapter or any other provision of the code:

15. A use permit shall be approved by the Commission.

16. The applicant must demonstrate that the sign is necessary because of unusual access to the commercial business establishment.

17. No sign shall be erected or maintained on premises used for residential purposes.

18. No sign shall overhang public property, nor shall it violate the terms of height restrictions.

19. No sign shall be located within 660 feet of Interstate 80 (I-80) right-of-way.

20. There shall be no more than 1 off- premise sign on any 1 parcel.

21. Visual access to an existing sign shall not be blocked or impaired.

22. All such signs shall comply with the provisions for setbacks in the district located therein.

23. The maximum size shall be 100 square feet.

24. Scenic route viewsheds identified in the General Plan shall be protected.

25. Location . No sign shall be located within the clear vision triangle.

26. Projecting, overhead, and suspended signs . The following standards shall apply to all projecting, overhead, or suspended signs (other than undercanopy signs) in all zones where allowed by this subchapter:

1. Projecting signs .

1. Projecting signs shall only be allowed in the Old Town and Downtown design review districts.

2. The sign and the copy shall be perpendicular to the wall of the building to which it is attached.

3. Overhead and suspended signs . Signs may be placed parallel to the street.

4. The following standards shall apply to all projecting, overhead, and/or suspended signs:

   1. The sign area shall apply to a tenant's allowable wall sign area.

   2. The minimum horizontal clearance between a sign and the curb line shall be as specified by the California Building Code.

   3. The top of a projecting sign shall not exceed the lesser of 14 feet, eave height, parapet height, or sill height of a second floor window.

   4. The minimum clearance from the bottom of the sign to the finished grade shall be as specified by the California Building Code.

   5. Icon using shapes or symbols uniquely suited for the business, creative shapes, and 3 dimensions signs are encouraged. 6. Each sign shall be graphically designed for pedestrians.

   6. Sign supports shall be well- designed and compatible with the design of the sign.

5. Real estate signs . Real estate signs shall be placed upon the property to which it pertains only in accordance with the following regulations. 1. The signs shall not be affixed to trees or shrubs. 2. No sign shall be placed so that any portion is more than 7 feet above the average ground level. 3. The signs shall not be illuminated, directly or indirectly. 4. Not more than 1 real estate sign may be placed on any 1 parcel of real property. However, when a parcel of real property is larger than 3 acres in size, 2 real estate signs may be placed thereon at least 500 feet apart. For the purposes of this section, all contiguous parcels of real property owned by the same owner shall be deemed to be 1 single parcel of real property.

6. Location . Signs shall not be placed within 5 feet of any boundary line of the real property. No sign shall be located within the clear vision triangle. 14. Subdivision signs . 1. Off-site subdivision signs . New residential subdivisions are generally located some distance away from the major vehicular entrances to the city, and the public requires additional off-site direction to the subdivisions. Notwithstanding the general billboard prohibition, it is the intent of this subchapter to provide such directional signage.

7. Number . The minimum separation between off-site subdivision signs shall be 1,000 feet.

8. Location .

   1. Standard setback . Off-site freestanding signs shall maintain a minimum setback of 5 feet to the nearest property line.

   2. Freestanding signs shall be located outside the clear vision triangle.

   3. Off-site subdivision signs may be located on vacant property in accordance with this section. A sign located on occupied property may be considered by the Director on a case-by-case basis.

9. Overall sign size .

10. Height : Maximum sign height of 10 feet.

11. Width : Maximum sign width of 10 feet.

12. Display area .

    1. Multiple display areas shall be provided on each off-site sign for individual subdivisions.

    2. Panel size for individual subdivisions shall be a maximum of 2 feet by 7 feet.

13. Design .

    1. The design of all off-site subdivision signs shall be consistent citywide.

    2. Off-site subdivision signs shall be freestanding and contain not more than 2 sides.

14. Placement and removal . 1. Upon approval of a sign permit, no off-site subdivision sign shall be erected until application for plan check has been filed for a house or model home within the subdivision.

    2. A subdivision name shall be removed from the sign within 30 days of the sale of the final lot in the subdivision.

    3. Off-site subdivision signs shall be removed if no subdivision has been advertised on it for a period of 60 days.

15. On-site subdivision signs .

    1. Number .

       1. No more than 2 freestanding signs shall be permitted at each subdivision entrance.

       2. No more than 2 wall signs shall be permitted at each subdivision entrance.

2. Location .

1. On-site signs may be located on either 1 or both sides of the subdivision entrance or within a landscaped entry median.

2. Signs shall be located outside of the clear vision triangle.

   3. Wall signs may be mounted on an entry wall or sound wall on 1 or both sides of the subdivision entrance road.

   4. Area .

      1. The maximum area of a single sign shall be 32 square feet.

      2. The maximum sign area for all signs at 1 subdivision entry shall be 64 square feet.

   5. Height . The maximum height of a freestanding sign shall be 4 feet.

3. Temporary non-commercial signs . Temporary signs and banners are permitted in all zones subject to the following regulations.

4. Location . Signs shall not be posted on trees, fence posts, public utility poles, on any roof, or located within any public right-of-way or on any publicly owned property. No sign shall be located within the clear vision triangle. Off-site signs shall only be allowed on private property with the owner's permission.

   2. No sign shall be placed on private property without permission of the property owner or tenant.

   3. Signs shall not be illuminated.

   4. Height . The maximum sign height shall not exceed 7 feet.

   5. Area . The maximum sign area shall not exceed 32 square feet.

   6. Number . Each lot shall be permitted 2 temporary freestanding signs containing only noncommercial messages. In addition, one temporary freestanding campaign sign shall be allowed for each political candidate or proposed ballot measure on each street frontage.

   7. Duration . A temporary non- commercial sign may be allowed for a period of time not to exceed 60 days prior to the date of an event or election referenced in the sign or to which the sign otherwise relates and shall be removed within 10 days after that date.

5. Under canopy signs .

6. Number . Each use shall be permitted 1 under canopy sign.

7. Location .

   1. The sign shall be perpendicular to the wall of the building to which it is attached.

8. The minimum vertical clearance of an under canopy sign shall be as specified by the California Building Code.

9. Area .

   1. The area of an under canopy sign shall not exceed 6 square feet.

10. The area of an under canopy sign shall not reduce the allowable sign area for wall signs associated with the same tenant/use.

11. Wall signs for individual uses . 1. Number . Each individual use or tenant space may erect and maintain 1 or more wall signs on each building façade. 2. Location . 1. Wall signs may be: 1. Attached flat against or pinned away (peg mounted or similar; no more than 1 foot) from a wall or facade. 2. Attached as a projecting, overhead, or suspended sign as provided in § 159.195(N).

     3. Attached to, or incorporated into, the mansard façade of a sloping roof, but shall not extend above the upper edge of the roof. 
    

12. Painted on or attached to a canopy or awning.

13. Signs should not cover or interrupt major architectural features, including such features as doors, windows, tile embellishments and reveal lines.

14. Area . 1. The total allowable area for all wall signs on a building facade shall not exceed 6 square feet per 10 lineal feet of tenant frontage for each tenant.

15. Window signs shall not count towards the total square footage calculated for wall signs.

16. Can signs prohibited . Can signs shall be prohibited in the Old Town Design Review District and the Downtown Design Review District.

17. Window signs .

18. Number . Each window may have window signs.

19. Location . Affixed or applied to, or located within 24" of, the surface of a window with its message intended to be visible to and readable from the public way or from adjoining property.

20. Area . Window sign area shall not be counted against the allowed wall sign area.

(Ord. 12-05, eff. 12-19-2012; Am. Ord. 14-03, eff. 9-10-2014) Penalty, see § 159.999

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.196 Planned Sign Program

1. The purpose of a sign program is to integrate a project's signs into the architectural design of a subject site and to ensure visibility of all signs. A sign program also enables the city to ensure high quality in the design and display of multiple permanent signs and to encourage creativity and excellence in sign design.

2. Required . A planned sign program shall be provided as follows:

   1. A sign program shall be provided for any building complex established after the date of adoption of this code.

   2. A sign program for an existing building complex may be required at the discretion of the Director when:

      1. A new building is added to the building complex.

      2. There is substantial exterior remodeling of the existing complex (i.e., at least 50% of the complex).

   3. A sign program shall be provided for the replacement of, or significant modification to, an existing planned sign program.

   4. A planned sign program is optional for all other signs.

3. If the provisions of an approved planned sign program conflict with other provisions of this subchapter, whichever provision is more restrictive shall control.

   4. A sign program shall consist of a description, including dimensions, materials, locations, and illustration of all signs proposed on the site. The sign program shall have a unifying design theme or style. A separate sign permit shall be required for all signs constructed pursuant to an approved sign program.

• (Ord. 12-05, eff. 12-19-2012)

159.197 Non-Conforming Signs

This section recognizes that the eventual elimination of existing signs (on-site and off-site) that are not in conformity with the provisions of this subchapter is as important as the prohibition of new signs that would violate these regulations.

1. Continuation of legal non-conforming sign . A legally established sign that does not conform to the provisions of this subchapter may continue to be used in compliance with § 159.187, unless the sign is:

   1. Structurally altered to extend its useful life.

   2. Expanded, moved, or relocated.

   3. Re-established after a business has been discontinued for 60 days or more.

   4. Re-established after damage or destruction of more than 50% of the value of the physical structure of the sign, as determined by the Director.

2. Sign copy changes . The sign copy and sign faces of a legally established non-conforming sign may be changed provided that the change does not include a structural change in the display and otherwise complies with the requirements of this subchapter.

   3. Correction of non-conformities required . Approval of any structures on a site or a change in the land use on a site shall require that all non-conforming signs on the site be brought into conformity with this subchapter.

   4. Future non-conformity . Any legal sign, which later becomes non-conforming as to size or location either by reason of amendment of this section or its operation, may be maintained indefinitely, provided that it shall not be enlarged or moved without full compliance with this subchapter. All existing signs in newly annexed areas shall be treated legally established non-conforming signs in accordance with § 159.197(A).

• (Ord. 12-05, eff. 12-19-2012)

159.198 Removal Of Unsafe Or Illegally Installed Signs

1. Unsafe signs . Any sign that presents an immediate danger to the public health or safety may be removed by the city without prior notice. Alternatively, the Director may issue a notice of violation and give the permit holder, owner of the property on which the sign was located, or person in possession and control of that property 15 days to cure the violation. The date of service shall be the date the Director places the notice in a U.S. Postal Service mail receptacle. In the case of an unsafe sign removed by the city, the costs of such removal and storage shall be borne by the permit holder, owner of the property on which the sign was located, or person in possession and control of that property, as applicable and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city shall be released until the costs of removal and storage have been paid. If an unsafe sign remains uncured for a period of 30 days after service of the notice, the city may remove the sign and dispose of it.

2. Illegal signs . Any illegal sign shall be removed or brought into conformity by the permit holder, owner of the property on which the sign was located, or person in possession and control of that property following written notice from the Director as specified in § 159.197(C). The Director's order may be appealed to the Council in the manner provided in § 159.188(H)(1).

3. Abandoned signs . A sign that advertises or otherwise identifies a business or activity which has been discontinued on the premises, or any sign or sign structure that has no copy, for a period of 60 days shall be considered abandoned and shall be removed by the owner or lessee of the premise. Signs determined to be historic by the Historic Design Review Commission shall be allowed to remain.

4. Penalties . Illegal signs shall be subject to the remedies established in § 159.999(C).

5. Removal of illegal signs in the public right-of-way . The Director may cause the immediate removal of any sign within the public right-of-way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this subchapter.

(Ord. 12-05, eff. 12-19-2012)

- 159 Official Plan Lines (Sections 159.220 159.229)

159.220 Establishments

1. 1. In order to provide for the widening or realignment of existing major streets or the establishment of future major streets, official plan lines shall be established by description and by maps which shall be made a part of this chapter.

   2. Official plan lines shall be considered to be property lines for the purpose of establishing yards as set forth in § 159.016.

2. Official plan lines may be established, modified, or abandoned by the same procedure as required for amendments to the provisions of this chapter.

(1973 Code, § 9-4.1101) (Ord. 558, eff. - -)

159.221 Establishment; Hardships; Determinations; Council Responsibility

It shall be the responsibility of the Council to determine when the adoption of an official plan line for a future street places a burden of hardship on affected properties.

(1973 Code, § 9-4.1102) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.222 Establishment; Hardships; Protests; Filing; Studies

Whenever a property owner affected by an official plan line files a statement of protest with the City Clerk to the effect that a real and substantial hardship is suffered by the property owner due to the placement of the official plan line, the Council shall acknowledge the protest and take the matter under study.

(1973 Code, § 9-4.1103) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.223 Establishment; Hardships; Protests; Studies; Findings

Within 6 months after study by the Council, as set forth in § 159.222, and such commissions, agencies and departments as deemed necessary, the Council shall make a finding regarding the nature and extent of the hardship.

(1973 Code, § 9-4.1104) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.224 Establishment; Hardships; Relief; Council Determinations

If it is found that a real and substantial hardship exists as the direct result of placement of an official plan line, the Council shall determine the manner in which the hardship shall be relieved.

(1973 Code, § 9-4.1105) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.225 Establishment; Hardships; Relief; Manner

Within 1 year after the date that a determination is made as to the relief of the hardship, as set forth in § 159.224, the Council shall exercise the relief in 1 of the following ways:

1. Enter into a purchase agreement regarding the affected property;

2. Rescind the portion of the plan line map which already creates a hardship; or

3. Commence eminent domain proceedings to acquire the real property described in the statement of protest.

(1973 Code, § 9-4.1106) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.226 Establishment; Determinations Of No Hardship

If it is determined that no hardship exists as a direct result of the placement of an official plan line, no further action by the Council shall be required.

(1973 Code, § 9-4.1107) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.227 Maps; Rescission; Effect

In the event the Council rescinds a portion of the official plan line map to relieve a hardship, the Council may not move to replace the portion of the map within 1 year of the action.

(1973 Code, § 9-4.1108) (Ord. 558, eff. - -; Am. Ord. 575, eff. - -)

159.228 Maps; Adoption

1. Pursuant to the provisions of § 159.220, there is hereby established as an official plan line map of the city that certain Plan Line Map entitled "Official Plan Line Map of Auburn, California," revised May 1971, prepared by Robert E. Gray, dated May 1967, and that certain diagram entitled "Official Plan Line Map, City of Auburn, Insert No. 1," prepared by Packard, Muir, and Train, Inc. A true and correct copy of the map and Insert No. 1 is hereby adopted and made a part of this section by reference.

2. There has been excluded and specifically deleted from said map and Insert No. 1 the Pine Street-Almond Street Official Plan Line Map.

3. 1. The street lines of the streets, as marked by heavy black lines on the official plan line map and Insert No. 1 are hereby designated plan lines for each of the streets.

   2. The Public Works Director is hereby authorized and directed, within a reasonable time after a written request therefor, to furnish the assessed owner of any parcel of real property affected by a plan line with a legal description of the plan line on the owner's property.

   3. It is hereby declared to be the policy of the city that protests filed in accordance with the provisions of this subchapter be processed as expeditiously as practical so that the determination of whether or not a real and substantial hardship is suffered by the property owner may be concluded as soon as reasonably possible.

(1973 Code, § 9-4.1109) (Ord. 575, eff. - -; Am. Ord. 616, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 - 159.229 Pine Street Almond Street Official Plan Line Map; Adoption

1. 1. Pursuant to the provisions of § 159.220, the Council hereby determines that it is in the best interests of the city for the general welfare, and necessary in order to provide for the future widening or realignment of existing major streets, including Pine Street to Center Street, East Placer Street, Almond Street to Tuttle Street and all other streets as indicated on the Pine Street-Almond Street Plan Line Map, to establish as an Official Plan Line Map that certain Plan Line Map entitled "Official Plan Line Map, City of Auburn, Insert No. 1 Addendum;" and the map shall be designated as the Pine Street-Almond Street Official Plan Line Map.

   2. A true and correct copy of the map is hereby adopted and made a part of this section by reference.

2. 1. The street lines of the streets, as marked by heavy black lines on the official plan line map, are hereby designated plan lines for each of the streets. 2. The Public Works Director hereby authorized and directed, within a reasonable time after a written request therefor, to furnish the assessed owner of any parcel of real property affected by a plan line with a legal description of the plan line on the owner's property.

   2. It is hereby declared to be the policy of the city that protests filed in accordance with the provisions of this subchapter be processed as expeditiously as practical so that the determination of whether or not a real and substantial hardship is suffered by the property owner may be concluded as soon as reasonably possible.

(1973 Code, § 9-4.1110) (Ord. 586, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159 Non-Conforming Uses And Buildings (Sections 159.240-159.246)

159.240 Non-Conforming Uses; Land

159.241 Non-Conforming Uses; Buildings; Continuation; Changes In Use; Presumption Of Abandonment 159.242 Non-Conforming Uses; Buildings; Changes In Use To Same Or More Restricted 159.243 Non-Conforming Buildings; Damages; Repairs; Extensions Of Time

159.244 Non-Conforming Buildings To Height And Yard Restrictions; Additions And Improvements

159.245 Non-Conforming Buildings; Maintenance And Repairs

159.246 Non-Conforming Uses And Buildings; Expansion

159.240 Non-Conforming Uses; Land

1. The non-conforming use of land may be continued, transferred, and sold; provided, however, no such use shall be enlarged, increased or extended to occupy a greater area than that which the use lawfully occupied prior to becoming a non-conforming use, except as provided in § 159.246.

2. If any such use ceases for a period of at least one year, the subsequent use of the land shall be in conformity to the regulations specified by this chapter for the district in which the land is located.

(1973 Code, § 9-4.1201) (Ord. 558, eff. - -; Am. Ord. 95-11, eff. 9-13-1995)

159.241 Non-Conforming Uses; Buildings; Continuation; Changes In Use; Presumption Of Abandonment

1. The non-conforming use of a building may be continued, transferred and sold.

2. If the non-conforming use of a building ceases for a continuous period of 1 year, it shall be presumed that the use has been abandoned, and, without further action by the Commission, the further use of the building shall be subject to all the regulations specified by this chapter for the district in which the building is located.

(1973 Code, § 9-4.1202) (Ord. 558, eff. - -)

159.242 Non-Conforming Uses; Buildings; Changes In Use To Same Or More Restricted

The non-conforming use of a building may be changed to a use of the same or more restricted nature.

(1973 Code, § 9-4.1203) (Ord. 558, eff. - -)

159.243 Non-Conforming Buildings; Damages; Repairs; Extensions Of Time

1. If, at any time any non-conforming building is damaged or destroyed by fire, explosion, act of God, act of the public enemy, or by direction of the owner, the building may be rebuilt within 1 year to total floor area not exceeding that which the building originally contained and the building may continue as set forth in this subchapter for non-conforming uses and buildings.

2. Applications for extensions of time for reasonable cause may be granted by the Council.

(1973 Code, § 9-4.1204) (Ord. 558, eff. - -)

159.244 Non-Conforming Buildings To Height And Yard Restrictions; Additions And Improvements

The enlargement, extension, reconstruction or structural alteration of a building, non-conforming only as to height and yard regulations, may be permitted if the additions or improvements conform to all the regulations of the district in which the building is located.

(1973 Code, § 9-4.1205) (Ord. 558, eff. - -)

159.245 Non-Conforming Buildings; Maintenance And Repairs

Ordinary maintenance and repairs may be made to any non-conforming building provided no structural alterations are made and provided the work does not exceed 15% of the appraised value of the building in any 1 year period, except as provided in § 159.246.

(1973 Code, § 9-4.1206) (Ord. 558, eff. - -; Am. Ord. 95-11, eff. 9-13-1995)

159.246 Non-Conforming Uses And Buildings; Expansion

Subject to the approval of a use permit, a non- conforming use or a non-conforming building may be altered, enlarged, increased or extended to occupy a greater area than that which the use lawfully occupied prior to becoming a nonconforming use.

(1973 Code, § 9-4.1207) (Ord. 95-11, eff. 9-13-1995)

• 159 General Regulations (Sections 159.260 159.265) 159.260 Property With Substandard Area Or Front Footage

159.261 Public Utility Transmission And Distribution Lines 159.262 Flag Lots

159.263 Projections Into Required Yards

159.264 Fences

159.265 Distance Between Buildings

159.260 Property With Substandard Area Or Front Footage

Under no circumstance shall any existing right or privilege be denied to the development of any property which may be substandard in area or front footage and which existed on or before February 7, 1967.

(1973 Code, § 9-4.1701) (Ord. 558, eff. - -)

159.261 Public Utility Transmission And Distribution Lines

Public utility transmission lines, both overhead and underground, shall be permitted in all districts without the necessity of obtaining a use permit; provided, however, the routes of proposed electric transmission lines shall be submitted to the Commission for recommendation prior to the acquisition of rights-ofway therefor, and the height of the proposed electric transmission lines shall be regulated by the Public Utilities Commission of the state.

(1973 Code, § 9-4.1702) (Ord. 558, eff. - -)

159.262 Flag Lots

1. The minimum access of flag lots to public streets or easements shall be 15 feet for single-family dwellings and 20 feet for 2-family dwellings.

2. The street frontage requirements for the lots shall be as set forth in § 159.016.

(1973 Code, § 9-4.1703) (Ord. 558, eff. - -; Am. Ord. 636, eff. - -)

159.263 Projections Into Required Yards

Certain architectural features and structures may project into required yards as follows.

1. Open, unenclosed, uncovered porches, platforms, decks, walks or landing places, which do not extend above the level of the first floor of the building and are more than 30 inches above grade, may extend into any required rear and/or side yard setback for a distance not more than ½ the otherwise required setback provided an administrative permit is first approved subject to the provisions of § 159.476; however, in no case shall said structure be closer than 3 feet from any side or rear property line. Further, any railing installed or constructed on any such platform, deck, walk or landing place shall not exceed 48 inches in height above deck level.

2. Open, unenclosed, uncovered porches, platforms, decks, walks or landing places which do not extend above the first floor of the building and are 30 inches or less above grade, may extend into any required front, side or rear yard setback. The following regulations shall apply.

   1. Wood, concrete, masonry or other similar materials may be used.

   2. Compliance with the current Uniform Building Code and other construction standards adopted by the city shall be required.

   3. The porches, platforms, decks, walks or landing places which do not extend above the level of the first floor of the building and are 30 inches or less above grade shall not be used to calculate lot coverage.

3. Patio covers, trellises, awnings, roofed porches and screened patio enclosures, may extend into any required rear and/or side yard setback for a distance not more than ½ the otherwise required setback provided an administrative permit is first approved subject to the provisions of § 159.476; however, in no case shall the structure be closer than 3 feet from any side or rear property line. The following regulations shall apply.

   1. Screened patio enclosures shall comply with the Uniform Building Code.

   2. Patio covers, trellises, awnings and roofed porches shall not be enclosed, walled or converted into any type of room. Except for the sides abutting the building, a minimum of 75% of the sides shall be open unenclosed.

4. Additions to the single-family residential buildings in the R1, R-2 and R-3 zone districts may be permitted to extend no more than 5 feet into the required rear yard setback and/or no more than 2 feet into the required side yard setback for a single-story addition and no more than 4 feet 6 inches into the required side yard setback for a 2-story addition if the addition conforms with the same setback or has a greater setback than the existing dwelling provided an administrative permit is first approved subject to the provisions of § 159.476. This provision shall not apply to any portion of a residential building that was not legally constructed.

(1973 Code, § 9-4.1704) (Ord. 89-3, eff. 3-29-1989; Am. Ord. 92-15, eff. 8-26-1992; Am. Ord. 96-11, eff. 9-26-1996)

159.264 Fences

The following shall apply unless otherwise provided:

1. A fence, wall, hedge, screen planting or other dividing structure placed, grown or maintained in any residential or commercial district not exceeding 3 feet in height may be permitted as follows:

   1. Within any required front yard;

   2. Within any required street side yard on a corner lot; and

   3. Except as provided in division (G) below and subject to the provisions of § 159.476.

2. A fence, wall, hedge, screen planting or other dividing structure placed, grown or maintained in any residential or commercial district not exceeding 6 feet in height may be permitted as follows:

   1. Within any required rear yard;

   2. Within any required side yard outside of the required front yard;

   3. Except as provided in division (A)(1) and (2) above; and

   4. Except as provided in division (G) below and subject to the provisions of § 159.476.

3. Wire mesh fencing shall be allowed in the required exterior yard of a public recreational or educational use area and, when enclosing public tennis, badminton, volleyball and similar facilities. The fencing may exceed the height limits for fences in this section.

4. In the case of a fence located on a retaining wall, fence height shall be measured from the base of the fence where the fence and retaining wall meet.

5. Electric fences are prohibited in every zone.

6. No barbed wire or similar type of material shall be used in fences in any residential district.

7. A fence may exceed the height limits and/or fence type standards of division (A) through (F) above provided an administrative permit is first approved subject to the provisions of § 159.476.

(1973 Code, § 9-4.1705) (Ord. 89-3, eff. 3-29-1989)

159.265 Distance Between Buildings

The required distance between 2 buildings on the same lot in the R-1, R-2 and R-3 zone districts may be reduced provided an administrative permit is first approved subject to the provisions of § 159.476.

(1973 Code, § 9-4.1706) (Ord. 96-11, eff. 9-26-1996)

• 159 School Mitigation Fees For Residential Development (Sections 159.275 159.282)

159.275 Purpose

159.276 Definitions

159.277 School District Findings

159.278 Mitigation Requirements; Variances

159.279 Mitigation Requirements; Fees; Dedications 159.280 School District Schedule Of Plans 159.281 School District Reports 159.282 Council Discretionary Approval

159.275 Purpose

1. The purpose of this subchapter is to provide methods of financing interim school facilities for elementary and high schools where it has been determined that conditions of overcrowding exist so that the impact of new residential developments on the school district will be mitigated.

2. The requirements of this subchapter shall not be interpreted as restricting or preventing the city from requiring additional fees, the dedication of real property and/or charges for school mitigation in the event the city deems it reasonable to do so following an environmental impact review of any given project as otherwise provided by law.

(1973 Code, § 9-4.2001) (Ord. 737, eff. 1-10-1979)

159.276 Definitions

1. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONDITIONS OF OVERCROWDING . The total enrollment of an attendance area, including the enrollment from proposed developments, exceeds the capacity of the attendance area as determined by the governing body of the district.

REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING . Agreements between a subdivider and the affected school district whereby temporary use buildings will be leased to the school district or temporary use buildings owned by the school district will be used.

RESIDENTIAL DEVELOPMENT . A project containing residential dwellings, including mobile homes, of 1 or more units or a subdivision of land for the purpose of constructing 1 or more residential dwelling units.

YIELD RATE . The average number of students per residential unit within the several school districts, as determined by demographic studies conducted by the school districts and approved by the Council. A yield rate shall be provided by the school districts for each of the following classifications of residential units:

1. Single-family residences;

2. Duplexes;

3. Apartment buildings (per apartment); and

4. Mobile homes.

2. For the purposes of this section, CONDOMINIUM OR TOWNHOUSE UNITS shall be classified as apartment units.

(1973 Code, § 9-4.2002) (Ord. 737, eff. 1-10-1979)

159.277 School District Findings

1. The governing body of a school district which operates an elementary or high school shall notify the Council if the governing body makes a finding supported by clear and convincing evidence.

   1. Conditions of overcrowding exist in 1 or more attendance areas within the district serving the incorporated area of the city which conditions will impair the normal functioning of educational programs. The reason for such conditions existing shall be stated.

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. The notice of findings sent to the Council shall specify the mitigation measures considered by the school district. The mitigation measures to be considered by the school district shall include, but not be limited to the following:

   1. School bond elections and all other methods of financing available to the school district;

   2. Double sessions, adjustments by additional class hours per school day and revisions of school extracurricular activities and class schedules; 3. Adjustments of school attendance boundaries;

   3. Adjustments in the cost of bussing students within the school district and to other school districts; and

   4. Interim reductions in school services and costs of administration.

3. With respect to each such mitigation measure considered, the district's findings shall state in detail how the mitigation measure was evaluated, why it is not feasible to utilize the mitigation measure, and why the mitigation measure, if used, would not serve to remove overcrowding as an impairment to the normal functioning of educational programs.

4. If the Council concurs in the findings of the school district, the provisions of this subchapter shall be applicable to actions taken on residential development in the affected attendance areas by the Commission, Planning Department, Building Department and Council.

(1973 Code, § 9-4.2003) (Ord. 737, eff. 1-10-1979)

159.278 Mitigation Requirements; Variances

Within the school attendance area where it has been determined, as provided in Cal. Gov't Code §§ 65970 et seq ., that conditions of overcrowding exist, no rezoning of property to a residential use, application for a discretionary permit for residential use, or tentative major or minor subdivision map shall be approved within the area without the dedication of land or payment of fees as required in this subchapter, or unless the Council finds specific overriding fiscal, economic, social or environmental factors which, in the sole judgment of the Council, would benefit the city, thereby justifying the approval of a residential development.

(1973 Code, § 9-4.2004) (Ord. 737, eff. 1-10-1979)

159.279 Mitigation Requirements; Fees; Dedications

In the event the Council does not grant a variance from the provisions of this article as provided by law, the following requirements and fees shall be met by all applicants seeking the rezoning of property to a residential use, applications for discretionary permits for residential use, or tentative major or minor subdivision maps within the city:

1. For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined necessary pursuant to Cal. Gov't Code §§ 65970 et seq ., an applicant or subdivider shall be required to dedicate land, pay fees in lieu thereof or a combination of both as a condition of approval of a residential development, provided the applicable general plan provides for the location of schools, and the Council finds that the facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the general plan.

2. 1. A fee shall be paid for each unit of a residential development approved within an overcrowded attendance area.

   2. The fee shall be determined in the following manner: the actual cost per square foot of 1 portable classroom multiplied by 32, being the number of square feet actually required for each student using a portable classroom, multiplied by the yield rate for the attendance area shall equal the fee to be paid for each unit.

   3. This formula may be summarized as follows: cost of 1 portable classroom x 32 x yield rate = fee per unit square feet in classroom

3. 1. At the beginning of each fiscal year estimates shall be obtained for the price of a portable classroom for the upcoming school year, and, if necessary, adjustments shall be made in the formula to reflect the change in price.

   2. Whenever a school district determines, as a result of a demographic study or update of a demographic study, that there have been changes in the yield rates within the district, the district shall immediately notify the city of the changes, and, if approved by the Council, the formula for the district shall be adjusted to reflect the changes.

4. In subdivisions containing 50 parcels or less only the payment of fees shall be required. In larger subdivisions, the school district shall be consulted to determine whether a dedication of land should be required, taking into consideration whether the location and amount of land to be made available could be effectively utilized by the school district.

5. 1. If a dedication of land is required, the amount of fees to be paid under this section shall be reduced by an amount equal to the fair market value of the land dedicated.

   2. The value shall be the value of the land with subdivision improvements and shall be determined by an appraisal by the County Assessor's office.

   3. The balance of fees due, if any, shall be divided equally among all the units of the development.

6. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities.

7. If the payment of fees is required, the payment shall be made at the time the building permit is issued.

(1973 Code, § 9-4.2005) (Ord. 737, eff. 1-10-1979)

159.280 School District Schedule Of Plans

1. Following the decision by the city to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding.

2. 1. The schedule shall include the school sites serving residents within the city which will benefit from the funds made available, the classroom facilities to be made available, and the times when the facilities will be available.

   2. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Council and the reasons for the modifications.

(1973 Code, § 9-4.2006) (Ord. 737, eff. 1-10-1979)

159.281 School District Reports

1. Any school district receiving funds pursuant to this section shall maintain a separate account for any fees paid and shall file a report with the Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased or constructed during the previous fiscal year.

2. 1. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist.

   2. The report shall be filed by August 1 of each year and shall be filed more frequently at the request of the Council.

3. Whenever a school district determines that conditions of overcrowding no longer exist in an attendance area, the district shall immediately notify the city of the determination.

4. 1. Thereafter, the city shall cease levying any fee or requiring any dedication of land within the attendance area pursuant to this section.

   2. Any remaining funds held by the school district, as a result of fees imposed under this section, shall be deposited in the Building Fund of the school district to be expended only for such purposes as agreeable to the Council.

(1973 Code, § 9-4.2007) (Ord. 737, eff. 1-10-1979)

159.282 Council Discretionary Approval

Notwithstanding any other provision of this subchapter, the Council may approve a residential development without compliance with this subchapter if, in its sole judgment, there are specific overriding fiscal, economic, social or environmental factors associated with the development which would benefit the city and justify the approval.

(1973 Code, § 9-4.2008) (Ord. 737, eff. 1-10-1979)

159 Sex-Oriented Entertainment Businesses (Sections 159.295-159.299)

159.295 Purpose

159.296 Definitions

159.297 Location Limitations

159.298 Waivers Of Location Limitations

159.299 Use Permits Required

159.295 Purpose

1. The Council finds that sex-oriented entertainment businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas.

2. Special regulation of the businesses is necessary to insure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.

3. The primary purpose of the regulations is to prevent the concentration or clustering of such businesses in any one area.

(1973 Code, § 9-4.2101) (Ord. 767, eff. 10-12-1981)

159.296 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SEX-ORIENTED ENTERTAINMENT BUSINESSES .

1. CABARET . A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where the performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

2. MASSAGE PARLOR . An establishment where, for any form of consideration or gratuity, massages, alcohol rubs, the administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs, other than medical or therapeutic treatments by persons licensed by the state to administer the treatments.

3. MODEL STUDIO . Any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying consideration or gratuity.

4. SEX-ORIENTED BOOK STORE . An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and 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 the materials.

5. SEX-ORIENTED HOTEL OR MOTEL . A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

6. SEX-ORIENTED MOTION PICTURE ARCADE . Any place to which the public is permitted or invited wherein coin 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 persons and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

7. SEX-ORIENTED MOTION PICTURE THEATER . An enclosed or unenclosed building or structure, or portion thereof, used for presenting materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in the theater.

8. SEXUAL ENCOUNTER CENTER . Any business, agency or person who, for any form of consideration or gratuity, provides a place where 3 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.

9. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

SPECIFIED ANATOMICAL AREAS .

1. Less than completely and opaquely covered:

   1. Human genitals or the pubic region:

   2. Buttocks; and

   3. Female breasts 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.

SPECIFIED SEXUAL ACTIVITIES .

1. Human genitals in a state of stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy; and

3. Fondling or other erotic touching or sexual stimulation of human genitals, pubic regions, buttocks or female breasts.

(1973 Code, § 9-4.2102) (Ord. 767, eff. 10-12-1981)

159.297 Location Limitations

1. Sex-oriented entertainment businesses shall he prohibited in all zone district classifications within the city, except the Central Business (C-2) District and the Regional Commercial (C-3) District as provided in this section.

2. In those land use districts where the sex- oriented entertainment businesses regulated by this article would otherwise be permitted uses, it shall be unlawful to establish any such sex-oriented entertainment business if the location is:

   1. Within 250 feet of any area zoned for residential use;

   2. Within 1,000 feet of any other sex- oriented entertainment business; or

   3. Within 1,000 feet of any public or private school, park, playground, church, non- commercial establishment operated by a bona fide religious organization or any establishment principally used by minors.

3. The establishment of any sex-oriented entertainment business shall include the opening of the business as a new business, the relocation of the business, or the conversion of an existing business location to any sex-oriented entertainment business use.

4. The footage distances set forth in division (B) above shall be measured from the distance between the exterior property line of the parcel upon which the sex-oriented entertainment use is to locate to the nearest residential zoning line or property line of the parcel upon which the sex-oriented entertainment use is located in a straight line.

(1973 Code, § 9-4.2103) (Ord. 767, eff. 10-12-1981)

159.298 Waivers Of Location Limitations

1. Any property owner or his or her authorized agent may apply to the Commission for a waiver of any locational provision set forth in § 159.297. The Commission, after a hearing, may waive any locational provision if the following findings are made:

2. The proposed use will not be contrary to the public interests or injurious to nearby properties and that the spirit and intent of this subchapter will be observed;

   2. The proposed use will not enlarge or encourage the development of a "skid row" area;

   3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and

   4. All applicable regulations of this code will be observed.

3. Notwithstanding any other provision of this chapter, original jurisdiction to hear applications for waivers pursuant to this section is vested in the Commission. The procedure for the hearing shall be the same as that provided for in this subchapter for the issuance of conditional use permits by the Commission, including the same notice requirement, the same right of appeal to the Council, and the same fees payable by the applicant.

(1973 Code, § 9-4.2104) (Ord. 767, eff. 10-12-1981)

159.299 Use Permits Required

1. Notwithstanding any other provision of this code, a conditional use permit shall be required for the establishment of a sex-oriented entertainment business in any zone district.

2. The requirement shall be for the purpose of establishing conditions found to be reasonably necessary to prevent incompatibility or conflicts with other land uses in the immediate vicinity of the proposed business. Applications for such conditional use permits shall be heard by the Commission as

provided in §§ 159.405 et seq .

(1973 Code, § 9-4.2105) (Ord. 767, eff. 10-12-1981)

• 159 Flood Damage Prevention (Sections 159.310 159.315)

159.310 Statutory Authorization, Findings Of Fact, Purpose And Methods

159.311 Definitions

159.312 General Provisions 159.313 Administration

159.314 Provision For Flood Hazard Reduction 159.315 Variance Procedure

159.310 Statutory Authorization, Findings Of Fact, Purpose And Methods

1. The Legislature of the State of California has in Cal. Gov't Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

2. Therefore, the City Council does ordain as follows.

   1. 1. The flood hazard areas of Auburn are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

      2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

3. It is the purpose of this subchapter to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

   1. To protect human life and health;

   2. To minimize expenditure of public money for costly flood control projects;

   3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions;

   4. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

   5. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

   6. To insure that potential buyers are notified that property is in an area of special flood hazard; and

   7. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

   8. In order to accomplish its purpose, this subchapter includes methods and provisions for.

      1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increase in erosion or flood heights or velocities;

      2. Requiring that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction;

      3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

      4. Controlling fill, grading, dredging and other development which may increase flood damage; and

      5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(1973 Code, § 9-4.2201) (Ord. 98-3, eff. 7-1-1998)

159.311 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY USE . A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

ALLUVIAL FAN . A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition and channel migration.

APEX . The point of highest elevation on the alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

APPEAL . A request for a review of the Floodplain Administrator's interpretation of any provision of this subchapter or a request for a variance.

AREA OF SPECIAL FLOOD HAZARD . See SPECIAL FLOOD HAZARD AREA .

BACKFILL . The placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.

BASE FLOOD . The flood having a 1% chance of being equaled or exceeded in any given year. Also called the 100- YEAR FLOOD .

BASEMENT . Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALLS . Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A BREAKAWAY WALL shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway wall must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

BUILDING . See STRUCTURE .

CRITICAL FEATURE . An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

CURVILINEAR LINE . The border on either a flood hazard boundary map or flood insurance rate map that delineates the special flood, mudslide (such as mudflow) and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

DEVELOPMENT . Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DEVELOPMENT PERMIT . Any permit required for development of private or public lands by the city or another agency, government or otherwise. The permit allows development to improved or unimproved real estate and includes, but is not limited to grading permits, encroachment permits, water and sewer permits, building permits and permits required by the environmental health and planning departments.

ENCROACHMENT . The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION . A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION . The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).

FILL . The placement of fill material at a specified location to bring the ground surface up to a desired elevation.

FILL MATERIAL . Natural sand, dirt, soil or rock. For the purposes of floodplain management, FILL MATERIAL may include concrete, cement, soil cement, brick or similar material as approved on a case-by-case basis.

FLOOD, FLOODING or FLOOD WATER .

1. A general and temporary condition of partial or complete inundation of normally dry land areas from:

   1. The overflow of inland or tidal waters;

   2. The unusual and rapid accumulation or runoff of surface waters from any source; and/or

   3. Mudslides (such as mudflows) which are proximately caused by flooding as defined in division (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and

2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division (1)(a) of this definition.

FLOOD ELEVATION DETERMINATION . A determination by the administrator of the water surface elevations of the base flood; that is, the flood level that has a 1% or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY . An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (such as mudflow) and/or flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP . The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

FLOOD INSURANCE RATE MAP (FIRM) . The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY . The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map and the water surface elevation of the base flood.

FLOODPLAIN or FLOOD-PRONE AREA . Any land area susceptible to being inundated by water from any source. See FLOODING .

FLOODPLAIN ADMINISTRATOR . The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN MANAGEMENT . The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS . Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain management regulations).

FLOOD PROTECTION SYSTEM . Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards.

FLOODPROOFING . Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY . The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than 1 foot. Also referred to as REGULATORY FLOODWAY .

FLOODWAY ENCROACHMENT LINES . The lines marking the limits of floodways on federal, state and local floodplain maps.

FLOODWAY FRINGE . The areas of a floodplain on either side of the designated floodway where encroachment may be permitted.

FRAUD AND VICTIMIZATION . Related to § 159.315 means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

FREEBOARD . A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE . A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities.

HARDSHIP . As related to § 159.315 means the hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.

HIGHEST ADJACENT GRADE . The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE . Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

   1. By an approved state program as determined by the Secretary of the Interior; or

   2. Directly by the Secretary of the Interior in states with approved programs.

LANDFILL . A permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.

LEVEE . A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM . A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST FLOOR . The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that, the enclosure is not built

so as to render the structure in violation of the applicable non-elevation design requirements of this subchapter.

MANUFACTURED HOME . A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a "recreational vehicle."

MANUFACTURED HOME PARK OR SUBDIVISION . A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for sale or rent.

MAP . The flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the Flood Insurance Administration, Federal Emergency Management Agency and any other applicable maps which delineates areas subject to flooding such as, but not limited to survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

MEAN SEA LEVEL . For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MINIMUM NECESSARY . Related to § 159.315, means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this subchapter. In case of variances to an elevation requirement, this means the Variance Board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the Board believes will both provide relief and preserve the integrity of the local ordinance.

MUDSLIDE (MUDFLOW) . Describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain.

NEW CONSTRUCTION . For floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to the structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

OBSTRUCTION . Includes, but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.

ONE HUNDRED YEAR FLOOD or 100-YEAR FLOOD . A flood which has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used through this subchapter.

PRINCIPAL STRUCTURE . A structure used for the principal use of the property as distinguished from an accessory use.

PUBLIC SAFETY AND NUISANCES . As related to § 159.315 means the granting of a variance must not result in additional threats to public safety or create nuisances (such as something that is inconvenient, unpleasant, annoying or obnoxious). This subchapter is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this subchapter are kept to a bare minimum.

RECREATIONAL VEHICLE . A vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOODWAY . The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

RIVERINE . Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.

SPECIAL FLOOD HAZARD AREA (SFHA) . An area having special flood hazards, and shown on an FHBM or FIRM as Zone A, Al-30, AE, or A99 and also includes, but is not limited to areas subject to flooding as shown on survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

START OF CONSTRUCTION . Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial

improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE . A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE . Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL DAMAGE includes repetitive damages incurred by the structure within a 10-year period. For purposes of calculation, damages will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event.

ing the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL DAMAGE includes repetitive damages incurred by the structure within a 10-year period. For purposes of calculation, damages will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event.

SUBSTANTIAL IMPROVEMENT . Any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. SUBSTANTIAL IMPROVEMENT includes repetitive improvements required to the structure within a 10- year period. For purposes of calculation, damage improvements will be cumulative during the previous 10-year period, immediately preceding and including the latest flooding event. The term does not, however, include either.

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VARIANCE . A grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this subchapter.

WATER SURFACE ELEVATION . The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE . A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(1973 Code, § 9-4.2202) (Ord. 98-3, eff. 7-1-1998)

159.312 General Provisions

1. Land to which this subchapter applies . This article shall apply to all areas of special flood hazards within the jurisdiction of the city of Auburn.

2. Basis for establishing the areas of special flood hazard . The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) dated February 15, 1983, and the flood insurance rate map (FIRM), dated April 18, 1983, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this subchapter. This flood insurance study (FIS) and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this subchapter and include other base flood data identified in § 159.313. The study and flood insurance rate maps (FIRMS) are on file at the City of Auburn Department of Public Works, 1225 Lincoln Way, Auburn, California 95603.

3. Compliance . No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this subchapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the board of supervisors from taking the lawful action as is necessary to prevent or remedy any violation.

4. Abrogation and greater restrictions . This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this subchapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. This includes, but is not limited to specific area general plans adopted by the City Council, and standard and site specific conditions of approval assigned to a development project.

5. Interpretation . In the interpretation and application of this subchapter, all provisions shall be:

   1. Considered as minimum requirements;

   2. Liberally construed in favor of the governing body; and

   3. Deemed neither to limit nor repeal any other powers granted under state statutes.

6. Warning and disclaimer of liability .

   1. The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

   2. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes.

   3. This subchapter does not imply that land outside the areas of special flood hazards or uses permitted within the areas will be free from flooding or flood damages.

   4. This subchapter shall not create liability on the part of the city of Auburn City Council, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.

7. Severability . This subchapter and the various parts thereof are hereby declared to be severable. Should any section of this subchapter be declared by the courts to be unconstitutional or invalid, the decision shall not affect the validity of the subchapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(1973 Code, § 9-4.2203) (Ord. 98-3, eff. 7-1-1998)

159.313 Administration

1. Review fee . The floodplain administrator or his or her designee is hereby authorized to assess a fee as approved by the City Council for providing, upon request, flood zone determinations.

2. Establishment of development permit . A development permit shall be obtained before construction or development begins within any area of special flood hazards established in § 159.312. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to plans in duplicate drawn to scale showing the nature, locations, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

   1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

   2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

   3. All appropriate certifications listed in division (D) below; and

   4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

3. Designation of the Floodplain Administrator . The Director of Public Works is hereby appointed to administer, implement and enforce this subchapter by granting or denying development permits in accordance with its provisions.

4. Duties and responsibilities of the Floodplain Administrator . The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

   1. Permit review .

      1. Review all development permits that pertain to construction activities within the 100-year floodplain to determine that the permit requirements of this subchapter have been satisfied;

      2. All other required state and federal permits have been obtained;

      3. The site is reasonably safe from flooding; and

      4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this subchapter, ADVERSELY AFFECTS means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

ct the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this subchapter, ADVERSELY AFFECTS means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

2. Use of other base flood data . When base flood elevation data has not been provided in accordance with § 159.312, the Floodplain Administrator shall obtain review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other source, in order to administer § 159.314. This includes, but is not limited to survey maps of record, subdivision maps, parcel maps, other maps of record and special flood zone studies prepared by a California registered civil engineer, geologist or hydrologist.

3. Whenever a watercourse is to be altered or relocated:

   1. Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

   2. Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

4. Obtain and maintain for public inspection and make available as needed:

   1. The certification required by § 159.314(B)(3)(a);

   2. The certification required by § 159.314(B)(3)(b)3.;

   3. The certification required by § 159.314(B)(3)(c)1.;

   4. The certification of elevation required by § 159.314(D); and

   5. The certification required by § 159.314(G)(1).

5. Make interpretations where needed as to the location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). It is the applicant's responsibility to provide all of the data, as required, to establish flood hazard boundary locations. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 159.315.

6. Take action to remedy violations of this subchapter as specified in § 159.312(C).

(1973 Code, § 9-4.2204) (Ord. 98-3, eff. 7-1-1998)

159.314 Provision For Flood Hazard Reduction

1. Standards for developing lots located in both Zone A and C . If a portion of a lot is situated in a special flood hazard area (such as the 100-year floodplain) and another portion of the lot is outside of the 100-year floodplain, and there is a feasible building site on this latter portion, including grading and associated construction, then the structure, grading and associated construction shall be located outside of the special flood hazard area. If a discrepancy exists between other city requirements, such as setbacks and this requirement to build outside the 100-year floodplain, then this will necessitate that the applicant exhaust the Planning Department's (or other department's) variance process before any consideration is given to allowing the applicant to proceed with construction within the 100-year floodplain.

2. Standards of construction . In all areas of special flood hazards the following standards are required:

   1. Anchoring .

      1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic, impact and hydrostatic loads, including the effects of buoyancy.

      2. All manufactured homes shall meet the anchoring standards of division (E) below.

   2. Construction materials and methods .

      1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistance to flood damage.

      2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

      3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

   3. Elevation and floodproofing .

      1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation. It is recommended that the finish floor be a minimum of 2 feet above the base flood elevation in order to prevent inundation of floor joists, insulation and other appurtenant components located on the underside of the finish floor. Nonresidential structures may meet the standards in division (B) (3)(b) below. Upon the completion of the lowest floor of the structure and prior to any construction above the lowest floor, including framing, the elevation of the lowest floor, including basement, shall be certified by a California registered civil engineer or licensed land surveyor, to be properly elevated. The certification or verification shall be provided to the Floodplain Administrator. The preferred form for this is the elevation certificate, available at the Public Works Department.

      2. Non-residential construction shall either be elevated to conform with division (B)(3)(a) above or together with attendant utility and sanitary facilities:

3. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

     2. Have structural components capable of resisting impact, hydrostatic and hydrodynamic loads and effects of buoyancy; and 
   
     3. Be certified by a California registered civil engineer or architect that the standards of this division are satisfied. An architect is limited to certifying the flood proofing and structural design requirements of this division, and is not to perform surveys, certify elevations, or perform hydrology, hydraulic and drainage studies as may be required by this division. The certifications shall be provided to the Floodplain Administrator. 
   

   3. Require for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a California registered civil engineer or architect or meet or exceed the following minimum criteria:

      1. Either a minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided; or (The bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.)

      2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.

   4. Manufactured homes shall also meet the standards in division (E) below.

4. Standards for utilities .

   1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

   2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

   3. Other utilities are addressed at division (B)(2) above or division (D)(4) below.

5. Standards for subdivisions .

   1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

   2. 1. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). The final pad elevation shall be certified by a California registered civil engineer or licensed land surveyor and provided to the Floodplain Administrator. This certification shall be done prior to construction of the foundation or at the completion of final grading, whichever comes first.

      2. No construction is allowed until the certification has been received and approved by the Floodplain Administrator.

   3. All subdivision proposals shall be consistent with the need to minimize flood damage.

6. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

   5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

7. Standards for manufactured homes . All manufactured homes that are placed or substantially improved within a special flood hazard area on the community's flood insurance rate map:

   1. Outside of a manufactured home park or subdivision;

   2. In a new manufactured home park or subdivision;

   3. In an expansion to an existing manufactured home park or subdivision; and

   4. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood:

      1. Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a minimum of 1 foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

      2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's flood insurance rate map that are not subject to the provisions of this division (E) will be elevated so that either:

         1. The lowest floor of the manufactured home is a minimum of 1 foot above the base flood elevation; or

         2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement.

8. Standards for recreational vehicles . All recreational vehicles placed on sites within a floodplain shown on the community's flood insurance rate map will either:

   1. Be on the site for fewer than 180 consecutive days;

   2. Be fully licensed and ready for highway use; or

9. Meet the permit requirements of § 159.313 and the elevation and anchoring requirements for manufactured homes in division (E) above.

10. Floodways .

    1. Located within areas of special flood hazard established in § 159.312 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

       1. Prohibit encroachments, including fill, new construction, substantial improvements and other new development unless certification by a California registered civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the

occurrence of the base flood discharge.

  2. If this division (G)(1) is satisfied, all new construction and substantial improvements and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this subchapter.

2. A variance to the cumulative damages provision of this subchapter may be granted by the Floodplain Administrator provided;

   1. A variance from these sections is formally requested from an applicant;

   2. The time period for calculating cumulative damages/ improvements occurred prior to January 8, 1995.

3. Flood Zone "A" building permit applicants . The following summarizes sections of the Flood Damage Prevention Ordinance for building permit applicants who may be located in Flood Zone A and specifies steps to take in obtaining a building permit:

   1. A California Registered Civil Engineer is required to prepare an engineering study. The engineer must evaluate the building site and make a determination as to whether the proposed structure will be located within the 100-year floodplain.

      1. The engineering study will involve preparing a topographic site map (related to the National Geodetic Vertical Datum of 1929), perform hydrologic and hydraulic studies and other related engineering calculations required to determine the location of the 100-year floodplain unless specifically exempted by the Floodplain Administrator.

      2. The engineering study must show that the proposed structure will not aggravate flooding problems on adjacent properties.

   2. If it can be shown, via the engineering study, that the proposed structure will not encroach into the 100-year floodplain, no special

   • "floodproofing" construction measures will be required. (Note - in accordance with division (A) above, if a feasible building site exists outside of the 100-year floodplain, no building and associated construction activities are allowed in the 100-year floodplain).

   3. If the structure does encroach into the 100-year floodplain, the engineering study must include the accompanying wind, hydrodynamic, hydrostatic, impact and buoyant forces, as they apply, on the structure. These forces must be included in the design of the structure (see FEMA 114/September, 1986, "Design Manual for Retrofitting Floodprone Residential Structures").

   4. In accordance with division (B0 above, the following shall also apply to construction within the 100-year floodplain.

      1. Single-family dwellings must have their lowest floors elevated a minimum of 1 foot above the 100-year flood elevation. It is recommended that the lowest floor be elevated a minimum of 2 feet in order to prevent inundation of floor joists, insulation and the like. Floodproofing requirements must be satisfied.

      2. Non-residential construction (such as garages, storage sheds and the like) must meet 1 of the following standards:

         1. Be elevated such that the lowest floor is elevated a minimum of one foot above the 100-year flood level; (Two feet is recommended, in accordance with criteria set forth for new construction and substantial improvements.)

         2. Be flood proofed so that below the 100-year flood level the structure is watertight; and

4. Be vented (1 square inch of vent for every square foot of enclosed area). This permits flood waters to enter and exit a structure at the same time, allowing hydrostatic flood forces to equalize on exterior walls. The bottom of all openings shall be no higher than 1 foot above grade. A minimum of 2 vents per structure is required. Venting also applies to the crawl space area under elevated residential structures if the crawl space is enclosed. (Note - venting is the easiest and most economical method to comply with).

   3. All electrical outlets, heating, venting and air condition (HVAC) units, hot water heaters, washing machines, dryers and like appurtenances must be elevated a minimum of 1 foot above the 100-year floodplain.

   4. In accordance with § 159.313, encroachment is prohibited unless the engineering study can show that there will be no increase in the 100-year flood elevation.

(1973 Code, § 9-4.2205) (Ord. 98-3, eff. 7-1-1998)

159.315 Variance Procedure

1. Nature of variances .

   1. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this subchapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not the structure, its inhabitants or the property owners.

   2. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious, that variances from the flood elevation or from other requirements in this subchapter are quite rare. Therefore, the variance guidelines provided in this subchapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

2. Appeal board .

   1. Notwithstanding § 159.314(G), the City Council shall hear and decide appeals pursuant to Chapter 162 of this Municipal Code and the City Council shall consider requests for variances from the requirements of this subchapter pursuant to subsections (B)(2) through (B)(4) of this section.

   2. In passing upon the applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this subchapter, and:

      1. The danger that materials may be swept onto other lands to the injury of others;

      2. The danger of life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner and future owners of the property;

   4. The importance of the services provided by the proposed facility to the community;

   5. The necessity to the facility of a waterfront location, where applicable;

   6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

   7. The compatibility of the proposed use with existing and anticipated development;

   8. The relationship of the proposed use to any comprehensive plan and floodplain management program for that area;

   9. The safety of access to the property in time of flood for ordinary and emergency vehicles;

   10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site; and

   11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

   12. Any applicant to whom a variance is granted shall be given written notice over the signature of the Mayor of the City Council that:

       1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and

       2. The construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the City Council in the office of the City Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

   13. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

4. Conditions for variances .

   1. 1. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of this subchapter have been fully considered.

      2. As the lot size increases beyond ½ acre, the technical justification required for issuing the variance increases.

   2. Variances may be issued for the repair or rehabilitation of historic structures (as defined in § 159.311) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

   3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

5. Variances shall only be issued upon a determination that the variance is the minimum necessary, as defined in § 159.311, considering the flood hazard, to afford relief.

   5. Variances shall only be issued upon:

      1. A showing of good and sufficient cause;

      2. A determination that failure to grant the variance would result in exceptional hardship (as defined in § 159.313) to the applicant; and

      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances (as defined in § 159.313, cause fraud or victimization (as defined in § 159.313) of the public, or conflict with existing local laws or ordinances.

   6. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally depending use provided that the provisions of divisions (C)(1) through (C)(5) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

   7. Upon consideration of the factors of division (B)(3) above and the purposes of this subchapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subchapter.

(1973 Code, § 9-4.2206) (Ord. 98-3, eff. 7-1-1998; Am. Ord. 09-02, eff. 4-8-2009)

• 159 Second Residential Units (Sections 159.325 159.329)

159.325 Purpose

159.326 Definitions

159.327 Applicability Review Process

159.328 Development Standards

159.329 Development Standards For JAUDS

159.325 Purpose

The City finds that special regulations relating to the establishment and operation of Accessory Dwelling Units and Junior Accessory Dwelling Units are necessary to implement Cal. Gov't Code §§ 65852.2 and 65852.22 to improve affordable housing opportunities in the City and to protect the health, safety, and general welfare of the residents of the City.

(1973 Code, § 9-4.2301) (Ord. 791, eff. 8-10-1983; Am. Ord. 92-13, eff. 8-5-1992; Am. Ord. 08-04, eff. 4-14-2008)

HISTORY

Repealed & Replaced by Ord. 22-05 on 11/14/2022

159.326 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY DWELLING UNIT or ADU . An attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel the Primary Dwelling Unit is situated. An Accessory Dwelling Unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

ACCESSORY STRUCTURE. A structure that is accessory and incidental to a dwelling located on the same lot.

ATTACHED ACCESSORY DWELLING UNIT . An Accessory Dwelling Unit that is attached to the Primary Dwelling Unit, not including a Junior Accessory Dwelling Unit.

CITY. The City of Auburn.

CONVERTED or CONVERSION . The repurposing of all or apportion of an existing structure as an Accessory Dwelling Unit entirely within the existing structure building envelope and in accordance with all required residential building and construction standards set forth in the applicable California Building Codes.

DEPARTMENT . The Planning Department.

DETACHED ACCESSORY DWELLING UNIT . An Accessory Dwelling Unit that is separated from the Primary Dwelling Unit.

DIRECTOR . The Planning Director or his or her designee.

EFFICIENCY KITCHEN . A cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.

FLOOR AREA . The sum of the gross areas of the enclosed floors of a building or buildings measured from the centerline of the exterior wall or bottom plate or from the centerline of party walls separating such buildings.

GARAGE . The same meaning as defined in Section 159.001.

JUNIOR ACCESSORY DWELLING UNIT or JADU . A residential dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

LIVING AREA . The interior habitable area of a dwelling unit, including basements and attics, but does not include a Garage or any Accessory Structure.

PRIMARY DWELLING UNIT . A single-, two-, or multi-family dwelling existing or proposed, which provides complete independent living facilities for one or more persons.

PROPOSED DWELLING . A dwelling that is the subject of a permit application and that meets the requirements for permitting.

(1973 Code, § 9-4.2302) (Ord. 791, eff. 8-10-1983; Am. Ord. 08-04, eff. 4-14-2008)

HISTORY

Repealed & Replaced by Ord. 22-05 on 11/14/2022 Amended by Ord. 25-05 on 10/27/2025

159.327 Applicability Review Process

A. A Request for an Accessory Dwelling Unit and/or a Junior Accessory Dwelling Unit shall be reviewed by the Director in conjunction with an application for a building permit.

B. The applicant shall submit a site plan map, building elevations, and other information as may be necessary to determine compliance with the standards in Sections 159.328 - 159.329, as applicable.

C. The Director shall administratively approve the request for an Accessory Dwelling Unit and/or a Junior Accessory Dwelling Unit if the request complies with the standards listed in Section 159.328 - 159.329, as applicable.

(1973 Code, § 9-4.2303) (Ord. 791, eff. 8-10-1983; Am. Ord. 08-04, eff. 4-14-2008; Am. Ord. 17-06, eff. 5-23-2017)

HISTORY

Amended by Ord. 20-01 on 2/10/2020 Repealed & Replaced by Ord. 22-05 on 11/14/2022

159.328 Development Standards

All Accessory Dwelling Units and Junior Accessory Dwelling Units shall meet the following requirements:

A. Zoning.

1. Accessory Dwelling Units and Junior Accessory Dwelling Units are only permitted in the following zoning districts:

   • i. Single-Family Residential District (R-1);

ii. Two-Family Residential (Duplex) District (R-2);

iii. Medium Density Multi-Family Residential District (R-3);

iv. Exclusive Agricultural District (A-1); or

• v. Agricultural Residential District (AR).

2. Accessory Dwelling Units and Junior Accessory Dwelling Units may not exceed the allowable density for the lot upon which the unit is located, and ADUs/JADUs must be for residential use that is consistent with the General Plan and zoning designation for the lot.

B. Historic Properties .

1. An Accessory Dwelling Unit proposed for a historic property, including a Conversion, shall:

i. Be located in the rear of the property such that at least 50 percent of the ADU's first floor, front-facing facade is behind the predominant massing of the existing dwelling.

ii. Not be placed in a manner to block visibility of the historic resource from the public right-of-way or compete with character-defining features of the historic resource.

C. Floor Area of ADUs .

1. The maximum size of the Floor Area of an Attached Accessory Dwelling Unit shall not exceed 50% of the existing Primary Dwelling if the Primary Dwelling is a single-family residence.

2. The maximum size of the Floor Area of an Attached Accessory Dwelling Unit shall not exceed 25% of the existing Primary Dwelling if the Primary Dwelling is a multi-family residence.

3. The maximum size of the Floor Area of a Detached Accessory Dwelling Unit shall not exceed 1,200 square feet.

4. Nothing in this subsection shall prohibit an ADU that is 850 square feet, or 1,000 square feet if it provides more than one bedroom, and constructed in compliance with all other local development standards.

D. Floor Area of JADUs .

1. The maximum size of the Floor Area of a Junior Accessory Dwelling Unit shall not exceed 500 square feet.

2. The minimum size of the Floor Area of a Junior Accessory Dwelling Unit shall be greater than 220 square feet, pursuant to the International Building Code of the International Code Council Standards.

E. Site Coverage .

1. A maximum of 30% of the rear yard area may be covered by structures, including the areas covered by the Accessory Dwelling Unit or Junior Accessory Dwelling Unit and any other Accessory Structures, and projections of the Primary Dwelling Unit.

2. The lot must contain an existing single-family detached dwelling unit or a proposed single-family dwelling unit and no other dwelling units. There shall be no more than one Accessory Dwelling Unit and one Junior Accessory Dwelling Unit per lot with a single-family dwelling. There shall be no more than two detached Accessory Dwelling Units on a lot with an existing multifamily dwelling. Multiple Junior Accessory Dwelling Units shall be permitted within the portions of existing multifamily dwelling structures that are not used as Living Areas if each JADU complies with state building standards for dwellings.

3. Nothing in this subchapter shall prohibit an Accessory Dwelling Unit that is at least 800 square feet, 16 feet in height, with four-foot side and rear yard setbacks, and constructed in compliance with all other local development standards.

F. Setbacks .

The setback standards for ADUs are as follows:

1. Front yard setback - 20-feet.

2. Side yard setback - four feet.

3. Rear yard setback - four feet.

4. There are no setback requirements for an existing Living Area or Accessory Structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is Converted into an Accessory Dwelling Unit or portion of an Accessory Dwelling Unit.

5. If a Garage is attached to an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, it shall be set back 10 feet from property line.

G. Height Limits .

1. Accessory Dwelling Units shall not exceed one-story or 16 feet in height measured to top of parapet or pitched roof, unless the Accessory Dwelling Unit is contained within the existing legal two-story space of a single-family detached dwelling unit; added above or below an existing legal single family detached dwelling unit; or added above an existing legal one-story detached Garage on a property with an existing legal two-story singlefamily detached dwelling unit; and consistent with the setback and height regulations of Appendix A (District Regulations) of Chapter 159 of Title XV. Accessory Dwelling Units shall not exceed two stories in height in all cases.

H. Parking .

1. A minimum of one paved off-street parking space shall be provided for each Accessory Dwelling Unit. Surface parking may encroach up to 15 feet into the rear setback. The additional on-site space required for the Accessory Dwelling Unit may be provided by tandem parking, unless the Director makes specific findings that such parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the City.

2. If an existing Garage, carport, or covered parking structure is to be demolished in conjunction with the construction of an Accessory Dwelling Unit, the required off-street parking for the Primary Dwelling Unit need not be replaced. Replacement parking spaces may be provided in any configuration on the lot, including, but not limited to, covered, uncovered, or tandem spaces, or by the use of mechanical automobile parking lifts.

or covered parking structure is to be demolished in conjunction with the construction of an Accessory Dwelling Unit, the required off-street parking for the Primary Dwelling Unit need not be replaced. Replacement parking spaces may be provided in any configuration on the lot, including, but not limited to, covered, uncovered, or tandem spaces, or by the use of mechanical automobile parking lifts.

3. Notwithstanding any other provision of this code, no additional parking shall be required for an Accessory Dwelling Unit if any of the following is true:

i. The Accessory Dwelling Unit is located within one-half mile walking distance of a public transit stop;

ii. The Accessory Dwelling Unit is located within an architecturally and historically significant historic district;

iii. The Accessory Dwelling Unit is part of the existing Primary Dwelling Unit or an existing accessory structure;

iv. On-street permits are required but not offered to the occupant of the Accessory Dwelling Unit; or

v. There is a publicly accessible car share vehicle located within one block of the Accessory Dwelling Unit.

I. Facilities .

1. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall have the following features located within the unit:

i. Independent heating controls, and cooling controls if air conditioning is provided.

ii. Its own kitchen with sink and standard built-in or freestanding appliances, except that a Junior Accessory Dwelling Unit shall have an Efficiency Kitchen.

iii. Its own bathroom with toilet, sink, and tub or shower, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit.

iv. Indoor washer and dryer hookups, except that a Junior Accessory Dwelling Unit may share these facilities with the Primary Dwelling Unit.

v. Exterior access independent from the Primary Dwelling Unit. Except for a Junior Accessory Dwelling Unit, there shall be no shared access with the Primary Dwelling Unit.

J. Utilities

1. A new or separate utility connection shall be required for all Accessory Dwelling Units that are not described in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 of the California Government Code.

2. A connection fee and capacity charge for utilities, including water and sewer service, shall be charged for such Accessory Dwelling Units proportionate to the additional burden the unit places on the service(s) provided.

3. Approval by the local health officer is required where a private sewage disposal system is being used.

K. Building Code .

1. The Accessory Dwelling Unit must meet minimum building and fire code requirements prior to occupancy of the Accessory Dwelling Unit.

2. An Accessory Dwelling Unit and a Junior Accessory Dwelling Unit shall be required to have a permanent foundation.

L. Appearance.

1. The design of the Accessory Dwelling Unit shall be the same as the Primary Dwelling Unit on the lot. The Director shall make this determination based on architectural use of forms, height, materials, colors, and landscaping.

2. A minimum of 100 square feet shall be provided for use as common space by an Accessory Dwelling Unit and a Junior Accessory Dwelling Unit, of which no less than half shall be directly accessible to the unit.

M. Primary and Accessory Dwellings Not Separable .

1. An Accessory Dwelling Unit shall not be sold separately from the Primary Dwelling Unit, except as provided in California Government Code § 65852.26.

N. Occupancy and Rental .

1. On all lots containing an Accessory Dwelling Unit, either the Primary or Accessory Dwelling Unit shall be owner-occupied and eligible for a "homeowners' exemption" for property tax purposes. This subsection shall only apply to an Accessory Dwelling Unit for which an application is approved on or after the effective date of this subsection. The owner occupancy requirement in this subsection is not operative between January 1, 2020, and January 1, 2025.

2. The owner shall sign a "Notice of Restrictions: Occupancy, Sale and Rental," which the Director will record with the County Recorder's office, prior to issuance of a building permit for the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit, acknowledging the requirements of subsections (M)(l) and (N)(2) of this section.

3. Fees .

4. An Accessory Dwelling Unit application must be submitted to the Director along with the appropriate fee as established by the City Council from time to time by resolution in accordance with applicable law.

5. The City may impose a fee on the applicant in connection with approval of an Accessory Dwelling Unit for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 65852.2(f)(1) and 66000(b).

6. Any development impact fees charged for an Accessory Dwelling Unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the Accessory Dwelling Unit. Accessory Dwelling Units of less than 750 square feet shall not be charged an impact fee.

7. The City will not consider an Accessory Dwelling Unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family or multi-family dwelling.

8. The City may charge a fee to inspect an Accessory Dwelling Unit to determine compliance with applicable building standards.

P. Permit Approval .

1. All proposed Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to review for compliance with the terms of this subchapter by the Director, via a zoning clearance. The Director shall complete the review of the application within sixty (60) days of receipt of a complete submission if there is an existing single-family or multifamily dwelling on the lot. Review of, and the denial of or granting of, an application for an Accessory Dwelling Unit permit by the Director is a ministerial action. The Director shall not approve an application or issue a permit unless the proposed Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit complies with the requirements of this subchapter. The decision of the Director shall be final and conclusive.

2. A proposed Accessory Dwelling Unit submitted with a new single-family dwelling application will be reviewed for compliance at the time the new single-family dwelling application is reviewed. The Accessory Dwelling Unit application shall be considered ministerially without discretionary review.

• Q. Permit Termination : A permit for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit shall terminate when one (1) or more of the following occur:

  1. The construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit is not commenced within one (1) year from the date of permit issuance;

  2. The construction of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit has been abandoned or discontinued for one hundred eighty (180) consecutive days or more;

  3. The owner of the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit files a declaration with the Director that the permit has been abandoned or discontinued and the unit has been removed from the property; or

  4. The permit has expired by its own terms.

(1973 Code, § 9-4.2304) (Ord. 791, eff. 8-10-1983; Am. Ord. 08-04, eff. 4-14-2008)

HISTORY

Repealed & Replaced by Ord. 22-05 on 11/14/2022 159.329 Development Standards For JAUDS

A. All the requirements under Section 159.328 apply equally to Junior Accessory Dwelling Units, unless stated otherwise in this section.

B. A property owner may build a Junior Accessory Dwelling Unit, in addition to an Accessory Dwelling Unit, provided each Junior Accessory Dwelling Unit and Accessory Dwelling Unit, if applicable, are in compliance with the requirements of this section in any zone and for any property for which an Accessory Dwelling Unit is permitted by this subchapter.

C. Any Junior Accessory Dwelling Unit shall be built within the Primary Dwelling Unit and the Primary Dwelling Unit may be extended up to one hundred filty (150) square feet in conjunction therewith. A Junior Accessory Dwelling Unit may be combined with an Accessory Dwelling Unit in compliance with this subchapter.

D. The owner must reside in the single-family residence but may choose to reside within the remaining portion of the structure or the newly created Junior Accessory Dwelling Unit, except as may be allowed otherwise by Government Code Section 65852.22, subdivision (a)(2).

E. All Junior Accessory Dwelling Units shall include, at a minimum, an Efficiency Kitchen and Living Area. It may include separate sanitation facilities or may share sanitation facilities with the existing structure. The Junior Accessory Dwelling Unit must include a separate entrance from the main entrance to the proposed or existing single-family residence.

(1973 Code, § 9-4.2306) (Ord. 791, eff. 8-10-1983; Am. Ord. 92-13, eff. 8-5-1992; Am. Ord. 08-04, eff. 4-14-2008; Am. Ord. 17-06, eff. 5-23-2017)

HISTORY

Amended by Ord. 20-01 on 2/10/2020 Repealed & Replaced by Ord. 22-05 on 11/14/2022

• 159 Residential Density Bonus (Sections 159.335 159.342) 159.330 Purpose 159.331 Definitions 159.332 Density Bonus Permit Application 159.333 Density Bonus 159.334 Concessions And Incentives 159.335 Waivers Or Reductions Of Development Standards 159.336 Parking 159.337 Childcare Facilities 159.338 Density Bonus For Donation Of Land 159.339 Condominium Conversions 159.340 Standards Governing Affordable Units 159.341 Miscellaneous 159.342 Density Bonus Housing Agreement HISTORY Repealed & Replaced by Ord. 22-06 on 11/14/2022 159.330 Purpose

The purpose of §§ 159.330 through 159.342 of this subchapter is to facilitate the development of affordable housing in accordance with Cal. Gov't Code §§ 65915 through 65918. In enacting this subchapter, it is the intent of the city of Auburn to assist the private sector in making housing units affordable to very low, low, and moderate income households economically viable, and to implement the goals, policies and objectives of the city's housing element.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.331 Definitions

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

AFFORDABLE HOUSING COST.

Total monthly housing costs, including mortgage debt service, homeowner association dues, insurance, utility allowances and property taxes, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in Cal. Health & Safety Code § 50052.5 as follows:

• A. Very Low Income: 50% of the area median income for Placer County, adjusted for household size, multiplied by 30% and divided by twelve.

• B. Lower Income 70% of the area median income for Placer County, adjusted for household size, multiplied by 30% and divided by twelve.

• C. Moderate Income: 100% of the area median income for Placer County, adjusted for household size, multiplied by 35% and divided by twelve.

AFFORDABLE RENT.

Total monthly housing expenses, including a reasonable allowance for utilities, paid by a qualifying household, which shall not exceed a specified fraction of their gross income as specified in Cal. Health & Safety. Code § 50053 as follows:

• A. Very Low Income: 50% of the area median income for Placer County, adjusted for household size, multiplied by 30% and divided by twelve.

• B. Lower Income: 60% of the area median income for Placer County, adjusted for household size, multiplied by 30% and divided by twelve.

• C. Moderate-Income: 110% of the area median income for Placer County, adjusted for household size, multiplied by 35% and divided by twelve.

AFFORDABLE UNIT.

A dwelling unit within a housing development which will be reserved for sale or rent to very low, lower, or moderate income households, or qualifying residents, as specified in Cal. Gov't Code § 65915(b).

BASE DENSITY UNIT.

The total number of residential units of a housing development permitted under the development standards of this code.

CHILDCARE FACILITY.

A child daycare facility, including an infant center, preschool, extended daycare facility, and school age childcare center, and excluding a family daycare home, as specified in Cal. Gov't Code§ 65915(h)(4).

COMMON INTEREST DEVELOPMENT.

A community apartment complex, condominium project, planned development, or stock cooperative, as specified in Cal. Civ. Code § 4100.

DENSITY BONUS.

A density increase over the otherwise maximum allowable gross residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application, or a lesser percentage of density increase at the applicant's election, as specified in Cal. Gov't Code § 65915(f).

DENSITY BONUS HOUSING AGREEMENT.

A legally binding agreement between a developer and the city to ensure that the requirements of this subchapter are satisfied.

DENSITY BONUS PERMIT.

A ministerial permit granting a density bonus, incentive, concession, waiver, or parking ratio as required by this subchapter.

DENSITY BONUS UNIT.

Those residential units of the housing development granted pursuant to the provisions of this subchapter which exceed the otherwise maximum residential density for the development site and are in addition to the base density units.

DEVELOPMENT STANDARDS.

A site or construction condition, including, but not limited to, a minimum lot or unit size, a height limitation, a setback requirement, a floor area ratio, lot coverage, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation, as specified in Cal. Gov't Code§ 65915(0)(1).

DISABLED VETERAN.

Any person who has served full time in the armed forces in time of national emergency or state military emergency or during any expedition of the armed forces and who has been discharged or released under conditions other than dishonorable and who is currently declared by the United States Veterans Administration to be 10% or more disabled as a result of service in the armed forces, as specified in Gov't Code §18541.

FOSTER YOUTH.

A person in California whose dependency was established or continued by the court on or after the youth's sixteenth birthday and who is no older than 25 years of age at the commencement of the academic year, as specified in Cal. Edu. Code § 66025.9(b)(1).

HOMELESS PERSON.

An individual or family who lacks a fixed, regular, and adequate nighttime residence or any other person within the definition of 42 U.S.C.A. § 11302(a).

HOUSING DEVELOPMENT.

A development project consisting of 5 or more residential units, including a mixed-use development. A housing development includes a subdivision or a common interest development that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in·available residential units, as specified in Cal. Gov't Code§ 65863.4(d).

LOCATED WITHIN ONE-HALF MILE OF A MAJOR TRANSIT STOP.

That any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop."

LOWER INCOME HOUSEHOLD or LOW INCOME HOUSEHOLD.

Households whose income does not exceed the lower income limits applicable to Placer County, as published and periodically updated by the State Department of Housing and Community Development and specified in Cal. Health & Safety Code § 50079.5 and 25 C.F.R. § 6932.

MAJOR TRANSIT STOP.

A site as specified in Cal. Gov't Code § 65915(p)(2) and Cal. Pub. Res. Code§§ 21064.3 & 21155(b).

MODERATE INCOME HOUSEHOLD.

Households whose income does not exceed the moderate-income limits applicable to Placer County, as published and periodically updated by the State Department of Housing and Community Development and specified in Cal. Health & Saf. Code § 50093 and 25 CCR § 6932.

OTHER INCENTIVES OF EQUIVALENT FINANCIAL VALUE.

A reduction or waiver of requirements which the city might otherwise apply as a condition of approval, that are equivalent in financial value to the density bonus for which the applicant is eligible, as specified in Cal. Gov't Code § 65915.5(c).

SENIOR CITIZEN HOUSING DEVELOPMENT.

A residential development developed, substantially rehabilitated, or substantially renovated for persons 55 years of age or older that has at least 35 dwelling units, as specified in Cal. Civ. Code § 51.3.

SPECIFIC, ADVERSE IMPACT.

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, as specified in Cal. Gov't Code § 65589.5(d)(2).

VERY LOW INCOME HOUSEHOLD.

Households whose income does not exceed the very low income limits applicable to Placer County, as published and periodically updated by the State Department of Housing and Community Development and specified in Cal. Health & Saf. Code § 50093 and 25 CCR § 6932.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.332 Density Bonus Permit Application

• A. An applicant for a density bonus permit must submit a density bonus permit application that includes the following information:

  1. A brief description of the proposed housing development, including the number of affordable units, market rate units, base density units, density bonus units proposed, and the total anticipated number of units;

  2. The general plan, specific plan, and zoning designations for the project site;

  3. The assessor's parcel number(s) of the project site;

  4. A vicinity map and preliminary site plan, including building footprints, elevations, and driveway and parking layouts;

  5. The number and type of incentives and concessions requested;

  6. The number and type of waivers and reductions in development standards requested;

7. The parking ratio requested;

8. A financial pro forma including capital costs, operating expenses, return on investment, revenues, loan-to-value and debt-coverage ratios, any contribution provided by subsidy programs, and the economic effect of the use and income restrictions on the affordable units;

9. An appraisal report indicating the value of the density bonus and incentives or concession requested;

10. An explanation indicating how the incentive or concession or the waiver or reduction in the development standards significantly contributes to the economic feasibility of providing the affordable units;

• B. Within thirty days of receipt of the density bonus application, the Director will determine whether the application is complete and notify the applicant of:

  1. The amount of density bonus for which the applicant is eligible;

  2. The number of concessions or incentives for which the applicant is eligible;

  3. Whether the applicant provided adequate information for the city to make a determination as to the applicant's requested concessions or incentives and waivers or reductions of development standards; and

  4. The parking ratio for which the applicant is eligible.

C. An application for a density bonus permit will be processed concurrently with any other application(s) required for the housing development. The director is responsible for reviewing a density bonus permit application, unless the application is combined with another entitlement application for which a higher reviewing authority is required, in which case such authority will act as the reviewing body for the density bonus permit.

D. Filing Fee.

Each such original application shall be accompanied by a filing and processing fee in an amount as set by the city council.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.333 Density Bonus

A. Eligibility for Affordable Housing Units. All housing developments which include at least the minimum number of affordable units are eligible for a density bonus. The number of density bonus units are determined by calculating the percentage of affordable units out of the base density units for a certain type of project, as provided in the tables below:

Table 1: Density Bonus for Very Low Income Units in a Housing Development

Table 2: Density Bonus for Lower Income Units in a Housing Development

Table 3: Density Bonus for Moderate Income For-Sale Units in a Common Interest Development

• B. Eligibility for Other Qualifying Housing Developments.

1. A senior citizen housing development is eligible for a 20% density bonus.

2. If at least 10% of the base density units are for foster youth, disabled veterans, or homeless persons, with rents restricted for very low income households, the housing development is eligible for a 20% density bonus

3. If 100% of the base density units, exclusive of the manager's units, are restricted to very low, lower or moderate income households, with no more than 20% of the base density units restricted to moderate income households, the housing development is eligible for a density bonus of 80% of the number of units for lower income households.

4. If 100% of the base density units, exclusive of the manager's units, are restricted to very low, lower or moderate income households, with no more than 20% of the base density units restricted to moderate income households, and the housing development is located within one-half miles of a major transit stop, the city may not impose any maximum controls on density. The housing development will still be constrained by all other development standards.

• C. Findings. To grant a density bonus, the reviewing body must make the following findings.

1. The amount of density bonus corresponds to the affordability thresholds in Tables 1-3 of this section;

2. The housing development is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

• a. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income:

• b. Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

c. Occupied by lower or very low income households; unless, either of the following apply:

i. The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.334 Concessions And Incentives

A. Eligibility. The number of concessions and incentives are calculated based on certain eligibility thresholds for affordable housing projects. An applicant who is eligible for a density bonus under this subchapter may request one or more concessions or incentives as permitted in the table below:

Table 1: Incentive or Concession Awards

• B. Types of Concessions and Incentives.

  1. Reduction in site development standards;

  2. Modification of a zoning requirement or architectural design requirement that exceeds the minimum building standards approved by the California Building Standards Commission.

  3. Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the housing development and are compatible with the housing development and the existing or planned development in the area where the proposed housing project will be located.

  4. Other regulatory concessions or incentives proposed by the applicant that result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units.

  5. If the housing development is entitled to four concessions or incentives and is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or thirty-three feet.

• C. Findings. To grant a concession or incentive, the reviewing body must make the following findings.

  1. The number of concessions or incentives correspond to the affordability thresholds in Table 1 of this section;

  2. The concessions or incentives are among the types identified in this section;

  3. The housing development is veteran, homeless person, development; not a foster youth, disabled or senior citizen housing

  4. The concession or incentive results in identifiable and actual cost reductions to provide affordable housing costs;

5. The concession or incentive will not have a specific, adverse impact on public health, public safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the housing development unaffordable to lower and moderate income households;

6. The concession or incentive will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the housing development unaffordable to low- and moderate-income households;

7. The concession or incentive would not be contrary to state or federal law;

8. The housing development is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

   • a. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income;

   • b. Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

   • c. Occupied by very low or lower income households; unless, either of the following apply:

     • i. The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.335 Waivers Or Reductions Of Development Standards

A. Eligibility.

If compliance with a development standard would physically preclude construction of a housing development utilizing the density bonus or a concession or incentive, the applicant may submit a proposal for a waiver or reduction of the development standard. There is no maximum limit on the number of waivers an applicant may request. An applicant must first exhaust his or her available incentives and concessions before requesting a waiver.

• B. Findings. To grant a waiver, the reviewing body must make the following findings.

  1. The housing development qualifies for a density bonus or a concession or incentive;

  2. The requested waiver or reduction applies to a development standard;

  3. The development standard would physically preclude construction of the housing development at the densities or with the concessions or incentives permitted under this subchapter:

4. The waiver or reduction in the development standard will not have a specific, adverse impact on public health, public safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing

development unaffordable to low- and moderate-income households;

5. The waiver or reduction in the development standard will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households;

6. The waiver or reduction in the development standard would not be contrary to state or federal law;

7. The waiver or reduction in the development standard does not change the number of affordable units in such a way that either reduces or increases the number of incentives or concessions to which the applicant is entitled; and

8. The housing development does not seek a waiver from any maximum controls on density.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.336 Parking

A. Eligibility. An application that qualifies for a density bonus or a concession or incentive may request alternative or special parking standards. The number of on-site parking spaces required under an alternative parking standard will be based on the number of bedrooms per unit. The number of on-site parking spaces required under a special parking standard will be based on the number of bedrooms or units in the housing development. An applicant may request the following alternative or special parking standards.

Table 1. Alternative Parking Standards

Table 2. Special Parking Standards

• B. Findings. For the alternative or special parking standards to apply, the reviewing body must make the following findings.

  1. The housing development qualifies for a density bonus or a concession or incentive;

  2. The requested parking ratio is not in conflict with an area-wide or jurisdiction-wide parking study supporting the need for a higher parking ratio.

• C. Handicap and Guest Parking. The parking ratios in this section are inclusive of handicapped and guest parking.

D. Configuration. A housing development may provide onsite parking through covered parking, tandem parking or uncovered parking, but not through onstreet parking.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.337 Childcare Facilities

A. Eligibility. An application for a development project that complies with the density bonus requirement of this subchapter and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development may request one additional bonus or concession as follows:

1. An additional density bonus based on square footage instead of density bonus units. The density bonus for a childcare facility will be an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or

2. An additional concession or incentives that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. Findings. To grant a bonus or concession for a childcare facility, the reviewing body must make the following findings:

1. The housing development qualifies for a density bonus or a concession or incentive;

2. The bonus or concession will contribute significantly to the economic feasibility of the construction of the childcare facility;

3. The city does not have adequate childcare facilities;

4. The bonus or concession will not have a specific, adverse impact on public health, public safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower and moderate income households; and

5. The bonus or concession will not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate- income households.

• C. Conditions of Approval. The childcare facility will comply with the following conditions of approval:

  1. The childcare facility will remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable; and

  2. Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low or lower income households or families of moderate income.

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.338 Density Bonus For Donation Of Land

A. Land Donation. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city is entitled to a density bonus in addition to any other density bonus for the housing development, up to a maximum combined density increase of 35%. The density bonus for the donation of land will be calculated as follows:

Table 1. Density Bonus for Land Donation

B. Requirements for Bonus. A bonus for the donation of land must meet the following requirements:

1. The applicant shall donate and transfer the land no later than the date of approval of the final tract, parcel map, or residential development application;

2. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low

income households in an amount not less than 10% of the number of residential units of the proposed housing development;

3. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible;

4. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all of the permits and approvals, other than design review and building permits necessary for development of the very low income housing units on the transferred land;

5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of units.

6. The land is transferred to the city or to a housing developer approved by the city.

7. The transferred land must be within a quarter mile of the boundary of the proposed housing development;

8. A proposed source of funding for the very low income units is identified not later than the date of approval of the final parcel, tract map, or residential development application.

(Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.339 Condominium Conversions

A. Eligibility. When an applicant seeks to convert apartments to a condominium project and provide affordable housing, he or she will receive either (1) a density bonus or (2) other incentives of equivalent financial value.

Table 1: Density Bonus for Condominium Projects

• B. Findings. To grant a bonus or incentive, the reviewing body must make the following findings.

  1. The requested bonus or incentive corresponds to the affordability thresholds in Table 1 of this section;

  2. The condominium project does not seek and has not benefitted from a density bonus, incentive, concession, waiver, or parking ratio under this subchapter;

  3. The condominium project is not proposed on any property on which dwelling units have been vacated or demolished in the five-year period preceding the application, which have been:

a) Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income;

• b) Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or

c) Occupied by lower or very low income households; Unless, either of the following apply:

• i. The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages qualifying for a density bonus; or

ii. Each unit in the condominium project is affordable to, and occupied by, either a lower or very low income household,

• (Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.340 Standards Governing Affordable Units

• A. Affordable units must be dispersed throughout the project;

• B. Affordable unit types shall be provided in approximately the same proportion as units in the project as a whole;

C. Affordable units must be compatible with the design of the market rate units, except that the applicant may reduce the interior amenities for affordable units upon approval by the city as necessary to retain project affordability;

D. Affordable units must comply with all applicable development standards, except those which may be modified by this subchapter.

(Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022 159.341 Miscellaneous

A. Contiguity. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

B. Proximity. The density bonus units will be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

C. Combinations. Density bonuses must be selected from one category and cannot be combined, except for density bonuses for childcare facilities in § 159.337 and the donation of land in § 159.338.

D. Rounding. If the total number resulting from a calculation based on the allowances in any of the tables of this subchapter are other than a whole number, the number will be rounded up to the next whole number.

E. Timing. Affordable units and density bonus units in a housing development will be constructed concurrently with or prior to the construction of marketrate units, unless both the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

(Ord. 08-05, eff. 6-23-2008)

HISTORY

Repealed & Replaced by Ord. 22-06 on 11/14/2022

159.342 Density Bonus Housing Agreement

A. Deed Restriction. A density bonus housing agreement will be made a condition of the density bonus permit. The terms and conditions of the density bonus agreement will run with the land which is to be developed, shall be binding upon the successor(s)-in-interest of the density bonus permit applicant, shall be recorded in the county recorder's office, and shall be approved as to form by the city attorney as to compliance with applicable state law.

B. Timing. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units.

• C. Required Provisions. The density bonus housing agreement shall include at least the following:

1. The total number of units approved for the housing development, including the number of affordable units;

   2. A description of the household income group to be accommodated by the housing development and the standards for determining the corresponding affordable rent or affordable housing cost;

   3. The location, unit sizes (square feet), and number of bedrooms of affordable units;

   4. Tenure of use restrictions of at least 55 years for affordable units and, as applicable, density bonus units;

   5. A schedule for completion and occupancy of affordable units;

   6. A description of the incentives or concessions;

   7. A description of the waivers;

   8. A description of the parking ratio;

   9. A prohibition on any rentals whereby a residence or a portion of a residence is rented to a tenant for a period of less than thirty days;

   10. A clause allowing for the recovery of any legal costs incurred in any action taken to enforce compliance with the density bonus housing agreement;

   11. Applicable deed restrictions, in a form satisfactory to the city attorney, containing provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

   12. Other provisions to ensure implementation and compliance with this subchapter.

• D. For-Sale Housing Developments. In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

  1. Affordable units shall, upon initial sale, be sold to eligible very low or lower income households, or moderate income households for condominiums, at an affordable housing cost;

2. Purchasers of affordable units shall be required to occupy the unit except with approval from the city. Evidence must be presented to the city that the owner is unable to occupy the unit due to illness or incapacity. In such cases, the unit shall be rented to a person within the same household income category; and

3. A resale restriction shall be recorded against all affordable units restricting the price at which the unit may be resold during the applicable use restriction period.

   4. The agreement shall specify that subsequent owners must meet the same qualifications as the original owner and must be pre-approved for purchase by the city. The agreement shall also grant the city the right-of-first-refusal to purchase an affordable unit each time it is sold.

4. The city will enforce an equity sharing agreement which will require that, upon resale, the seller of the unit will retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. For purposes of this section, the city's initial subsidy will be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value. The city's proportionate share of appreciation will be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of the initial sale.

   6. Provisions requiring sellers to submit an annual report to the city on December 31st, which includes the name, address, and income of each buyer of an affordable unit, and which identifies the purchase price upon sale or resale.

• E. Rental Housing Developments. In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of affordable units during the use restriction period:

  1. Affordable units will be let to qualified residents at an affordable rent;

  2. Affordable units within housing developments where 100% of the base density units are restricted to very low, lower, or moderate income households will be let to qualified residents at an affordable rent as calculated by Cal. Gov't Code § 65915( c)(l)(B)(ii).

  3. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining affordable units for qualified tenants;

  4. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this subchapter; and

  5. Provisions requiring owners to submit an annual report to the city on December 31st, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

• (Ord. 08-05, eff. 6-23-2008)

HISTORY

159.345 Purpose And Intent

1. This subchapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Cal. public Resources Code Division 2, Chapter 9 (commencing with § 2710).

2. The Council hereby finds and declares:

3. The continued, and potential, extraction of minerals is essential to the continued economic well-being of the city, and to the needs of society, and the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;

   2. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly; and

   3. Surface mining will only be considered and allowed in the zoning districts which specifically allow mineral extraction through a use permit.

(1973 Code, § 9-4.2401) (Ord. 831, eff. 12-10-1986)

159.346 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EXPLORATION or PROSPECTING . The search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to sampling, assaying, drilling or any surface or underground work needed to determine the type, extent or quantity of minerals present.

MINED LANDS . The surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.

MINERAL . Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

MINING WASTE . The residual of soil, rock, minerals, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

OPERATOR . any person who is engaged in surface mining operations himself or herself, or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

OVERBURDEN . Soil, rock, or other materials which lie above a natural mineral deposit or in between deposits before or after their removal by surface mining operations.

PERMIT . Any formal authorization from, or approval by, the city, the absence of which would preclude surface mining operations.

PERSON . Any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state, or any department or agency thereof.

RECLAMATION . The process of land treatment which minimizes water degradation, air pollution, damages to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to the public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction or stabilization.

STATE BOARD . The State Mining and Geology Board in the Department of Conservation of the state.

STATE GEOLOGIST . An individual holding office as structured in Cal. Public Resources Code Division I, Chapter 2, Article 3, § 677.

SURFACE MINING OPERATION . All or any part of the process involved in the mining of minerals on mined lands or unmined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying or surface work incident to an underground mine. SURFACE MINING OPERATION shall include, but not be limited to:

1. To place distillation, retorting or leaching;

2. The production and disposal of mining waste; and

3. Prospecting and exploratory activities.

(1973 Code, § 9-4.2402) (Ord. 831, eff. 12-10-1986)

159.347 Scope

1. The provisions of this subchapter shall apply to the incorporated areas of the city.

2. The provisions of this subchapter shall not be applicable to:

   1. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;

   2. Prospecting for, or the extraction of, minerals for commercial purposes in total amounts of less than 1,000 cubic yards (including overburden removal) in any 1 location of one acre or less which is not within 1,000 feet of any incompatible land use;

   3. Surface mining operations which are required by federal laws in order to protect a mining claim if the operations are conducted solely for the purpose; and

   4. Other mining operations which the city determines to be of an infrequent nature and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to subsection (d) of § 2714 and subsection (c) of § 2758 of the California Surface Mining and Reclamation Act of 1975.

(1973 Code, § 9-4.2403) (Ord. 831, eff. 12-10-1986)

159.348 Permit And Reclamation Plan Requirements

1. Any person, except as provided in § 2776 of the California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain a conditional use permit according to the city zoning provisions to mine and the approval of a reclamation plan in accordance with the provisions set forth in this subchapter and as further provided in Article 5 of the California Surface Mining and Reclamation Act of 1975. The fees for the use permit and reclamation plan evaluation shall be paid at the time of filing. The fees shall be established by Council resolution and shall include reimbursement to the city for all costs of review, processing and implementation.

2. The requirements of the California Environmental Quality Act guidelines shall apply where applicable.

3. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the Planning Department and as called for by § 2772 of the California Surface Mining and Reclamation Act of 1975.

4. No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this subchapter so long as the vested right continues provided no substantial change is made in the operation, except in accordance

with the provisions of this subchapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she has, in good faith and as in such permit or other authorization which was required, diligently commenced surface mining operations and incurred substantial liabilities for work and the materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

5. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the Planning Department and receive, within a period of 12 months, the approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in accordance with the plan. Nothing in this subchapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.

6. The state geologist shall be notified of the filing of all permit applications.

7. This subchapter shall be continuously reviewed and revised as necessary in order to ensure that it is in accordance with the state policy for mined land reclamation.

(1973 Code, § 9-4.2404) (Ord. 831, eff. 12-10-1986)

159.349 Review Procedure

1. The Planning Director shall review the use permit application and the reclamation plan and shall schedule a public hearing within a reasonable period of time after the filing of the permit application, reclamation plan and the initial environmental study.

2. The public hearing on the use permit and reclamation plan shall not take place until the initial environmental evaluation has been completed as provided for in the city guidelines for implementing the California Environmental Quality Act.

3. The city's process provides for the possible involvement of the United States Soil Conservation Service (SCS), the hiring of an outside consultant retained by the city at the applicant's expense, or the use of city staff to conduct the studies.

4. The public hearing shall be held by the Commission for the purpose of the consideration of the issuance of the use permit for the proposed surface mining operation.

(1973 Code, § 9-4.2405) (Ord. 831, eff. 12-10-1986; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.350 Reclamation Plans; Standards For Approval

The Commission, in the approval of a reclamation plan, by affirmative vote of not less than a majority of its members present, shall find as follows:

1. The reclamation plan minimizes water degradation, air pollution, damages to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations;

2. The reclamation plan restores the mined lands to a usable condition which is readily adaptable for alternative land uses; and

3. The reclamation plan restores the mined lands to a condition which creates no danger to the public health or safety.

(1973 Code, § 9-4.2406) (Ord. 831, eff. 12-10-1986)

159.351 Performance Bonds

1. Upon a finding by the Commission that a supplemental guarantee for the reclamation of the mined lands is necessary, and upon the determination by the Planning Department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the office of the City Treasurer.

   1. The surety shall be executed in favor of the city and reviewed and revised, as necessary, biannually.

   2. The surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approval or amended reclamation plan during the succeeding 2-year period or other reasonable term.

(1973 Code, § 9-4.2407) (Ord. 831, eff. 12-10-1986)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.352 Public Records

1. The reclamation plans, reports, applications and other documents submitted pursuant to this subchapter are public records, unless it can be demonstrated to the satisfaction of the city that the release of the information, or part thereof, would reveal the production, reserves or rate of depletion entitled to protection as proprietary information.

2. The city shall identify such proprietary information as a separate part of each application. A copy of all use permits, reclamation plans, reports, applications and other documents submitted pursuant to this subchapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines by the city. Proprietary information shall be made available to persons other than the state geologist only when authorized by the mine operator and by the mine owner in accordance with § 2778 of the California Surface Mining and Reclamation Act of 1975. All application materials shall be available for use by the city or its review consultants.

(1973 Code, § 9-4.2408) (Ord. 831, eff. 12-10-1986)

159.353 Periodic Reviews

As a condition of the approval of the use permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the use permit and the reclamation plan. The applicant shall post a bond to cover the costs of the reviews. The amount of the

bond shall be set by the Council through the permit process.

(1973 Code, § 9-4.2409) (Ord. 831, eff. 12-10-1986)

159.354 Amendments

1. An amendment involves a change in the area or scope of operation, the ultimate physical condition of the site, or the proposed use of the land as reclaimed.

2. Amendments to an approved reclamation plan may be submitted to the Planning Department at any time, detailing proposed changes from the original plan. Minor deviations may be approved by the staff. Substantial deviations from the original plan shall not be undertaken until such amendments have been filed with, and approved by, the Commission.

3. Substantial amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for the approval of a reclamation plan.

(1973 Code, § 9-4.2410) (Ord. 831, eff. 12-10-1986)

159.355 Variances

A variance is a deviation from the reclamation plan in the method, sequence or timing to be used in bringing the reclamation of the land to its end state. A variance from an approved reclamation plan may be allowed on the request of the operator and applicant upon a finding by the Commission that the variance is necessary to achieve the prescribed or a higher post-mining use of the reclaimed land.

(1973 Code, § 9-4.2411) (Ord. 831, eff. 12-10-1986)

159.356 Successors In Interest Bound By Reclamation Plans

Whenever 1 operator succeeds to the interest of another in any incomplete surface mining operation by a sale, assignment, transfer, conveyance, exchange or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this subchapter.

(1973 Code, § 9-4.2412) (Ord. 831, eff. 12-10-1986)

• 159 Mineral Extraction Combining District (ME) (Sections 159.370 159.377)

159.370 Purpose And Intent

159.371 Uses Permitted

159.372 Accessory Uses Permitted

159.373 Temporary Uses Permitted

159.374 Uses Subject To Conditional Use Permits 159.375 Processing Defined 159.376 Procedure 159.377 Criteria

159.370 Purpose And Intent

The purpose of the Mineral Extraction Combining District (ME) is to provide for the public awareness of the potential for mining to occur in selected geographical areas of the city. The proper extraction of minerals is essential to the continued economic well-being of the city and to the needs of society. Land use conflicts can arise where mineral extraction occurs in proximity to less intensive land uses. The ME District will assist in informing the general public that lands within the ME District contain minerals and may be subject to mineral extraction.

(1973 Code, § 9-4.2501) (Ord. 831, eff. 12-10-1986)

159.371 Uses Permitted

Uses permitted within the base district shall be considered uses permitted within the Mineral Extraction Combining District (ME).

(1973 Code, § 9-4.2502) (Ord. 831, eff. 12-10-1986)

159.372 Accessory Uses Permitted

Accessory uses permitted within the base district shall be considered accessory uses permitted within the Mineral Extraction Combining District (ME).

(1973 Code, § 9-4.2503) (Ord. 831, eff. 12-10-1986)

159.373 Temporary Uses Permitted

Temporary uses permitted within the base district shall be considered temporary uses permitted within the Mineral Extraction Combining District (ME). (1973 Code, § 9-4.2504) (Ord. 831, eff. 12-10-1986)

159.374 Uses Subject To Conditional Use Permits

In any district where the district symbol is followed by, as part of the symbol, the letters ME, mining, quarrying, commercial extraction, and the processing of minerals, rock, sand, gravel, earth, clay and similar materials, and/or the reclamation thereof, shall be conditionally allowed subject to the regulations of §§ 159.405 et seq .

(1973 Code, § 9-4.2505) (Ord. 831, eff. 12-10-1986)

159.375 Processing Defined

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PROCESSING . Washing, screening, grading, separating or crushing of mineral materials. PROCESSING shall not include such uses as batch or hot mix plants or other uses which require materials not found on the site that combine with the site material to produce a new product.

(1973 Code, § 9-4.2506) (Ord. 831, eff. 12-10-1986)

159.376 Procedure

1. The primary purposes of the Mineral Extraction Combining District (ME) is to inform the public of the existence of minerals and the potential for mineral extraction.

2. However, inclusion within the ME District shall not alter the necessity for adequate environmental review, formal city approval and compliance with the California Surface Mining and Reclamation Act of 1975 for all mining operations as specified in §§ 159.345 et seq . Inclusion within the ME District shall also not alter the ability of the city to deny any mining operation where the city determines that the operation will have unacceptable impacts on the environment and surrounding land uses.

3. In addition, nothing in this section shall be so construed as to imply that mining operations cannot be approved in those districts which allow such operations with a conditional use permit.

(1973 Code, § 9-4.2507) (Ord. 831, eff. 12-10-1986)

159.377 Criteria

In establishing the Mineral Extraction Combining District (ME), one or more of the following criteria shall be met:

1. A mining operation currently exists on the land;

2. While a mining operation does not currently exist, mining has occurred on the land at some time in the past, and incompatible (i) surface land uses, as defined in the mining element of the general plan, do not exist;

3. It has been reasonably determined that minerals exist by the state's Division of Mines and Geology and/or a registered geologist, and incompatible surface land uses do not exist; and/or

4. The property is located within the MRZ-2b classification areas and incompatible surface land uses do not exist.

(1973 Code, § 9-4.2508) (Ord. 831, eff. 12-10-1986)

159 Temporary Emergency Shelters (Section 159.380)

159.380 Temporary Emergency Shelters

159.380 Temporary Emergency Shelters

1. The provisions of this subchapter are adopted to provide regulations which encourage and facilitate the operation of temporary (nomadic) emergency shelters.

2. Temporary emergency shelters are permitted as part of an institutional use.

3. Temporary emergency shelters shall be subject to the following standards:

   1. Temporary emergency shelters shall conform to the development standards identified in § 159.047, except as modified below.

   2. The maximum number of occupants shall not exceed 60 persons during normal operations, and 75 occupants on severe weather dates.

   3. Temporary emergency shelters are not subject to any distance separation requirements.

   4. Emergency shelters shall not operate at the same premises more than four nights per week.

   5. The shelter shall not operate more than 12 hours per day.

   6. The provision of laundry services and at least two showers shall be included as part of the operations plan.

(Ord. 13-10, eff. 12-25-2013)

• • 159 Large Family Day Care Home Permit (Sections 159.390 159.392)

159.390 Purpose

159.391 Definitions

159.392 Large Family Day-Care Home Permit

159.390 Purpose

1. The Council finds that affordable, quality licensed child care within the city is critical to the well-being of parents and children in the community.

2. Further, it is the purpose of this subchapter is to facilitate the establishment of licensed family day-care home facilities in the city in a manner which simplifies the review and approval process while ensuring conformance with applicable standards to protect residential neighborhoods.

3. Special regulation of the facilities is necessary in order to insure that these facilities will not create any adverse effects on surrounding properties nor contribute to a general decline of existing single-family residential neighborhoods.

(1973 Code, § 9-4.2601) (Ord. 831, eff. 12-10-1986)

159.391 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHILD DAY-CARE FACILITY . A facility which provides non-medical care to children under 18 years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. CHILD DAY-CARE FACILITY shall include DAY-CARE CENTERS and FAMILY DAY-CARE HOMES .

DAY-CARE CENTER . Any child day-care facility other than a small or large family day-care home, and shall include infant centers, preschools and extended day-care facilities.

FAMILY DAY-CARE HOME . A home which regularly provides care, protection and supervision of 12 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and shall include the following:

1. LARGE FAMILY DAY-CARE HOME . A home which provides family day care to 7 to 12 children, inclusive, including children who reside in the home.

2. SMALL FAMILY DAY-CARE HOME . A home which provides family day care to 6 or fewer children, including children who reside at the home.

PROVIDER . A person who operates a child day-care facility and is licensed by the Department of Social Services of the state.

(1973 Code, § 9-4.2602) (Ord. 831, eff. 12-10-1986)

159.392 Large Family Day-Care Home Permit

A. The Planning Director shall grant a permit for a large family day-care home as an accessory residential use on property zoned for single-family residences provided that the use complies with all of the following standards:

1. The facility is the principal residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes;2. No structural changes are proposed which will alter the character of the single-family residence;3. Provisions have been made to provide at a minimum 1 off-street parking space per employee (the residential driveway is acceptable if the parking space will not conflict with any required child drop-off/ pick-up area and does not block the public sidewalk or right-of-way);4. The operation of the facility shall comply with noise standards contained herein;5. Residences located on major arterial streets must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the major arterial roadway;6. The provider shall comply with all applicable regulations of the Fire Department regarding health and safety requirements;7. The provider has secured a large family day care home license from the Department of Social Services of the state; and8. The facility will be operated in a manner which will not adversely affect adjoining residences nor be detrimental to the character of the residential neighborhood.

B. The Planning Department is hereby authorized to establish a fee necessary to process the large family day-care home permit which shall be identified on the applicable planning and zoning fee schedule adopted, and periodically amended, by the City Council.

(1973 Code, § 9-4.2603) (Ord. 831, eff. 12-10-1986)

HISTORY Amended by Ord. 25-05 on 10/27/2025 - 159 Use Permits (Sections 159.405 159.409) 159.405 Conditions; Authorized 159.406 Issuance; Authorized 159.407 Fees 159.408 Procedure 159.409 Appeals

159.405 Conditions; Authorized

In granting any use permit, the Commission may require such conditions to use as may be deemed reasonable to preserve the health, safety, welfare, prosperity and inherent residential character of the city.

(1973 Code, § 9-4.1301) (Ord. 558, eff. - -)

159.406 Issuance; Authorized

Use permits which may be revocable at any time upon the presentation of evidence showing good and sufficient cause and use permits valid for a specific term of months may be issued by the Commission for any of the following:

1. Any of the uses or purposes for which the permits are required or permitted by the provisions of this chapter;

2. Public utility or public service uses or public buildings in any district when found to be necessary for the public health, safety, convenience or welfare;

3. The removal of minerals and natural materials, including building and construction materials, in any district;

4. To classify as a conforming use any institutional or cultural use existing in any district at the time of the establishment of the district; and

5. To modify the strict application of any of the regulations or requirements of this chapter regarding height, lot width, lot frontage, yards, area per unit, lot area, lot coverage, and off-street parking; provided, however, that any such modification shall be consistent with the general plan and any applicable specific plan.

(1973 Code, § 9-4.1302) (Ord. 558, eff. - -; Am. Ord. 18-11, passed 8-27-2018)

159.407 Fees

The amount of a fee for an application for a use permit shall be established from time to time by resolution of the City Council.

(1973 Code, § 9-4.1303) (Ord. 558, eff. - -; Am. Ord. 18-01, passed 1-22-2018)

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 159.408 Procedure

1. Use permits shall be issued pursuant to the procedure set forth in §§ 159.440 et seq . for amendments to the provisions of this chapter.

   1. No public hearing need be held thereon. The Commission may hold public hearings thereon when, in the public interests, the Commission may deem them to be necessary.

   2. The findings of the Commission shall include, in addition to those findings required elsewhere in this chapter, that the establishment, maintenance and/or conduct of the use for which the use permit is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in such neighborhood or have an adverse effect on the inherent residential character of the city.

the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in such neighborhood or have an adverse effect on the inherent residential character of the city.

2. All other provisions of §§ 159.440 et seq ., including the required notice by publication and mailing if a hearing is held by the Commission on the use permit application, and including the designation by the Commission of any conditions upon which the permit may be granted, shall apply to the granting of a use permit.

(1973 Code, § 9-4.1304) (Ord. 558, eff. - -)

159.409 Appeals

Any person not satisfied with the action of the Commission may appeal the action to the Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, § 9-4.1305) (Ord. 558, eff. --; Am. Ord. 585, eff. --; Am. Ord. 09-02, eff. 4-8-2009)

• 159 Variances (Sections 159.420 159.426)

159.420 Authorized 159.421 Applications; Fees

159.422 Hearings 159.423 Planning Commission Decisions

159.424 Appeals 159.425 Revocation 159.426 Building Permits; Issuance

159.420 Authorized

Where unnecessary hardship inconsistent with the purpose and intent of this chapter may result from the strict application of the provisions of this chapter, variances may be granted as provided in this subchapter. However, no variance may be granted to permit a land use in any district where the land use is prohibited by the provisions of this chapter.

(1973 Code, § 9-4.1401) (Ord. 558, eff. - -)

159.421 Applications; Fees

Applications for variances shall be made in writing on a form prescribed by the Commission and shall be accompanied by a fee of $25, no part of which shall be returnable to the applicant, and by a statement, plans and other evidence showing:

1. The granting of the variance will not be inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and

2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity in the same district.

(1973 Code, § 9-4.1402) (Ord. 558, eff. - -)

159.422 Hearings

A public hearing shall be held within 30 days after the filing of an application for a variance from the provisions of this chapter.

(1973 Code, § 9-4.1403) (Ord. 558, eff. - -)

159.423 Planning Commission Decisions

1. After the conclusion of the public hearing provided for in § 159.422, the Commission shall make its decision in writing, which decision shall include findings of fact as to whether the provisions of § 159.421 apply to the land, building or use for which the variance is sought.

2. The Commission may designate the conditions in connection with the variance as the Commission deems necessary to secure the purpose of this chapter and may require the bonds and guarantees as the Commission deems appropriate.

(1973 Code, § 9-4.1404) (Ord. 558, eff. - -)

159.424 Appeals

Any person not satisfied with the action of the Commission may appeal the action to the Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, § 9-4.1405) (Ord. 558, eff. --; Am. Ord. 827, eff. 10-8-1986; Am. Ord. 09-02, eff. 4-8-2009)

159.425 Revocation

Where a variance has not been used within 6 months after the date of the granting thereof, then, without further action by the Commission or Council, the variance granted shall be, and is hereby declared to be, null and void.

(1973 Code, § 9-4.1406) (Ord. 558, eff. - -)

159.426 Building Permits; Issuance

No building permit shall be issued otherwise than in accordance with the conditions and terms of the variance granted, and no building permit shall be issued until 10 days after the granting of the variance by the Commission or by the Council in the event of an appeal.

(1973 Code, § 9-4.1407) (Ord. 558, eff. - -)

• 159 Reasonable Accommodation (Sections 159.430 159.434) 159.430 Purpose 159.431 Requesting Reasonable Accommodation 159.432 Application Requirements 159.433 Reviewing Authority 159.434 Required Findings

159.430 Purpose

In accordance with federal and state law, it is the policy of the city to provide disabled persons reasonable accommodations as necessary to ensure equal access to their dwelling or place of business. The purpose of this section is to provide a clear and defined process for disabled persons to make reasonable accommodation requests from existing standards in the city's development code.

(Ord. 13-06, eff. 5-22-2013)

159.431 Requesting Reasonable Accommodation

1. A disabled person or his or her representative may request reasonable accommodation relating to the city's various land use, zoning, rules, policies, practices, or procedures.

2. A reasonable accommodation may only be approved for the benefit of one or more individuals with a disability.

3. An application for a reasonable accommodation from a land use or zoning regulation, policy, or practice shall be made on a form provided by the department.

4. If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.

5. If a project for which a reasonable accommodation request is made also requires another discretionary approval, then the applicant may file the reasonable accommodation request together with the application for the other discretionary approval. The processing procedures of the discretionary approval shall govern the joint processing of both the reasonable accommodation request and the discretionary permit.

ct for which a reasonable accommodation request is made also requires another discretionary approval, then the applicant may file the reasonable accommodation request together with the application for the other discretionary approval. The processing procedures of the discretionary approval shall govern the joint processing of both the reasonable accommodation request and the discretionary permit.

6. No fee will be required for a request for reasonable accommodation. If the project requires another discretionary permit and environmental review, then the prescribed fee shall be paid for that discretionary permit and environmental review.

(Ord. 13-06, eff. 5-22-2013)

159.432 Application Requirements

In addition to the materials required under other applicable provisions of this code, the applicant shall submit the following information with the application:

1. The applicant's name, address and telephone number.

2. If not the applicant, the identity of the disabled person(s), and the applicant's relation to the disabled person(s).

3. Address of the property for which the request is being made.

4. The current actual use of the property.

5. The specific exception or modification to this development code, or other land use or development regulation, policy, or practice requested by the applicant.

6. Identification and description of the disability which is the basis for the request for reasonable accommodation. The applicant shall include current written certification of the disability and a description of the disability's effects on the individual's medical, physical or mental limitations.

7. Documentation as to why the requested exception is necessary to provide the reasonable accommodation. Where appropriate, the applicant shall include a summary of any alternatives to the reasonable accommodation.

8. Copies of plans, pictures, memoranda, correspondence, or background information reasonably necessary for the review authority to reach a decision regarding the need for reasonable accommodation.

   9. Other supportive information deemed necessary by the city to facilitate proper consideration of the request so long as any request for additional information complies with state and federal law.

• (Ord. 13-06, eff. 5-22-2013)

159.433 Reviewing Authority

1. Director's review .

   1. Requests for reasonable accommodation shall be reviewed by the Director, if no discretionary approval is sought other than the request for reasonable accommodation.

   2. Notification . If the accommodation will result in an exterior change to the property, notification shall be provided by the city to the owner(s) of the property adjacent to the property line affected by the change.

   3. The Director shall issue a written decision on a request for reasonable accommodation within 45 days of the date of the application and may either approve, approve with conditions, or deny a request for reasonable accommodation in accordance with the findings set forth in § 159.434.

   4. All written determinations shall give notice of the right to appeal.

2. The Director may approve alternative reasonable accommodations which provide an equivalent level of use and enjoyment as determined by the Director or agreed upon by the applicant and the Director.

   6. If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that the Director requests additional information, the 45-day period to issue a decision shall not include the time between the date the Director requests additional information and the date on which the applicant responds to the request.

2. Concurrent review .

1. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

2. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the reviewing authority in compliance with the applicable review procedure for the discretionary permit.

3. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with the findings set forth in § 159.434.

4. All written determinations shall give notice of the right to appeal.

5. The reviewing authority may approve alternative reasonable accommodations which provide an equivalent level of use and enjoyment.

6. Appeals . Appeal of the determination of the approving authority on a request for reasonable accommodation shall be made in accordance with Chapter 162 of this Municipal Code.

(Ord. 13-06, eff. 5-22-2013)

159.434 Required Findings

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

1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected by federal or state law.

2. The requested accommodation is necessary in both nature and extent to provide one or more individuals with a disability an equal opportunity to use and enjoy their property.

3. The requested accommodation will not impose an undue financial or administrative burden to the city.

4. The requested accommodation will not fundamentally alter city zoning, development standards, policies, or procedures.

5. The requested accommodation will not result in a fundamental alteration of a neighborhood's character.

6. The requested accommodation will not substantially undermine any express purpose of the General Plan or any applicable specific plan.

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

(Ord. 13-06, eff. 5-22-2013)

• 159 Amendments (Sections 159.440 159.447)

159.440 Authorized 159.441 Initiation 159.442 Petitions; Filing; Fees 159.443 Planning Commission Hearings; Notices 159.444 Planning Commission Findings 159.445 Council Decisions 159.446 Petitions; Withdrawal 159.447 Abandonment Of Council Or Planning Commission Initiated Proceedings

159.440 Authorized

The provisions of this chapter may be amended by changing the boundaries of the districts or by changing the provisions of this chapter whenever the public necessity, convenience and general welfare require the amendment by using the procedure set forth in this subchapter.

(1973 Code, § 9-4.1501) (Ord. 558, eff. - -)

159.441 Initiation

Amendments to the boundaries of districts and to the provisions of this chapter may be initiated by:

1. The verified petition of one or more owners of property affected by the proposed amendment;

2. A resolution of intention by the Council; or

3. A resolution of intention by the Commission.

(1973 Code, § 9-4.1502) (Ord. 558, eff. - -)

159.442 Petitions; Filing; Fees

The verified petition of one or more property owners for an amendment to the boundaries of districts or to the provisions of this chapter shall be filed with the Commission and shall be accompanied by a fee of $35, no part of which shall be returnable to the petitioner.

(1973 Code, § 9-4.1503) (Ord. 558, eff. - -)

159.443 Planning Commission Hearings; Notices

The Commission shall hold at least 1 public hearing on any proposed amendment. At least 10 days prior to the first public hearing, the Commission shall give notice of the hearing as set forth in §§ 159.460 et seq .

(1973 Code, § 9-4.1504) (Ord. 558, eff. - -)

159.444 Planning Commission Findings

Following the public hearing provided for herein, the Commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the Council an attested copy of the report within 90 days after the notice of the first of the hearings; provided, however, the time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Commission to so report within the 90 days, without the mutual agreement of the parties having an interest in the proceedings, shall be deemed to be approval of the proposed amendment by the Commission.

(1973 Code, § 9-4.1505) (Ord. 558, eff. - -)

159.445 Council Decisions

The decision of the Council on proposed amendments shall be rendered by ordinance within 90 days after the receipt of a report and recommendation from the Commission or within 90 days after the expiration of the time limit.

(1973 Code, § 9-4.1506) (Ord. 558, eff. - -)

159.446 Petitions; Withdrawal

Upon the consent of the Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed the petition.

(1973 Code, § 9-4.1507) (Ord. 558, eff. - -)

159.447 Abandonment Of Council Or Planning Commission Initiated Proceedings

The Council or the Commission, as the case may be, may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention; provided, however, the abandonment may be made only when the proceedings are before the body for consideration; and provided, further, any hearing of which public notice has been given shall be held.

(1973 Code, § 9-4.1508) (Ord. 558, eff. - -)

159 Hearings; Notice (Sections 159.460-159-464)

159.460 Service

159.461 Application Requirements

159.462 Notices; Appeals

159.463 Declarations 159.464 Hold Harmless Agreements

159.460 Service

Except for appeals notice of which is governed by Chapter 162 of this Municipal Code, notices of public hearings required by this chapter shall be given as follows:

1. Service by mail .

1. At least 10 days prior to a public hearing, the Commission shall mail, postage prepaid, a notice of the time and place of the hearing to a persons whose names and addresses appear on the latest equalized assessment roll as owners of property within 500 feet of the exterior boundaries of the land for which an amendment, variance or use permit is sought.

2. The person filing the petition for action by the Commission shall supply the names and addresses of those entitled to notice under this section.

3. Service by publication . In the case of an amendment of this chapter, notice shall be given by publication of the amendment in a newspaper of general circulation in the city at least 10 days prior to the hearing.

(1973 Code, § 9-4.1601) (Ord. 558, eff. --; Am. Ord. 09-01, eff. 3-11-2009; Am. Ord. 09-02, eff. 4-8-2009)

159.461 Application Requirements

Any applicant for a discretionary permit or other action by the city which requires written notice of a hearing or other notice to be furnished to any surrounding property owner shall be responsible to furnish to the city with the application a current written list of each such property owner, their current addresses, and Assessor's parcel numbers as shown on the following official records of the county as of the date of filing the application:

1. The latest adopted assessment roll of the County Assessor;

2. The latest available microfiche update of said assessment roll of the County Assessor; and

3. The Grantor-Grantee Index of the County Recorder.

(1973 Code, § 9-4.1602) (Ord. 754, eff. 8-6-1980)

159.462 Notices; Appeals

In the event of an appeal from any action of the Commission, the original applicant shall be required to submit to the city an updated statement and list of all property owners, Assessor's parcel numbers and mailing addresses, pursuant to § 159.461, prior to the date when the notice of hearing on the appeal must be given.

(1973 Code, § 9-4.1603) (Ord. 754, eff. 8-6-1980)

159.463 Declarations

The applicant shall verify the accuracy and execute a declaration under penalty of perjury that the applicant has researched the public records set forth in § 159.461 and that the statement and list of property owners, addresses and Assessor's parcel numbers is a true, correct and complete statement and list of the names, addresses and Assessor's parcel numbers of all property owners required by law to receive the written notice.

(1973 Code, § 9-4.1604) (Ord. 754, eff. 8-6-1980)

159.464 Hold Harmless Agreements

The applicant shall further agree to indemnify, defend all lawsuits and hold the city, and its officers and employees, free and harmless from any and all liability whatsoever to any person or property arising out of, or related to, the failure of the applicant to furnish to the city a true, correct and complete list of all the property owners and their respective mailing addresses as of the date of filing the application.

(1973 Code, § 9-4.1605) (Ord. 754, eff. 8-6-1980)

• 159 Administration And Enforcement (Sections 159.475 159.479)

159.475 Permits And Licenses; Issuance

159.476 Administrative Permits; Issuance

159.477 Temporary Sales Permit; Issuance

159.478 Outdoor Seating Permit; Issuance 159.479 Enforcement

159.475 Permits And Licenses; Issuance

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings or purposes where such uses, buildings or purposes would be in conflict with the provisions of this chapter. Any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be, and are hereby declared to be, null and void.

(1973 Code, § 9-4.1801) (Ord. 558, eff. - -)

159.476 Administrative Permits; Issuance

Certain permits as prescribed in this chapter may be issued following the administrative discretion of the Planning Director according to the following provisions:

A. Administrative permit applications shall include all information as prescribed on the appropriate applications and shall include names and addresses of all owners of abutting properties, including those across any abutting public or private street. The property owner information shall be based on the latest adopted county tax role.

B. The Planning Director shall transmit the relevant parts of the administrative permit application to all affected city departments for review and comment, including recommendations for any conditions applicable to the request.

C. Not less than 10 days prior to the date on which the administrative decision will be made, the Planning Director shall give notice of the proposed request application by mail or delivery to all applicable adjacent property owners.

D. If no hearing is requested by the applicant or other affected person, or if no responses are received in opposition to the request within the prescribed time period, then the Planning Director shall issue the permit subject to the conditions as may be determined by the Director.

E. If a hearing is requested by the applicant or other affected person, or if any responses are received in opposition to the request, the Planning Director shall forward the application to the Planning Commission for formal public hearing and consideration. When the application is forwarded to the Planning Commission, the applicant shall be responsible for paying any additional application processing fees and providing any additional permit application materials.

(1973 Code, § 9-4.1801.5) (Ord. 89-3, eff. 3-29-1989)

159.477 Temporary Sales Permit; Issuance

Notwithstanding any other provision contained in this subchapter, temporary uses may be conducted outside an enclosed building subject to the approval by the Planning Director of a temporary sales permit according to the following provisions.

A. The permit shall be issued in accordance with the provisions of § 159.475.

B. The temporary sale shall be described in a permit issued therefor by the Planning Director prior to commencement. The permit shall also include all other licenses, permits or approvals otherwise required by this code.

C. The temporary sale shall not continue for more than 45 consecutive days at the same location or on the same premises.

D. The temporary sale shall be discontinued at the expiration of the time period for which it is allowed and any trash, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith shall be removed from the location or premises.

E. The Planning Director may, in issuing permits for temporary uses, attach such conditions as are determined to be reasonably necessary in connection with the hours of operation, cleanup of the location or premises, use of lights or lighting or other means of illumination or operation of any loudspeaker or sound amplification in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises, in addition to any other conditions imposed, the Planning Director may require the posting of a cash bond in an amount sufficient to guarantee the removal of any fixtures, equipment or stands and the cleanup of the location or premises immediately upon the expiration of any such temporary use.

(1973 Code, § 9-4.1801.6) (Ord. 91-3, eff. 3-27-1991)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.478 Outdoor Seating Permit; Issuance

Notwithstanding any other provision contained in this subchapter, limited outdoor seating, up to a maximum of 12 seats, may be allowed in conjunction with an existing eating establishment subject to the approval by the Planning Director of an outdoor seating permit according to the following provisions.

A. The permit shall be issued in accordance with the provisions of § 159.475.

B. The outdoor seating shall be described in a permit issued therefor by the Planning Director prior to commencement. The permit shall also include all other licenses, permits or approvals otherwise required by this code.

C.

1. The outdoor seating shall be discontinued in the event that the business it is in conjunction with closes or relocates.

2. Any trash, chairs, benches, tables or other fixtures, appurtenances or equipment connected therewith shall be removed from the location or premises at that time.

D. The Planning Director may, in issuing permits for outdoor seating, attach such conditions as are determined to be reasonably necessary in connection with the hours of operation, cleanup of the location or premises, use of lights or lighting or other means of illumination, operation of any loudspeaker or sound amplification and the like in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises.

E. Outdoor seating may be permitted within the public right-of-way if an encroachment permit is approved by the Public Works Department.

(1973 Code, § 9-4.1801.7) (Ord. 92-16, eff. 8-26-1992)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.479 Enforcement

1. It shall be the duty of the Building Official to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

2. It shall be the duty of the Police Chief and all officers of the city charged by law with the enforcement of city laws to enforce the provisions of this chapter.

(1973 Code, § 9-4.1801) (Ord. 568, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

- 159 Historic Preservation (Sections 159.490 159.507)

159.490 Title

159.491 Purpose 159.492 Definitions 159.493 Historic Design Review District: Designation 159.494 Historic Design Review Commission; Creation, Membership, And Terms Of Office 159.495 Historic Design Review Commission; Practices And Procedures 159.496 Historic Design Review Commission; Powers And Duties 159.497 Historic Design Review Permit 159.498 Design Criteria: Purpose 159.499 Declaration Of Historic Buildings And Places 159.500 Use Of State Historic Building Code 159.501 Adoption Of Uniform Code For Building Conservation 159.502 Preservation Easements 159.503 Demolition Of Historic Structures 159.504 Substandard Or Dangerous Conditions 159.505 Ordinary Maintenance And Repairs Of Property 159.506 Evidence Of Hardship For Exemptions/waivers 159.507 Preservation Incentives

159.490 Title

This subchapter of the Auburn Municipal Code shall be known as the Historic Preservation Ordinance of the City of Auburn.

(Ord. 04-8, eff. 11-15-2004)

159.491 Purpose

WHEREAS the people of Auburn, by and through their City Council, have determined that:

1. The recognition, maintenance and enhancement of the cultural historic resources within the City of Auburn is in the best interests of the citizens of Auburn and that those resources have value as living parts of the community;

2. The City of Auburn, in recognition of the intention and provisions of the National Historic Preservation Act of 1966, as amended, joins with private individuals, businesses and groups, the State of California and the United State Congress to develop preservation programs and activities to encourage and promote the maintenance, restoration, renovation and preservation of Auburn's unique architectural, historic, aesthetic and cultural heritage;

3. THEREFORE, the purpose of this subchapter is to promote the general health, safety and welfare of the public through:

   1. The protection, enhancement, preservation and use of the diverse structures, areas and sites in Auburn, which represent past eras, events and persons important in history, or which provide significant examples of architectural styles of the past, or are landmarks in architectural history, or which constitute unique and irreplaceable assets to Auburn and its neighborhoods, or which provide this and future generations examples of the physical surroundings in which prior generations have lived;

   2. The development and maintenance of complementary settings and environment for said structures and/or districts;

   3. The enhancement of property values, the stabilization of neighborhoods and areas within Auburn, the increase of economic benefits to Auburn and its property owners and residents, and the promotion of visitor trade and interest;

   4. The preservation and encouragement of a city of varied architectural styles reflecting the cultural, social, economic, political history of Auburn;

   5. The educational and cultural enrichment of this and future generations by fostering knowledge of our heritage, and;

   6. The promotion and encouragement of continued private ownership and use of such structures so that the objectives set forth in this subchapter may be attained.

(Ord. 04-8, eff. 11-15-2004)

159.492 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning

ALTERATION . Any exterior change or modification, through public or private action, of any historic resource or of any property located within an historic district which involves exterior changes to or modification of a structure, its surface texture, or its architectural details; new construction; demolition; relocation of structures onto, off of, or within a designated property; or other changes to the site affecting the significant historical or architectural features of the property.

AUBURN REGISTER OF HISTORIC BUILDINGS AND PLACES . An official listing of sites, areas, buildings and structures within the city designated by the City Council as having special historical significance.

DEPARTMENT . The Planning Department.

DESIGN GUIDELINES . The Historic Preservation Architectural Design Guidelines.

DIRECTOR . The Planning Director.

HISTORIC DESIGN REVIEW . The city review process for development requests associated with property located within the Historic Design Review District or for properties that are designated as a historic resource.

HISTORIC DESIGN REVIEW COMMISSION . The approving authority for projects located within the Historic Design Review District.

HISTORIC DESIGN REVIEW DISTRICT . The design review district that includes the Downtown Design Review District, the Old Town Design Review District, and properties designated as a historic resource.

HISTORIC DESIGN REVIEW PERMIT . A Design Review Permit issued for properties located within the Historic Design Review District.

HISTORIC RESOURCE . Buildings, structures, signs, features, sites, places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to citizens of the city and designated as such by the City Council pursuant to the provisions of this subchapter.

HISTORIC RESOURCES SURVEY . A survey prepared in 1986 which identified and documented those structures, objects, and sites which were in existence prior to 1941 and which evaluated them for architectural, historical, and/or cultural significance according to the guidelines set forth for inclusion in the National Register of Historic Places.

MINOR ALTERATION . An alteration that is not readily noticeable from the street and will not alter the character or essential architectural details of the structure.

ORDINARY MAINTENANCE AND REPAIR . Any work where the purpose and effect of such work is to prevent or correct any deterioration of or damage to a structure or any part thereof and to restore the structure or part thereof to its condition prior to the occurrence of such deterioration or damage.

PRESERVATION EASEMENT . A legal instrument recorded against a parcel or parcels of real property that limits the property owner's ability to alter, change, modify, destroy, or in any way threaten the cultural and/or historic value of a historic resource, without consultation and authorization of the agency to whom the easement has been assigned. Once imposed, such an easement "runs with the land" thereby requiring current and future property owners to abide by its terms.

STATE HISTORICAL BUILDING CODE (SHBC) . The State Historical Building Code contained in Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historic structures, districts and sites, designated under federal, state, or local authority.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.493 Historic Design Review District: Designation

1. The Historic Design Review District shall be identified on a map, attached as an exhibit hereto and maintained on file in the office of the Planning Department and incorporated herein by reference.

2. The District map may be amended by resolution of Council.

3. The District may be amended to include any such individual site, improvement or structures as may be added, from time to time, as a result of the granted application by a property owner for designation of that property as a Historic Resource (HR).

4. The requirements of this subchapter shall be mandatory for all properties within the District.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.494 Historic Design Review Commission; Creation, Membership, And Terms Of Office

1. Established . There is hereby established a Historic Design Review Commission (HDRC).

2. Membership . The Historic Design Review Commission shall consist of 9 members, including the 5 members of the Planning Commission and 4 at-large members.

3. Minimum qualifications: At-large members . The at-large membership of the Commission shall consist of the following:

   1. One architect.

   2. One member of an historical society.

   3. One real property owner or business owner from the Downtown Historic District.

   4. One real property owner or business owner from the Old Town Historic District.

      5. The representatives from the Downtown Historic District and Old Town Historic District shall be nominated by the Downtown Business Association or Old Town Business Association, respectively.

   5. Appointment and terms of office: At-large members . At large members shall be appointed by a majority of the Council and shall serve a 4 year period. The Council shall appoint 2 at large members to 2-year terms at the time of the initial appointment of at-large members.

   6. Attendance . In the event a member fails to attend a total of 3 or more HDRC meetings during a calendar year, the City Council may declare the office of the member vacant. In the event an HDRC office is declared vacant, the appointment of a successor shall be made for such unexpired term in the manner provided in this section.

   7. Vacancies . If the office of a member of the Historic Design Review Commission becomes vacant, the City Council shall fill the vacancy by appointing a Commission member whose term shall run the unexpired term of the former incumbent.

• (Ord. 04-8, eff. 11-15-2004)

159.495 Historic Design Review Commission; Practices And Procedures

1. Quorum . Five voting members of the Historic Design Review Commission shall constitute a quorum with a majority vote of the members present required for passage of any action item.

2. Officers . The chairperson and vice- chairperson of the Planning Commission shall serve as the chair and vice-chair of the Historic Design Review Commission.

3. Staff . The Planning Department shall act as staff to the Historic Design Review Commission.

4. Annual review . The Historic Design Review Commission shall, at least once per year, conduct a review of its operations and procedures, and make recommendations to the City Council for improvements thereof.

• (Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.496 Historic Design Review Commission; Powers And Duties

1. The Historic Design Review Commission shall have the following powers and duties:

   1. To adopt rules of procedure for the conduct of its business in accordance with the provisions of this subchapter;

   2. Act in an advisory capacity to the City Council in all matters pertaining to historic resources and districts;

2. Develop and maintain criteria for the nomination and designation of structures, improvements, or sites as historic resources. Such resources shall be separate and apart from the Historic Design Review District but shall be subject to the provisions of the district;

   4. Approve, conditionally approve, or deny Historic Design Review Permits in accordance with the provisions of this subchapter and the requirements of Chapter 157;

   5. Render advice and guidance, upon request of the owner or occupant of the property, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource including landmarks, sites, districts or neighboring properties within public view;

   6. Encourage and render advice and guidance to property owners or occupants on procedures for inclusion of a cultural resource on the local, State, or Federal level;

   7. Recommend to the City Council, from time to time or as events warrant, recognition of owners or occupants of structures, improvements or sites by means of certificates, plaques, markers or commendations who have restored, renovated and/or maintained their property in an exemplary manner;

   8. Establish guidelines for the declaration of historical buildings and structures within the city and designate all such buildings and structures as having special historical significance in a separate register of historical buildings (such as the Auburn Register of Historic Buildings);

   9. Investigate and make recommendations to the City Council on the availability and use of funding which is or may become available from various federal, state, local or private sources to promote and undertake preservation of districts, structures, improvements or sites of historical value to Auburn; and

   10. Provide local owners of diverse structures, buildings, areas, and sites with the benefits and responsibilities of inclusion in local, State, or Federal registries of historic properties.

3. Upon authorization by the Auburn City Council, the Historic Design Review Commission shall have the following powers and duties:

   1. Publicize and update the City of Auburn Historic Resources Survey previously prepared in the City of Auburn;

   2. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the City of Auburn, County of Placer or State of California as they relate to the historic resources of Auburn;

   3. Make recommendations to the City Council for the purchase of property, in fee or less than fee, easements, or other mechanisms for preservation of cultural heritage resources;

   4. May participate in, promote and conduct public information, educational and interpretive programs pertaining to preservation of cultural resources; and

   5. Undertake any other action or activity delegated to it by the City Council or by this subchapter, necessary or appropriate to the implementation of its powers or duties to fulfill the objectives of cultural resource preservation.

(Ord. 04-8, eff. 11-15-2004)

159.497 Historic Design Review Permit

A. Except as otherwise specified in this section, a Historic Design Review Permit shall be processed per the requirements of Chapter 157.

B. Application submittal. An application for a Historic Design Review Permit shall be made on a form provided by the Planning Department and shall be

accompanied by the fees established by resolution of the City Council. The application shall include all information as prescribed on the form provided by the Department.

C. Historic design review. Projects located within the Historic Design Review District, or properties situated outside the district that have been designated a historic resource, shall be subject to historic design review as required by this subchapter.

1. Historic Design Review Permit (HDRP) required. A Historic Design Review Permit shall be required for the following types of projects:

   • a. Construction of all new commercial, office, industrial, and multi-family residential buildings or structures.

b. Alterations, remodeling, or additions to existing structures.

c. Replacement of building materials with different materials (including re-roofing of buildings).

• d. Painting of buildings if the color(s) used are not similar to the existing colors.

• e. Sign permits.

• f. Modifications to existing Historic Design Review Permits.

2. Administrative approval. The Director may approve, conditionally approve, or deny the following types of projects:

   • a. Minor modifications to existing site improvements (such as parking lot re-striping).

b. Exterior painting on buildings and/or structures if the color(s) are the similar to the existing color(s).

c. Replacement of building materials with the same materials (including re-roofing of buildings).

• d. Sidewalk replacement.

e. Landscaping.

• f. Temporary signage for special events.

• g. Projects as delegated by the Planning Commission.

3. Exemptions. The following types of projects are exempt from the design review process:

   • a. Ordinary maintenance and repair.

   • b. Single-family residential buildings or structures.

• D. Reviewing authority.

  1. Historic Design Review Commission. The reviewing authority for Historic Design Review Permit applications shall be the Historic Design Review Commission.

2. Administrative approval. The Director may issue permits for those administrative approval items identified in division (C)(2) above. The Director may, however, refer requests to the Historic Design Review Commission for consideration, when, in the Director's opinion, review and approval is

warranted. The permit shall be referred to the Historic Design Review Commission within 30 days after deeming the application as complete. When applicable, the applicant shall provide additional information as required by § 159.116(A).

E. Application evaluation criteria. The approving authority shall review and approve, conditionally approve, or deny applications in accordance with the provisions of this chapter and all applicable design guidelines as specified in § 159.498.

F. Appeals. Appeals may be taken pursuant to Chapter 162 of this Municipal Code.

G. Expiration. Expiration of a Historic Design Review Permit shall be subject to the provisions of § 159.118.

H. Extension. Extension of a Historic Design Review Permit shall be subject to the provisions of § 159.120.

I. Modifications. Modification of a Historic Design Review Permit shall be subject to the provisions of § 159.121.

J. Building Permit. Prior to issuance of a building permit for any structure, improvement, or building proposed as part of an approved Historic Design Review Permit, the Planning Department shall provide written approval to the Building Official certifying that the proposed improvements are in conformity with the approved permit. Before a building permit may be issued for any structure, improvement, or building proposed as part of the approved Historic Design Review Permit, the Building Official shall secure written approval from the Planning Department that the proposed improvements are in conformity with an approved permit.

K. Occupancy Permit. Before a building, improvement or structure may be occupied or finaled, the Planning Department shall notify the Building Official that the site and/or such building improvement or structure thereon have been developed in conformity with the approved Historic Design Review permit.

• L. Violation/Revocation with permit.

1. Should the holder of a Historic Design Review Permit violate any provision of this subchapter or any condition of approval of the permit, the permit shall be automatically suspended. The Planning Department shall provide the holder of the permit with written notice of the suspension, which notice shall identify the reasons for the suspension and may instruct the holder of the permit to immediately terminate any and all activities, including, without limitation, construction, restoration or renovation work being performed pursuant to the permit.

2. Within 60 days of the suspension of the permit, the Historic Design Review Commission shall hold a hearing and receive evidence as to whether the permit should be reinstated, revoked or additional conditions or restrictions be placed on the permit or other actions taken by the holder to ensure compliance with the provisions of the permit and this subchapter.

M. Violation without permit. When any improvements are commenced or made or installed to a building, improvement or structure in the Historic Design Review District without the prior issuance of an Historic Design Review Permit, the owner of the site and/or occupant of the building shall be required to cease and desist all such work and (depending on which person(s) undertook the un-permitted work) shall be subject to completing the application process and a penalty fee of double the standard processing fee, and in the event such permit is denied, shall be responsible for returning the building, improvement or structure to its state prior to any such work having been commenced, or, if such state cannot be achieved, to as near its preexisting state as reasonably possible.

(Ord. 04-8, eff. 11-15-2004; Am. Ord. 09-02, eff. 4-8-2009)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.498 Design Criteria: Purpose

The purpose of the design criteria is to implement the design guidelines set forth in the Historic Preservation Architectural Design Guidelines, adopted by resolution of Council and incorporated herein. The criteria are intended to be flexible guidelines, rather than rigid rules, in order to provide applicants and the approving authority with the ability to use new techniques and materials as they become available, and where their use is appropriate, on a case by case basis.

1. The design criteria shall be used for the preservation and enhancement of historical and architectural sites, structures and improvements through the renovation, restoration or maintenance of those sites, structures and improvements. The restoration of a structure to its exact former appearance shall be encouraged, but not required.

2. If a structure or improvement is not deemed to be a historical, architectural or aesthetic contributor to the Historic Design Review District, but is at least 50 years old, the application of the design criteria shall be used to insure that modifications or alterations to that structure or improvement do not increase its "non-contributory" character. The design criteria shall be applied to applications for such structures or improvements in order to encourage

the renovation, restoration or maintenance of such structures, and to minimize their non-contributory nature and become "contributing" to the District.

3. If a structure or improvement was built less than 50 years ago, the application of the design criteria shall be used to insure that modifications or alterations to that structure or improvement do not increase its "non-contributory" character, but rather to blend in with or become more compatible with the surrounding structures or improvements.

4. The design criteria shall be applied to new construction to achieve design and usage which is compatible and in harmony with the surrounding structures in the District.

(Ord. 04-8, eff. 11-15-2004)

159.499 Declaration Of Historic Buildings And Places

The Council may, by resolution, establish guidelines for the declaration of historical sites, areas, buildings and structures within the city and designate all such locations and structures as having special historical significance in a separate register of historical buildings (such as the Auburn Register of Historic Buildings and Places) to be maintained by the Planning Department. All sites, areas, buildings or structures on the register shall be subject to the requirements of this chapter.

(Ord. 04-8, eff. 11-15-2004)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

159.500 Use Of State Historic Building Code

The California State Historical Building Code provides alternative regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. The State Historical Building Code may be used, at the Building Official's discretion, for any designated cultural resource in Auburn's building permit procedure.

(Ord. 04-8, eff. 11-15-2004)

159.501 Adoption Of Uniform Code For Building Conservation

For purposes of protecting the public health and welfare and establishing rules and regulations for the conservation of historical buildings in the city, that certain Code designated as the "Uniform Code for Building Conservation," current edition as adopted by the International Conference of Building Officials and as approved by the State of California Historic Building Code Board, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to any amendments, additions, and deletions set forth in this chapter. Said Code shall be known as the Code for Building Conservation of this city.

(Ord. 04-8, eff. 11-15-2004)

159.502 Preservation Easements

Preservation easements may be acquired by the City of Auburn or an appropriate non-profit group through purchase, donation, or condemnation pursuant to California Civil Code Section 815. Preservation easements may be applied to sites, facades of buildings, or the acquisition of property deemed valuable as a cultural/historic resource.

(Ord. 04-8, eff. 11-15-2004)

159.503 Demolition Of Historic Structures

1. Any demolition of a structure which contributes historically to the District (either in whole or in part) is prohibited absent written notice to the Historic Design Review Commission. Said notice shall be provided via first class mail, with return receipt requested, at least 180 days in advance of the proposed event. Subject to the provisions of division (B), below, no application to the City of Auburn for a demolition permit shall be accepted, or permit issued, during the 180 day period. Following receipt of such notice, the Historic Design Review Commission may undertake the following steps in order to preserve the structure, improvement or site involved, including:

   1. Seek private parties which may be interested in purchasing the subject property, or other funding sources for purchase of the property for rehabilitation or restoration purposes;

   2. With the property owner's consent, publicize the availability of the property for purchase for rehabilitation or restoration purposes;

   3. Investigate possible sites for the relocation of the structure;

   4. Make recommendations to the City Council regarding the acquisition of the property, land exchanges, development rights or facade easements and the imposition or negotiation of other restrictions for the preservation of the structure.

2. Upon receipt of notice, the Historic Design Review Commission may waive the 180 day requirement if the action planned for the property involves:

   1. An emergency repair to, or removal of an unsafe condition on, the structure, improvement or site;

   2. The relocation of the structure to a site approved by the Historic Design Review Commission, or;

   3. Relief from extreme financial hardship to the owner of the property.

3. The 180-day requirement may be reduced to 90 days following a duly noticed public hearing by the Historic Design Review Commission if the Commission finds that the 180-day requirement materially impairs the ability of the owner to develop or sell the property upon which the structure is situated.

4. Request for relief by waiver received no later than 15 calendar days before the next regularly scheduled meeting of the Historic Design Review Commission shall be considered at that next regularly scheduled meeting, however, requests for relief by waiver received within the 15 day period shall be considered by the Historic Design Review Commission within 30 days.

(Ord. 04-8, eff. 11-15-2004)

159.504 Substandard Or Dangerous Conditions

Should the Building Official or Fire Chief determine that any structure, improvement or site within the Historic Design Review District constitutes a public hazard due to a substandard or dangerous condition of the property, said official shall notify the Historic Design Review Commission in writing. Upon receipt of such notice, the Commission shall evaluate the historic and architectural merit of the structure and provide recommendations to the Building Official within 60 days of the date such notice is received.

(Ord. 04-8, eff. 11-15-2004)

159.505 Ordinary Maintenance And Repairs Of Property

Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature or detail in or on any property subject to this subchapter which does not involve a change in the design, materials, color or external appearance thereof, nor shall this subchapter prevent the construction, reconstruction, alteration, renovation, restoration, demolition or removal of any such feature when the Building Official certifies to the Historic Design Review Commission that such action is required for public safety due to an unsafe or dangerous condition which cannot be rectified through use of the Historical Building Code of the State of California.

(Ord. 04-8, eff. 11-15-2004)

159.506 Evidence Of Hardship For Exemptions/waivers

1. The Historic Design Review Commission may approve an application for a permit to carry out any proposed work in the Historic Design Review District, or on a historic site, structure or improvement, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the Commission that: 1) denial of the application will work immediate and substantial hardship on the economic value of the property because of the conditions peculiar to the particular structure, improvement or site or other feature involved; 2) all reasonable use of or return from the property will be denied the owner, and 3) the approval of the application will be consistent with the purposes of this subchapter. If a hardship is found to exist under this section, the Historic Design Review Commission shall make written findings within 30 days of the application as to the specific supporting facts and conclusion based thereon.

olved; 2) all reasonable use of or return from the property will be denied the owner, and 3) the approval of the application will be consistent with the purposes of this subchapter. If a hardship is found to exist under this section, the Historic Design Review Commission shall make written findings within 30 days of the application as to the specific supporting facts and conclusion based thereon.

2. An application for exemption or waiver based upon economic hardship shall be based upon an analysis of the following factors:

   1. Denial of the application will diminish the value of the subject property so as to leave substantially no value;

   2. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the District;

   3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical; 4. Rental at a reasonable rate of return is not feasible;

   4. Denial of the application would damage the owner's economic value of the property unreasonably in comparison to the benefit conferred on the community, and;

   5. All means involving city sponsored incentives, such as tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants and reimbursements, have been explored to relieve possible economic disincentives.

3. The Historic Design Review Commission is authorized to require the applicant to furnish documentary material evidence supporting the application.

4. The Historic Design Review Commission and city shall have a period to make recommendation and develop and adopt a plan in order to relieve applicant's economic hardship, not to exceed 90 days to allow the applicant a reasonable use of, and economic return from, the property or otherwise act to preserve the subject property. If, at the end of this 90- day period, the Historic Design Review Commission finds that without approval of the application, that the property cannot be put to a use providing a reasonable economic return to the applicant, the Historic Design Review Commission shall approve the application for waiver. If the Historic Design Review Commission finds otherwise, it shall notify the applicant in writing within 10 days, sent by mail with return receipt requested, of the final denial. The application shall be deemed approved if the Historic Design Review Commission fails to make any finding by the end of the 90-day period, unless said deadline is extended with the prior written agreement of the applicant.

5. If the approval of the application will result in the demolition of a nominated or designated historic resource, the applicant shall provide the Historic Design Review Commission documentation of the resource proposed for demolition to the standards of the Historic American Building Survey, which may include photographs, floor plans, measured drawings, archeological survey or other documentation stipulated by the Commission.

ation will result in the demolition of a nominated or designated historic resource, the applicant shall provide the Historic Design Review Commission documentation of the resource proposed for demolition to the standards of the Historic American Building Survey, which may include photographs, floor plans, measured drawings, archeological survey or other documentation stipulated by the Commission.

6. Appeal. An applicant may appeal denial of a hardship waiver to the City Council pursuant to Chapter 162 of this Municipal Code. Such appeal shall waive the 90-day time limit set forth in this section for purposes of the hearing and issuance of a decision on the appeal, which shall be controlled by Chapter 162 of this Municipal Code.

(Ord. 04-8, eff. 11-15-2004; Am. Ord. 09-02, eff. 4-8-2009)

159.507 Preservation Incentives

The city may authorize incentives for properties within the Historic Design Review District in order to more effectively achieve the purposes of this subchapter, and to support the preservation, maintenance, and appropriate rehabilitation of resources within the District. Preservation incentives shall be considered on a case-by-case basis and may include economic assistance, relaxation of otherwise applicable development standards, or use restrictions. Incentive programs shall be approved by City Council. Incentives associated with development standards or use restrictions shall be approved by the HDRC. Incentives shall be reviewed by City Council annually.

(Ord. 04-8, eff. 11-15-2004)

• 159 Short Term Rentals (Sections 159.510 159.521)

159.510 Purpose

159.511 Findings

159.512 Definitions

159.514 Short Term Rental Permit Required 159.515 Short Term Rental Permit Application 159.516 Permit Processing 159.517 Operational Requirements 159.518 Standard Conditions 159.520 Violations 159.521 Severability

159.510 Purpose

1. The purpose of this subchapter is to establish a permitting process and appropriate standards for private short term rentals of single-family and multiple family dwellings as an alternative to the hotel, motel and bed and breakfast accommodations currently existing in the city; to minimize the negative secondary effects of short term rental use on surrounding residential neighborhoods; and, to retain the character of the neighborhoods in which any short term rental use occurs.

2. This subchapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit use of such owner's residential property for short term rental purposes, as defined in this subchapter.

3. This subchapter is not intended to regulate hotels, motels and bed and breakfast establishments, as defined in the Auburn Municipal Code, that do not qualify as short term rentals.

(Ord. 15-1, eff. 2-11-2015)

159.511 Findings

1. The City Council hereby finds that the city's regulations of short term rental uses in accordance with this subchapter, including the establishment of the non-transferability provisions, is a valid exercise of the city's police power in furtherance of the legitimate governmental interests documented in this subchapter.

2. The City Council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short term rental permits is necessary to protect public health, safety and welfare.

(Ord. 15-1, eff. 2-11-2015)

159.512 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning to serve the intent of this subchapter.

GOOD NEIGHBOR BROCHURE . A document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including without limitation provisions of the City of Auburn Municipal Code and other applicable laws, rules, or regulations, pertaining to the use and occupancy of a short term rental unit.

OWNER. Any person who: A. Owns the property on which the short term rental is located, and B. Takes responsibility for the management or maintenance of the property and short term rental.

SHORT TERM RENTAL PERMIT. A permit that allows the use of a privately owned residential dwelling as a short term rental unit pursuant to the provisions of this subchapter.

SHORT TERM RENTAL UNIT. A private residential dwelling, or any portion of such dwellings, such as, but not limited to, a single family attached or detached unit or multiple family attached or detached unit, apartment house, condominium, cooperative apartment, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than 30 consecutive days, in exchange for any form of payment. The definition of short term rental does not include "house swapping" where no money exchange is occurring or "vacation rentals" as defined herein.

TRANSIENT. See § 33.186 of the Auburn Municipal Code.

VACATION RENTAL. Renting out of a furnished apartment or house on a temporary basis, for 30 days or less.

(Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 20-01 on 2/10/2020 159.514 Short Term Rental Permit Required

The owner must obtain a short term rental permit from the city, before renting any short term rental unit.

(Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 20-01 on 2/10/2020 159.515 Short Term Rental Permit Application

A. The owner must submit an application for a short term rental permit on an application form provided by the city.

B. The short term rental permit application shall be accompanied by an application fee as established by resolution of the City Council.

• (Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 20-01 on 2/10/2020

159.516 Permit Processing

1. Upon receipt of an application and fee, the Director shall process a short term rental permit in accordance with § 159.476 (Administrative Permits; Issuance), except that if any part of that section conflicts with the procedures and requirements set forth in this subchapter, this subchapter shall govern.

2. If the Director receives opposition to the short term rental permit application, the applicant may elect to forward the application to the Planning Commission. Short term rental permit applications forwarded to the Planning Commission shall be accompanied by a processing fee established by resolution of the City Council. If the applicant does not elect to forward the application to the Planning Commission, it shall be deemed withdrawn.

3. The Planning Commission shall review and either approve or deny the application pursuant to the requirements of this subchapter after considering the effects the proposed use would have on surrounding uses and the cumulative impacts within the community. In approving a short term rental application, the Planning Commission shall make the use permit findings contained in §§ 159.408 et seq . of the Auburn Municipal Code.

4. The Planning Commission may impose conditions on the granting of an application for a short term rental permit to mitigate the impacts of the proposed land use.

5. Notice of application .

  1. The Director shall provide notice of application, including a copy of the good neighbor brochure, for a short term rental permit to the property owners located within a 100-foot radius of the property that the short term rental unit is situated within 10 days of approving the application. 

  2. The notice of application shall state that the noticed owners may file a written protest against the proposed short term rental with the Director. All protests must be postmarked or received not less than 10 days of the mailing of the noticed application. 

  3. Subdivisions E.1 and E.2 shall not apply to short term rentals in the Central Business (C-2) District. 

6. Appeals . Any person aggrieved by the action of the Director may appeal that action to the Planning Commission pursuant to Chapter 162 of the Auburn Municipal Code. Actions by the Planning Commission may be further appealed to the City Council pursuant to Chapter 162 of the Auburn Municipal Code.

• (Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 25-04 on 8/11/2025

159.517 Operational Requirements

A. The owner shall use reasonably prudent business practices to ensure that the short term rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short term rental unit.

B. Maximum number of days and nights for rent or lease. The maximum number of days that a short term rental may be occupied by any 1 transient is 30 consecutive days.

C. Maximum number of occupants. The maximum number of overnight guests for a short term rental shall not exceed 2 persons per bedroom, excluding children under the age of 12. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m.

D. Appearance, visibility or location. A short term rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.

E. On-site parking required. The parking spaces required shall be in addition to the parking required of the existing residential unit. A minimum of 1 parking space shall be provided for each guest room. All parking associated with a short term rental shall be located entirely on-site and may be located within the existing driveway.

F. Noise. Occupants of the short term rental shall comply with the noise standards and regulations of the City of Auburn Municipal Code, Chapter 93.

G. Renter notification. The owner shall provide each occupant of the short term rental with the following information prior to occupancy of the unit and shall post such information in a prominent location within the unit:

1. Name of the owner with 24-hour availability;

2. The maximum number of overnight occupants permitted pursuant to this subchapter;

3. Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property;

4. A copy of the good neighbor brochure.

(Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 20-01 on 2/10/2020

159.518 Standard Conditions

A. While a short term rental unit is rented, the owner shall be available 24 hours per day, 7 days per week for the purpose of responding within a timely manner to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit or their guests. To comply with this subdivision, the owner shall do one or both of the following:

1. Reside within one hour’s travel time of the property.

2. Contract for or otherwise acquire property management services for the short term rental unit from a person or entity located within one hour’s travel time.

B. The owner shall use reasonably prudent business practices to ensure that the occupants and guests of the short term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short term rental unit.

• C. Prior to occupancy of a short term rental unit, the owner shall:

1. Provide a copy of the good neighbor brochure to the occupant; and

2. Require the occupant to execute a formal acknowledgment that he or she is legally responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short term rental unit by all occupants of the short term rental and their guests. This information shall be maintained by the resident/owner for a period of 3 years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short term rental.

unit by all occupants of the short term rental and their guests. This information shall be maintained by the resident/owner for a period of 3 years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short term rental.

D. The owner shall upon notification that any occupant or guest of the short term rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short term rental, promptly respond in a timely manner to immediately halt or prevent a recurrence of such conduct by the responsible person, occupants, or guests. Failure of the owner to respond to calls or complaints regarding the condition, operation, or conduct of occupants or guests of the short term rental within a timely manner shall be subject to all administrative, legal and equitable remedies available to the city.

E. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.

F. The owner shall post a copy of the short term rental permit and a copy of the good neighbor brochure in a conspicuous place within the short term rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short term rental.

G. The Director and Planning Commission, shall have the authority to impose additional conditions on the use of any given short term rental to ensure that any potential secondary effects unique to the short term rental unit are avoided or adequately mitigated.

H. The standard conditions set forth herein may be modified by the Planning Commission, upon request of the owner based on site specific circumstances for the purpose of allowing reasonable accommodation of a short term rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

I. The owner shall be in compliance with all of the regulations pertaining to the operation of a short term rental use.

• J. The short term permit is not transferable.

K. Such other information or conditions as the Director deems reasonably necessary to administer this subchapter.

L. Prior to the operation of a short term rental, the owner shall obtain a business license from the City of Auburn.

M. the owner shall comply with the requirements of Auburn Municipal Code section 33.185 et seq. regarding transient occupancy taxes.

(Ord. 15-1, eff. 2-11-2015)

HISTORY

Amended by Ord. 20-01 on 2/10/2020 Amended by Ord. 25-04 on 8/11/2025 159.520 Violations

Violations of this subchapter shall be remedied in accordance with §§ 10.80 et seq . (Administrative Enforcement) of the Auburn Municipal Code.

(Ord. 15-1, eff. 2-11-2015)

159.521 Severability

If any section, sentence, clause, phrase, or portion of this subchapter is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this subchapter shall be nonetheless remain in full force and effect. The City Council of the City of Auburn hereby declares that it would have adopted each section, sentence, clause, phase, or portion of this subchapter, irrespective of the fact that any one or more sections, sentences, clauses, phrases, or portions of this subchapter be declared invalid or unenforceable and, to that end, the provisions of this subchapter are severable.

(Ord. 15-1, eff. 2-11-2015)

• 159 Bed And Breakfast Establishments (Sections 159.540 159.999) 159.540 Purpose 159.541 Findings 159.542 Definitions 159.543 Operational Standards 159.544 Record Keeping 159.545 Violations 159.546 Severability 159.999 Penalty Appendix A: District Regulations

159.540 Purpose

The purpose of this subchapter is to permit and regulate the establishment and operation of bed and breakfast establishments in the City of Auburn and to ensure the preservation of the character, integrity and property values of surrounding areas within which facilities are located and maintained.

(Ord. 14-05, eff. 1-7-2015)

159.541 Findings

The City Council finds that bed and breakfast establishments constitute small commercial lodging facilities in commercial and residential zoning districts. This requires special regulations that may not be normally covered by standards for hotels and motels.

(Ord. 14-05, eff. 1-7-2015)

159.542 Definitions

For the purpose of this subchapter, the following definition shall apply unless the context clearly requires a different meaning to serve the intent of this subchapter.

BED AND BREAKFAST ESTABLISHMENT . A residential dwelling whose primary usage is commercial lodging, for a period of 30 consecutive days or less; where breakfast may be served to overnight guests; the owner, manager or operator is actively involved in daily operations of the facility and is on-site 24 hours a day.

(Ord. 14-05, eff. 1-7-2015)

159.543 Operational Standards

1. The owner shall use reasonably prudent practices to ensure that the bed and breakfast is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject bed and breakfast establishment, including compliance with §§ 33.185 et seq .

2. Maximum number of days and nights for rent or lease . The maximum number of days that a bed and breakfast shall be occupied is 30 consecutive days.

3. Maximum number of occupants . The maximum number of occupants shall be in accordance with the California Building Code.

4. Appearance, visibility or location . Except for signage, a bed and breakfast shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, or lighting.

5. On-site parking required . A minimum of 2 parking spaces shall be required for the owner and a minimum of 1 parking space shall be provided for each guest room. All parking associated with a bed and breakfast shall be entirely onsite and not located in the required front yard pursuant to § 159.171 of the Auburn Municipal Code.

6. Noise . The bed and breakfast shall comply with the noise standards and regulations of the City of Auburn Municipal Code, Chapter 93.

7. The rented units shall not contain individual cooking facilities.

8. Signs . Signs for a bed and breakfast shall be subject to a sign permit issued by the city and limited to the following:

   1. One sign attached to the main residence on the site, with a maximum area of 4 square feet; and

   2. One freestanding sign, not to exceed 16 square feet in area nor 6 feet in height above grade.

9. Transient occupancy tax . If applicable, a bed and breakfast establishment shall comply with Chapter 33 of the Auburn Municipal Code.

10. Prior to operation of a bed and breakfast, a business license shall be obtained from the City of Auburn.

(Ord. 14-05, eff. 1-7-2015)

159.544 Record Keeping

In accordance with § 33.195 of the Auburn Municipal Code, it shall be the duty of every operator who may be liable for the collection and payment to the city of any tax imposed by the provisions of this subchapter to keep and preserve, for a period of 3 years, all records which may be necessary to determine the

amount of the tax as he or she may have been liable for the collection of and payment to the city, which records the Tax Administrator shall have the right to inspect at all reasonable times.

(Ord. 14-05, eff. 1-7-2015)

159.545 Violations

Violations of this subchapter shall be remedied in accordance with §§ 10.80 et seq . (Administrative Enforcement) of the Auburn Municipal Code.

(Ord. 14-05, eff. 1-7-2015)

159.546 Severability

If any section, sentence, clause, phrase, or portion of this subchapter is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this subchapter shall nonetheless remain in full force and effect. The City Council of the City of Auburn hereby declares that it would have adopted each section, sentence, clause, phase, or portion of this subchapter, irrespective of the fact that any 1 or more sections, sentences, clauses, phrases, or portions of this subchapter be declared invalid or unenforceable and, to that end, the provisions of this subchapter are severable.

(Ord. 14-05, eff. 1-7-2015)

159.999 Penalty

1. Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

(1973 Code, § 9-4.1803)

2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance. The City Attorney shall, upon an order of the Council, immediately commence an action or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant the relief as will abate and remove the building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this chapter.

(1973 Code, § 9-4.1804)

(Ord. 558, eff. - -)

3. 1. Violation of any provision of §§ 159.185 et seq . shall be punishable as an infraction and shall be punishable as set forth in Chapter 10 of the Auburn Municipal Code. Each and every day that a prohibited sign is erected, constructed, maintained, placed, or displayed in violation of this subchapter shall be considered a separate violation.

   2. In addition to any other remedy, penalty or provision of law, the violation of any provision of §§ 159.185 et seq . shall be deemed to be a public nuisance, and may be abated by the City Attorney as provided by common and statutory law and city ordinance, in any manner provided by law, whether criminal, civil, or administrative.

(Ord. 12-05, eff. 12-19-2012)

4. Each violation of §§ 159.140 et seq . or of any regulation, order or ruling promulgated under §§ 159.140 et seq . shall constitute a misdemeanor and be punishable by a fine of not more than $500, or by imprisonment for not more than 180 days, or both, and each day a violation continues to exist shall constitute a separate offense.

(1973 Code, § 9-4.1903) (Ord. 757, eff. 10-8-1980)

Appendix A: District Regulations

159 Appendix A District Regulations

HISTORY

Amended by Ord. 19-06 on 9/9/2019

160 CONSTRUCTION

160 Standard Specifications For Repairs (Sections 160.001-160.003) 160 Datum Plane (Sections 160.015-160.016) 160 Construction In Public Streets (Sections 160.030-160.042) 160 Sidewalks (Sections 160.055-160.066) 160 Driveways (Sections 160.080-160.082)

160 Undergrounding Utility Facilities (Sections 160.095-160.105) - 160 Undergrounding Wires And Facilities For Electrical Energy And Communication Services (Sections 160.115 160.999)

160 Standard Specifications For Repairs (Sections 160.001-160.003)

160.001 Authority

160.002 Adoption

160.003 Amendments

160.001 Authority

The provisions of this chapter are enacted pursuant to the provisions of Cal. Gov't code §§ 38660 and 50022.1 through 50022.8.

(1973 Code, § 7-6.01) (Ord. 463, eff. - -)

160.002 Adoption

For the purpose of regulating the repair, improvement and construction or modification of streets, sewers, sidewalks, curbs, gutters and other public works of the city, that certain document entitled "Standard Specifications of the City of Auburn, " as most recently promulgated by the Auburn Public Works Department, which standard specifications shall adopt by reference therein the latest edition of the "State of California, Standard Plans and Specifications for Construction of Local Streets and Roads" and the latest edition of the "American Public Works Association - Southern California Chapter, Standard Plans and Specifications for Public Works Construction," is hereby adopted by reference and made a part of this chapter as though set forth in full, subject, however, to any amendments, additions and deletions set forth in this chapter. The Auburn Public Works Department shall give notice of any specifications it promulgates under this section in themanner required by law for public notice of ordinances of the city.

(1973 Code, § 7-6.02) (Ord. 463, eff. - -; Am. Ord. 755, eff. 8-27-1980; Am. Ord. 762, eff. 6-10-1981; Am. Ord. 06-3, eff. 4- 26-2006)

160.003 Amendments

Amendments to the standard specifications shall be made by resolution which shall thereafter be published once in a newspaper of general circulation in the city.

(1973 Code, § 7-6.03) (Ord. 463, eff. - -; Am. Ord. 474, eff. - -)

160 Datum Plane (Sections 160.015-160.016)

160.015 Establishment

160.016 References

160.015 Establishment

The official datum plane of the city is hereby fixed and established 1,246.92 feet below that official bench mark described as a cross-cut and located in the southeast corner of the granite doorsill at the east entrance to the County Courthouse in the city.

(1973 Code, § 7-2.01) (Ord. 161, eff. - -)

160.016 References

All streets, sidewalks, sewers and grades established in the city are hereby referred to the datum plane established by the provisions of § 160.015.

(1973 Code, § 7-2.02) (Ord. 161, eff. - -)

160 Construction In Public Streets (Sections 160.030-160.042) 160.030 Permits Required 160.031 Definitions 160.032 Encroachment Permits 160.033 Safety; Restoration Of Streets 160.034 Security Required 160.035 General Deposits 160.036 Fees 160.037 Public Districts, Utilities And Political Subdivisions 160.038 Time Limits; Extensions 160.039 Prohibited Interpretations 160.040 Indemnification 160.041 Insurance 160.042 Removal Or Cure Of Illegal Encroachments

160.030 Permits Required

It shall be unlawful for any person to perform any type of construction, or to place an encroachment of any kind, without an encroachment permit to do so from the Director of Public Works.

(1973 Code, § 7-4.01) (Ord. 813, eff. 9-25-1985)

160.031 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DIRECTOR . The Director of Public Services of the city or his or her designee.

ENCROACHMENT . Any type of construction or work or the placing or replacing of any object or thing, whether permanent or temporary, on, over, under or within a public street or right-of-way, except the replacement of existing minor utility facilities.

MINOR ENCROACHMENT WORK .

1. The removal and/or replacement of curbs, gutters and sidewalks for residential property along a minor residential street or a low traffic volume major residential street as determined by the Director and where the estimated cost of the work, as estimated by the Director, is less than $1,000; or

2. Work within a commercial or industrial area which does not affect the traveled right-of-way and where the estimated cost of the work, as estimated by the Director, is less than $1,000.

PERSON . Any individual, firm, copartnership, association, corporation, public district or other political subdivision.

PUBLIC STREET . Any public right-of-way, highway, street, sidewalk, easement or other area or thoroughfare, whether improved or unimproved, which is owned by or under the control of the city.

(1973 Code, § 7-4.02) (Ord. 813, eff. 9-25-1985; Am. Ord. 88-3, eff. 5-11-1988)

160.032 Encroachment Permits

1. Any person desiring to perform construction of any kind or nature across or along any public street shall make an application to the Director for a permit therefor.

2. Every applicant shall state, in detail, the following information:

   1. The location, dimensions, purpose, extent and nature of the work on a plat map, filed in duplicate;

   2. The time during which it is estimated the construction will take place; and

   3. Other information as may be required by the Director. The Director, in his or her discretion, may waive the filing of a plat map for minor work.

(1973 Code, § 7-4.03) (Ord. 813, eff. 9-25-1985)

160.033 Safety; Restoration Of Streets

1. 1. All work shall be performed by the permittee in accordance with the construction safety orders issued by the Division of Industrial Safety of the state.

   2. The Director, in addition, may require other safety precautions as he or she deems appropriate.

2. Within 2 working days after the completion of the work by the permittee, the permittee shall restore the public street to a condition equivalent to that which existed prior to the work. The restoration shall be in accordance with standards established by the Director.

(1973 Code, § 7-4.04) (Ord. 813, eff. 9-25-1985)

160.034 Security Required

1. Each applicant for an encroachment permit shall be required to deposit a security with the city, in the form of a security bond, cash deposit, savings and loan certificate and share, or letter of credit, in an amount determined by the Director to be 100% of the estimated cost of the work to be performed under the encroachment permit. The security shall guarantee:

   1. The faithful performance of all terms and conditions of the permit; and

   2. For the period of 1 year after completion the public street shall be free from defects.

2. In the event the amount of security is inadequate, the Director shall have recourse against the permittee for any additional amount of money necessary to restore or repair the public street.

3. The Director, in his or her discretion, may waive or vary the security required by this section in the case of minor encroachment work.

(1973 Code, § 7-4.05) (Ord. 813, eff. 9-25-1985)

160.035 General Deposits

In lieu of posting a separate deposit for each permit, a person who anticipates securing a number of permits pursuant to this chapter during an extended period of time may post with the Director a deposit in an amount not less than $2,000, which amount shall be used for the purposes set forth in § 160.034; provided, however, nothing in this section shall relieve the permittee from making a separate application for each excavation in a public street.

(1973 Code, § 7-4.06) (Ord. 813, eff. 9-25-1985)

160.036 Fees

1. A fee shall be charged for each permit issued pursuant to this chapter as follows:

   1. Fees shall be prescribed by the latest Public Works Department Fee Schedule. The Director of Public Works shall establish the appropriate fees in the schedule from time to time. The Public Works Department Fee Schedule shall be approved by Council resolution.

   2. Public utilities shall pay the actual costs of administration and inspection for each encroachment permit per the current billing rate established by the Finance Department.

2. 1. The fees may be adjusted from time to time by Council resolution.

   2. The fee shall be paid prior to the issuance of any permit.

(1973 Code, § 7-4.07) (Ord. 813, eff. 9-25-1985; Am. Ord. 92-9, eff. 6-17-1992)

160.037 Public Districts, Utilities And Political Subdivisions

No deposit required by §§ 160.035 and 160.036 need be paid by any public utility, public district or political subdivision; provided, however, the entities shall comply with all other provisions of this chapter.

(1973 Code, § 7-4.08) (Ord. 813, eff. 9-25-1985)

160.038 Time Limits; Extensions

1. All permits issued pursuant to this chapter shall be non-transferable and the work authorized by the permits shall commence within 30 days after the issuance thereof and shall be completed within a time estimated by the permittee.

2. The Director may grant a reasonable extension when the work has been delayed without the fault of the permittee.

(1973 Code, § 7-4.09) (Ord. 813, eff. 9-25-1985)

160.039 Prohibited Interpretations

Nothing set forth in this chapter shall be read:

1. To prohibit the making of any excavation necessary for the immediate preservation of life or property; provided, however, any person making the excavation shall notify the Director thereof and shall restore the public street in accordance with the provisions of this chapter; or

2. As imposing upon the city or the Director, or any employee or agent thereof, any liability for any damage or any injury to any person or property resulting from any act of the permittee or its agents or employees.

(1973 Code, § 7-4.10) (Ord. 813, eff. 9-25-1985)

160.040 Indemnification

Any person performing any type of construction or maintaining an encroachment of any kind in a public street right-of-way shall defend, indemnify and hold harmless the city and its officers, agents and employees from any claim or damages of any nature or description arising out of or connected with the construction or encroachment.

(1973 Code, § 7-4.12) (Ord. 813, eff. 9-25-1985)

160.041 Insurance

1. Every application for an encroachment permit pursuant to this subchapter shall be accompanied by a certificate of insurance evidencing coverage for general liability insurance, including comprehensive, premises/operations, explosion/ collapse hazard, underground hazard, contractual, broad form property damage. independent contractors and personal injury endorsements, in the amount of at least $100,000 for each occurrence and $300,000 aggregate. The certificate shall be in a form approved by the City Attorney and shall provide 30 days advance notice to the city of its cancellation or expiration.

2. The amounts and coverages required by this section may be waived or varied by the Director, in his or her discretion, in the case of minor encroachment work.

3. Public utilities of the state shall be exempted from the requirements of this section.

(1973 Code, § 7-4.13) (Ord. 813, eff. 9-25-1985)

160.042 Removal Or Cure Of Illegal Encroachments

The Director and Chief of Police are authorized to remove or cure illegal encroachments in public street rights-of-way in accordance with this section.

1. Notices . Where possible, notice to remove or cure illegal encroachments shall be given to the owner or other responsible person, allowing a reasonable time for the person to remove the encroachment.

2. Removal by the city . Where notice is not possible due to exigency, or the owner is unknown or unavailable, or where the encroachment remains after notice, the encroachment shall be removed or cured by the city. If reasonably possible, any object or thing removed from a public street right-of-way pursuant to this section because it was encroaching shall be held for 3 days to allow the owner to claim it. If the owner fails to claim it, or if it is not reasonably possible to store it, the object or thing shall be disposed of.

3. Costs . The actual costs of the cure or of the removal, storage and disposal of encroachments shall be charged against the owner of the encroachment or the person causing the encroachment. No object or thing removed because it was encroaching shall be released pursuant to this section, except upon the payment of the costs.

(1973 Code, § 7-4.14) (Ord. 813, eff. 9-25-1985; Am. Ord. 88-3, eff. 5-11-1988)

160 Sidewalks (Sections 160.055-160.066) 160.055 Definitions

160.056 Owner's Duty To Repair Defective Sidewalk 160.057 Enforcement

160.058 Civil Liability For Injuries Caused By Defective Sidewalk 160.059 Purpose 160.060 Notice To Repair 160.061 Service Of Notice 160.062 Contents Of Notice 160.063 Time For Commencement And Completion Of Repairs 160.064 Failure To Make Required Repairs 160.065 Assessment Proceedings 160.066 Alternative Payment Plan For Assessment

160.055 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY . The city of Auburn, Placer County, California.

DEFECTIVE SIDEWALK . A sidewalk, sidewalk area, driveway, parking strip, parkway, curb or gutter, where either or both of the following exist:

1. A vertical displacement of ½ inch or more exists; or

2. Irrespective of the quantitative displacement, where in the judgment of the Director, the vertical or horizontal line or grade is altered, fractured or displaced to an extent that a safety hazard exists or the sidewalk is in such a condition as to endanger persons or property or is in such a condition as to interfere with the public convenience in the use thereof.

DIRECTOR . The Director of Public Works, acting individually or through designated subordinates. DIRECTOR shall have the same meaning as the terms "superintendent of streets" and "city engineer" as those terms are utilized in the Cal. Streets and Highways Code, Division 7, Part 3, Chapter 22, as those provisions now exist or are hereafter amended or renumbered.

LOT, LOTS or PORTION OF A LOT . A parcel of real property located within the city, fronting on any portion of a public street, road, avenue, alley, lane, court or place where a sidewalk exists. When used in connection with the words "fronting on the defective sidewalk," or variation thereof, it shall refer to the property in front of or along the side of the defective sidewalk.

OWNER . Any person shown on the last equalized assessment role of the county, owning a lot, lots or portion of a lot within the city and fronting on any portion of a public street, road, avenue, alley, lane, court or place where a sidewalk exists.

REPAIR . Removal of all or a portion of the existing sidewalk, as specified by the Director, and replacement in kind to specifications established by the Director, to a plane surface equivalent to that which existed prior to any sidewalk damage.

PERSON . Any natural person, or persons, a partnership, corporation or other entity, public or private.

(1973 Code, § 7-5.101) (Ord. 93-14, eff. 12-8-1993)

160.056 Owner's Duty To Repair Defective Sidewalk

An owner shall have the duty to maintain and hold in good repair and condition that sidewalk fronting on the owner's lot, lots or portions of a lot. The owner shall immediately repair and/or replace any defective sidewalk fronting on the owner's lot, lots or portion of a lot when owner is noticed of the defective condition. Where the defective sidewalk is caused in whole or in part by a tree root or roots, the owner shall nevertheless have the duty to repair the sidewalk, but the Director may grant permission to cut the root, or portions thereof; provided, however, that the Director may consult with a qualified arborist prior to granting the permission, as deemed necessary by the Director.

(1973 Code, § 7-5.102) (Ord. 93-14, eff. 12-8-1993)

160.057 Enforcement

The City Manager, through the Director, shall enforce this subchapter.

(1973 Code, § 7-5.103) (Ord. 93-14, eff. 12-8-1993)

160.058 Civil Liability For Injuries Caused By Defective Sidewalk

Any person who suffers injury or property damage as a legal result of the failure of the owner to maintain the owner's sidewalk in accordance with this subchapter, shall have a cause of action for the injury or property damage against the property owner. The city shall have a cause of action for indemnity of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain owner's sidewalk as required in this subchapter.

(1973 Code, § 7-5.104) (Ord. 93-14, eff. 12-8-1993)

160.059 Purpose

It is the purpose of this subchapter to provide sidewalk repair procedures which are alternative and supplementary to the procedures set forth in the Cal. Streets and Highways Code, Division 7, Part 3, Chapter 22, commencing at § 5600, as those sections now exist or may hereafter be amended or renumbered. The city, in each instance, may follow the procedure set forth in the Streets and Highways Code or those set forth in this subchapter, or some combination thereof.

(1973 Code, § 7-5.105) (Ord. 93-14, eff. 12-8-1993)

160.060 Notice To Repair

When the Director has actual evidence or knowledge of the existence of a defective sidewalk, the Director shall give notice to the owner of the lot, lots or portion thereof fronting on the defective sidewalk, to repair of the defective sidewalk.

(1973 Code, § 7-5.201) (Ord. 93-14, eff. 12-8-1993)

160.061 Service Of Notice

1. The notice to repair shall be served on the owner by any of the following methods:

   1. Personal service of a copy of the notice on the owner;

   2. Mailing the notice to the owner by certified mail, postage prepaid, to the address of the owner as set forth on the last equalized assessment roll;

   3. Personal service of a copy of the notice on the person in possession of the lot, lots or portion thereof, fronting on the defective sidewalk, if a copy of the notice so served is also mailed to the owner in accordance with division (A)(2) above; and

   4. Posting the notice in a conspicuous place at the lot or lots fronting on the defective sidewalk, if a copy of the notice so posted is also mailed to the owner in accordance with division (A)(2) above.

2. If the notice is served on the owner by mail, the Director shall, not more than 30 days after the mailing of the initial notice to repair, mail to the owner in the same manner an additional notice to repair, marked "Second Notice," containing the same information as was set forth in the initial notice.

(1973 Code, § 7-5.202) (Ord. 93-14, eff. 12-8-1993)

160.062 Contents Of Notice

1. The notice to repair shall, at a minimum, contain the following information:

   1. The sidewalk is a defective sidewalk;

   2. The approximate quantity and nature of the repairs and the estimated cost to affect repairs as estimated by the Director;

   3. The manner in which the work is to be done, including the specifications required by the city as to materials and workmanship; and

   4. That if the repair is not commenced within the time specified in this chapter, or once commenced is not prosecuted diligently and without interruption to completion, the Director shall temporarily repair the sidewalk until permanent repairs can be commenced and completed, and the cost thereof, including administrative costs, shall become a lien on the lot or lots of the owner, fronting on the defective sidewalk. The Director shall, in the notice to repair; provide that, the owner may elect to have the work performed by a licensed contractor of owner's choice, or have the work performed by the city, or through a contractor under contract with the city. The Director may, on a case basis, allow the owner to make the necessary repairs, provided the owner can demonstrate professional skill and ability in performing the required repair tasks and show documented projects of a similar nature.

2. The director shall include with the notice an agreement, in such form as is established by the Director and approved by the City Attorney, which sets forth the election of the owner and the city's requirements with respect to the manner in which the repairs must be performed. The owner shall make the election on the agreement and shall execute it and return it to the Director forthwith.

(1973 Code, § 7-5.203) (Ord. 93-14, eff. 12-8-1993)

160.063 Time For Commencement And Completion Of Repairs

The repairs required by the notice to repair shall be commenced within 60 days after the owner hires a licensed contractor to perform the repairs, or within 60 days after service of the second notice, whichever occurs first, and once commenced the repairs shall be diligently and without interruption prosecuted to completion.

(1973 Code, § 7-5.204) (Ord. 93-14, eff. 12-8-1993)

160.064 Failure To Make Required Repairs

If, after notice to repair has been given, the owner fails to make the repairs required by the notice within the time prescribed in this division, the Director shall cause the city to make the required repairs, and the cost thereof, including administrative and costs, shall be a lien on the lot or lots of the owner, fronting on the defective sidewalk.

(1973 Code, § 7-5.205) (Ord. 93-14, eff. 12-8-1993)

160.065 Assessment Proceedings

If the required repairs have been made by the city, the Director shall, upon completion of the repairs, commence proceedings for assessment of the cost of the repair against the lot, lots or portions of a lot fronting on the defective sidewalk. The proceedings for levy and collection of the assessment shall be taken in accordance with the provisions of Cal. Streets and Highways Code §§ 5616 through 5630, as those sections now exist or as they may be amended or renumbered, and in accordance with city policy.

(1973 Code, § 7-5.206) (Ord. 93-14, eff. 12-8-1993)

160.066 Alternative Payment Plan For Assessment

1. Notwithstanding any provision of this chapter or of the Street and Highways Code to the contrary, if the owner demonstrates to the reasonable satisfaction of the Director that the payment of the assessment for repair of the defective sidewalk will constitute a severe financial hardship on the owner, then no action shall be taken to collect the assessment lien provided that the owner enters into an agreement for the city.

2. If the owner fails to perform under the terms of the agreement, then the city shall have the right to collect the assessment lien in the amount then owing after 10 days' written notice is given to the owner.

3. This remedy shall be in addition to any other remedies at law or in equity which the city may have.

(1973 Code, § 7-5.207) (Ord. 93-14, eff. 12-8-1993)

160 Driveways (Sections 160.080-160.082)

160.080 Construction; Improvements; Approval

160.081 Public Nuisances

160.082 Maximum Grade Standards

160.080 Construction; Improvements; Approval

It shall be unlawful for any person owning real property abutting any city street, or owning an interest in or a right of use over any roadway leading to a public street, to construct or improve the junction of a driveway with a public street unless, before any such work or improvement is commenced, the person shall present to the Superintendent of Streets accurate information concerning the nature and scope of the work proposed to be performed. The Superintendent of Streets, if he or she finds the proposed improvement does not interfere with the rights of the public for the use of the street, shall approve the proposed improvement. The Superintendent of Streets shall have the power to modify the proposed plan of improvement so as to create no interference with the drainage of the street or the flow of water through the gutters of the street.

(1973 Code, § 7-3.01) (Ord. 377, eff. - -)

160.081 Public Nuisances

In the event any improvement referred to in § 160.080 is performed without full compliance with the provisions of this chapter, the work or improvement is hereby declared to be a public nuisance. If the person responsible for the public nuisance shall fail to comply with the provisions of this chapter within 30 days after receiving written notice to remedy the defect, the Superintendent of Streets shall abate the nuisance and remedy the defects so as to secure substantial compliance with the provisions of this chapter. The costs to the city of the compliance shall be assessed against the real property benefitted by the improvement.

(1973 Code, § 7-3.02) (Ord. 377, eff. - -)

160.082 Maximum Grade Standards

All driveways from the improved street section or back edge of the sidewalk to the garage or parking area shall not exceed 15% in grade unless otherwise permitted by the Director of Public Works because of either personal hardship or unusual construction conditions on the particular parcel of property. Driveways constructed on a slope in excess of 5% shall be surfaced with concrete, asphalt or double chip seal.

(1973 Code, § 7-3.03) (Ord. 761, eff. 3-11-1981)

160 Undergrounding Utility Facilities (Sections 160.095-160.105) 160.095 Definitions 160.096 Hearings; Notices; Determinations 160.097 Designation Of Underground Utility Districts 160.098 Unlawful Acts 160.099 Exceptions; Emergencies Or Unusual Circumstances 160.100 Other Exceptions 160.101 Notices To Property Owners And Utility Companies 160.102 Responsibility To Utility Companies 160.103 Responsibility Of Property Owners 160.104 Responsibility Of The City 160.105 Extension Of Time

160.095 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMISSION . The Public Utilities Commission of the state.

DISTRICT or UNDERGROUND UTILITY DISTRICT . The area in the city within which poles, overhead wires and associated overhead structures are prohibited as the area is described in a resolution adopted pursuant to the provisions of § 160.097.

PERSON . Individuals, firms, corporations and partnerships and their agents and employees.

POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES . Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated services.

UTILITY . All persons or entities supplying electric, communication or similar or associated services by means of electrical materials or devices.

(1973 Code, § 7-7.01) (Ord. 567, eff. - -)

160.096 Hearings; Notices; Determinations

The Council may from time to time set public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated services. The City Clerk shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of the hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At such hearings all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

(1973 Code, § 7-7.02) (Ord. 567, eff. - -)

160.097 Designation Of Underground Utility Districts

If, after any such public hearing, as provided for in § 160.096, the Council finds that the public necessity, health, safety or welfare requires such removal and the underground installation within a designated area, the Council shall, by resolution, declare the designated area an Underground Utility District and order the removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground services. A reasonable time shall be allowed for the removal and underground installation, having due regard for the availability of the labor, materials and equipment necessary for the removal and for the installation of the underground facilities as may be occasioned thereby.

(1973 Code, § 7-7.03) (Ord. 567, eff. - -)

160.098 Unlawful Acts

Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in § 160.097, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required by the resolution to be removed, except the overhead facilities as may be required to furnish services to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility services as provided in § 160.103, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this subchapter.

(1973 Code, § 7-7.04) (Ord. 567, eff. - -)

160.099 Exceptions; Emergencies Or Unusual Circumstances

Notwithstanding the provisions of this subchapter, overhead facilities may be installed and maintained for a period not to exceed 10 days, without authority of the Council, in order to provide emergency services. The Council may grant special permission on the terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(1973 Code, § 7-7.05) (Ord. 567, eff. - -)

160.100 Other Exceptions

The provisions of this subchapter and any resolution adopted pursuant to the provisions of § 160.097 shall, unless otherwise provided in the resolution, not apply to the following types of facilities:

1. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

2. Poles or electroliers used exclusively for street lighting;

3. Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, where the wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

4. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

5. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

6. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;

7. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts; and

8. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(1973 Code, § 7-7.06) (Ord. 567, eff. - -)

160.101 Notices To Property Owners And Utility Companies

1. 1. Within 10 days after the effective date of a resolution adopted pursuant to the provisions of § 160.097, the City Clerk shall notify all affected utilities and all persons owning real property within the district thereby created of the adoption of the resolution.

   2. The City Clerk shall further notify the affected property owners of the necessity that, if they, or any person occupying the property, desire to continue to receive electric, communication or similar or associated service, they, or such occupant, shall provide all necessary facility changes on their premises so as to receive the services from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utilities on file with the Commission.

2. The notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of § 160.097, together with a copy of the provisions of this chapter, to affected property owners as they are shown on the last equalized assessment roll and to the affected utilities.

(1973 Code, § 7-7.07) (Ord. 567, eff. - -)

160.102 Responsibility To Utility Companies

If underground construction is necessary to provide utility services within a District created by any resolution adopted pursuant to the provisions of § 160.097, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.

(1973 Code, § 7-7.08) (Ord. 567, eff. - -)

160.103 Responsibility Of Property Owners

1. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in § 160.102 and the termination facility on or within the building or structure being serviced, all in accordance with the applicable rules, regulations and tariffs of the respective utilities on file with the Commission.

2. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 160.007, the Director of Public Works or City Engineer shall give notice in writing to the person in possession of the premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 30 days after receipt of the notice.

3. 1. The notice to provide the required underground facilities may be given either by personal service or by mail.

4. In case of service by mail on either of the persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at the premises, and the notice must be addressed to the owner thereof as the owner's name appears, and must be addressed to the owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Auburn, California.

   3. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof.

   4. If notice is given by mail to either the owner or occupant of the premises, the Director of Public Works or City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than 8 inches by 10 in size, to be posted in a conspicuous place on the premises.

5. The notice given by the city to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within 30 days after receipt of the notice, the city will provide the required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon the property.

6. 1. If upon the expiration of the 30-day period, the required underground facilities have not been provided, the city shall forthwith proceed to do the work; provided, however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the city shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.

   2. Upon completion of the work by the city, the Director of Public Works or City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which the cost is to be assessed.

   3. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon the premises, which said time shall not be less than 10 days thereafter.

7. 1. The Director of Public Works or City Engineer shall forthwith, upon the time for hearing the protests having been fixed, give a notice in writing to the person in possession of the premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the City Council will pass upon the report and will hear protests against the assessment.

   2. The notice shall also set forth the amount of the proposed assessment.

8. Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

9. 1. If any assessment is not paid within 5 days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City and the Director of Public Works or City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid.

   2. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the legal rate.

(1973 Code, § 7-7.09) (Ord. 567, eff. - -; Am. Ord. 99-4, eff. 5-16-1999)

160.104 Responsibility Of The City

The city shall remove at its own expense all city- owned equipment from all poles required by the provisions of this chapter to be removed in ample time to enable the owner or user of the poles to remove the poles within the time specified in the resolution enacted pursuant to the provisions of § 160.097.

(1973 Code, § 7-7.10) (Ord. 567, eff. - -)

160.105 Extension Of Time

In the event any act required by the provisions of this chapter or the resolution adopted pursuant to the provisions of § 160.097 cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, the time within which the act shall be accomplished shall be extended for a period equivalent to the time of the limitation.

(1973 Code, § 7-7.11) (Ord. 567, eff. - -)

• 160 Undergrounding Wires And Facilities For Electrical Energy And Communication Services (Sections 160.115 160.999) 160.115 Findings And Determinations 160.116 New Extensions

160.117 New Extensions; Exceptions

160.118 Existing Overhead Facilities 160.119 Hardships 160.999 Penalty

160.115 Findings And Determinations

The Council hereby finds and determines that the public interest requires that facilities and wires for the extension of existing facilities for the supply and distribution of electrical energy and services, including communication services, shall be placed underground in order to promote and preserve the health, safety and general welfare of the public and to assure the orderly development of the city.

(1973 Code, § 7-8.01) (Ord. 641, eff. - -)

160.116 New Extensions

1. All new extensions of existing utility distribution facilities, including, but not limited to electric, communication and cable television lines, constructed or installed in the city after August 9, 1973, shall be placed underground.

2. Electric and communication service wires or cables to any new building or structure shall be placed underground, unless special permission to construct the facilities aboveground is granted as set forth in § 160.119.

3. All electric and communication service laterals to any building or structure being remodeled or altered, when the remodeling requires the relocation or replacement of the main service equipment of the property owner, shall be placed underground on or adjacent to the premises upon which the building or structure is located, in accordance with the applicable rules, regulations and tariffs of the serving utilities on file with the Public Utilities Commission of the state.

4. It shall be the responsibility of the applicant for electric, communication or similar or associated services to make the necessary arrangements with the utility companies involved for the underground installation of the wires and facilities required for the new extensions and/or services, all in accordance with the applicable rules, regulations and tariffs of the respective utilities on file with the Public Utilities Commission of the state.

(1973 Code, § 7-8.02) (Ord. 641, eff. - -; Am. Ord. 802, eff. 6-13-1984)

160.117 New Extensions; Exceptions

The provisions of § 160.116 shall not apply to:

1. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent building on the same lot or parcel without crossing any public street;

2. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 12,000 volts;

3. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;

4. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts;

5. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects or installed and maintained for a period not to exceed 10 days in order to provide emergency services; or

6. Temporary services for Christmas tree lots, fireworks stands and similar temporary uses.

(1973 Code, § 7-8.03) (Ord. 641, eff. - -)

160.118 Existing Overhead Facilities

The provisions of § 160.116 shall not prohibit the maintenance and operation of existing overhead facilities, nor prohibit the installation of overhead service lines to facilities already served by at least one overhead utility service, nor prohibit utility distribution equipment. A utility may interset additional poles or other supporting structures or increase the height of existing poles or other supporting structures if the work takes place within the existing easements and locational confines of existing overhead utility facilities, and a utility may continue to maintain, repair, replace or reinforce any facility or structure in order to maintain the integrity of any facility or structure existing on or before August 9, 1973.

structures or increase the height of existing poles or other supporting structures if the work takes place within the existing easements and locational confines of existing overhead utility facilities, and a utility may continue to maintain, repair, replace or reinforce any facility or structure in order to maintain the integrity of any facility or structure existing on or before August 9, 1973.

(1973 Code, § 7-8.04) (Ord. 641, eff. - -)

160.119 Hardships

Where the enforcement of the provisions of § 160.116 would result in undue hardship, or not be economically or practically feasible, the City Engineer may permit different arrangements for electric and communication services as follows.

A. A written application for an exception shall be filed with the Planning Department and a copy of the application shall be filed with the Public Works Director.

B. The application shall include all the information necessary properly to apprise the Planning Department and the Public Works Director of the alleged circumstances which require the exception.

C. The Planning Director shall consider the application and shall, within 20 days after the filing of the application, make a recommendation to the City Engineer, who shall grant or deny the exception. Any action so taken may be appealed to the Planning Commission. For subdivisions and developments, any exception shall also be approved by the Public Utilities Commission of the state if so required by state laws and regulations.

(1973 Code, § 7-8.05) (Ord. 641, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

160.999 Penalty

1. Every person who violates the provisions of §§ 160.030 et seq . shall be guilty of an infraction as the term is now, or may hereafter be, defined by the laws of the state.

(1973 Code, § 7-4.11) (Ord. 813, eff. 9-25-1985)

2. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of §§ 160.095 et seq . Any person violating any of the provisions of §§ 160.095 et seq . or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

(1973 Code, § 7-7.12) (Ord. 567, eff. - -)

161 TREE PRESERVATION 161.01 Purpose 161.02 Intent 161.03 Definitions 161.04 Regulated Activities And Exemptions 161.05 Permit Application Process 161.06 Review And Action 161.07 Standard Policies And Procedures For Approved Work 161.08 Mitigation 161.09 Violations And Enforcement 161.10 Environmental Review 161.11 Application Fees 161.12 Public Education And Outreach Program

161.01 Purpose

1. The City Council recognizes that native trees provide benefits to the community and finds it necessary to establish basic standards, measures and compliance for the preservation and protection of native trees while at the same time recognizing the individual rights to develop private property.

2. Benefits provided by trees include:

   1. Enhancing visual and aesthetic qualities that attract visitors and businesses and serve as a source of community image and pride;

3. Energy conservation and energy costs reductions by providing shade and evaporative cooling;

4. Increasing real property values;

5. Reducing storm water runoff and the potential for soil erosion;

6. Reducing noise pollution;

7. Reducing local air pollution by absorbing carbon dioxide and ozone and by releasing oxygen;

8. Reducing wind speed and directing air flow; and

9. Providing habitat for birds, small mammals and other wildlife.

(Ord. 03-5, eff. 7-23-2003)

161.02 Intent

The provisions of this chapter are enacted to:

1. Promote the public health, safety and general welfare;

2. Maintain and enhance the natural scenic beauty of the city;

3. Complement and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing individual rights to develop private property;

4. Establish and maintain the optimum amount of tree cover on public and private lands to moderate climatic conditions, sustain long-term potential increase in property values, maintain original ecology, reduce soil erosion and increase the oxygen output of the area needed to combat air pollution;

   5. Maintain healthy native trees on public and private lands using the most current arboricultural practices;

   6. Encourage quality project design and utilize design incentives to promote the conservation of native tree resources;

   7. Authorize the Planning Director, or his or her designee, to administer this chapter; and

   8. Implement the goals of the conservation and open space element of the general plan.

• (Ord. 03-5, eff. 7-23-2003)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

161.03 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE TREE PERMIT . A tree permit issued by the Director that is not associated with a separate discretionary entitlement.

APPROVING AUTHORITY . Any one of the following: City Council, Planning Commission, Director or other body granted authority under the Auburn Municipal Code to act on subject entitlements.

ARBORIST . An individual certified as an "arborist" by the International Society of Arboriculture with a current and active ISA certification number, and having specialized knowledge, experience and training related to arboriculture, including, but not limited to management practices for tree pruning and maintenance, construction impacts to trees, tree pests and diseases and hazardous tree evaluations.

BEST MANAGEMENT PRACTICES (BMPS) . State of the art guidelines for the care and protection of trees as contained in the body of this chapter.

BORING (AS COMPARED TO UTILITY TRENCHING) . Drilling horizontally under the root system, to open an underground utility pathway, at a depth as to not cause harm or disruption to the root system of a tree or shrub.

CERTIFICATION LETTER . A final letter written by an arborist or registered professional forester stating that work that was performed was observed by an arborist or registered professional forester and complies with the conditions of the discretionary project, the tree report, the tree permit and the provisions of this chapter.

CITY ARBORIST/FORESTER . An arborist or registered professional forester contracted or employed by the city as a consultant, to review, evaluate and prepare tree reports, permit requests and development plans.

CRITICAL ROOT ZONE (CRZ) . A circular area around a protected tree with a radius equal to a tree's largest dripline radius plus 1 foot.

CUT, CUTTING . The partial or complete removal or slicing of a limb, branch or trunk with a saw or other sharp cutting tool of a woody tree or shrub of a diameter of 2 inches or greater.

DEAD TREE . A tree that does not contain any live tissue (such as green leaves or live limbs).

DEADWOOD . Limbs or branches that contain no green leaves or live limbs.

DEADWOODING . The act of removing deadwood.

DEPARTMENT . The Planning Department.

DEVELOPER . Any person or entity conducting any regulated activity within the critical root zone of a protected tree.

DEVELOPMENT ACTIVITY . Work associated with development including, but not limited to roads, parking areas, utilities, trenching, grading, cut/fill slopes, retaining walls, drainage areas, existing/proposed structures and other miscellaneous improvements.

DIAMETER AT BREAST HEIGHT (DBH) . The diameter of a tree trunk measured at 4-1/2 feet above ground level along the center of the trunk axis. The diameter shall be calculated by use of the following formula:

DBH = circumference at breast height/3.14

DIRECTOR. The Planning Director or his or her designee.

DISCRETIONARY PROJECTS . Any non- ministerial development project that must be approved by either the City Council or Planning Commission. DISCRETIONARY PROJECTS include, but are not limited to civic designs, tentative parcel maps, tentative subdivision maps, use permits, changes in zoning districts, variances or planned development permits.

DRIPLINE RADIUS . A radius equal to the horizontal distance from the trunk of the tree to the end of the longest branch.

DYING/UNHEALTHY TREE . Any tree certified by an arborist or registered professional forester as being unhealthy or dying.

ENCROACHMENT . Any regulated activity conducted within the critical root zone of a protected tree.

GRADING . Any removal or deposit of soil or earth material.

HAZARDOUS TREE . A tree that has been certified by an arborist or registered professional forester as being dead, or is so affected by a significant structural defect, damage or disease, or soil that may not provide adequate support, that falling or failure appears imminent and poses a threat to life or property.

IRRIGATION . The transfer of water to a site by artificial means.

LOT SALE SUBDIVISION . A subdivision in which the subdivider or developer sells the lots to other builders rather than building the homes.

MINOR TRIMMING .

1. The cutting from protected trees of:

   1. Dead or diseased limbs or twigs;

   2. Parts which may result in damage to an existing dwelling;

   3. Parts which must be removed for safety or public utilities; or

   4. The pruning of protected trees to promote health and growth.

2. Trimming which substantially reduces the overall size or density of the tree, alters the existing symmetry or natural shape of the tree, or cuts live wood greater than 3 inches in diameter is not considered minor trimming.

NATIVE GROUND SURFACE FABRIC . The layer of topsoil, humus and vegetation that comprises the native ground surface.

NATIVE OAK TREE . Any of the following trees (or hybrids thereof): Quercus lobata (Valley Oak or California White Oak), Quercus douglasii (Blue Oak), Quercus wislizenii (Interior Live Oak), Quercus chrysolepis (Canyon Live Oak), Quercus kelloggii (California Black Oak) and Quercus x morehus (Oracle Oak).

NATIVE TREE . Any of the following trees (or hybrids thereof): Aesculus californica (California Buckeye), Arbutus menziesii (Madrone), Calocedrus decurrens (Incense Cedar), Cercis occidentalis (Western Redbud), Pinus ponderosa (Ponderosa Pine), Pseudotsuga menziesii (Douglas Fir) and any native oak tree.

PRE-CONSTRUCTION PHASE . The time between the approval of a discretionary project and the site planning meeting.

PROTECTED TREES . Any native tree with a trunk that is a minimum of 6 inches in diameter (such as 18.8 inches in circumference) at breast height (dbh), or, any native tree with multiple trunks that includes at least 1 trunk with a minimum diameter at breast height of 6 inches or with trunks that have an aggregate diameter at breast height of at least 20 inches.

PRUNING AND TRIMMINGS STANDARDS . The most current pruning standards as established by the American National Standards Institute (ANSI).

REGISTERED PROFESSIONAL FORESTER . A person registered as a forester under the laws of the state.

REGULATED ACTIVITY . Any activity conducted within the critical root zone of a protected tree which would adversely impact the health of the tree, including, but not limited to cutting, grading, excavating, adding fill soil, irrigating, trenching, boring or compaction.

REMOVAL . The physical removal of a tree.

ROUTINE MAINTENANCE . Those actions taken for the continued health of a protected tree, including, but not limited to deadwooding, mowing grass close to a tree and application of insecticides in conformance with standards established by the International Society of Arboriculture.

SITE PLAN . A scaled drawing of a specific plot of land that includes all of the pertinent information in regards to existing and proposed changes to that plot of land, and specifically shows the location of all protected trees.

SITE PLANNING MEETING . An on-site meeting with the developer and the developer's contractors, superintendent, architect, landscape architect, engineers, project arborist or registered professional forester and city representatives used to delineate special procedures, limits of work, lines of authority and special conditions or procedures not covered by the provisions of this chapter.

TREE . A woody perennial plant containing 1 or more trunks with a diameter of 6 inches or more or with an aggregate diameter of 20 inches or more.

TREE MITIGATION . A fee and/or a quantity of trees planted in exchange for the removal of one or more protected trees.

TREE MITIGATION FUND . A fund that will be used for tree-related activities including, but not limited to: the purchase of trees or tree care products, planting activities, preservation and care of trees and education about trees in the city. The fund may receive funding from tree mitigation fees and other sources and shall be administered by the Director as appropriated by the City Council.

TREE PERMIT . An authorization to conduct specific work or regulated activities within the critical root zone of a protected tree.

TREE REPORT . A report prepared by an arborist or registered professional forester containing specific information on location, condition, potential impacts of development, recommended actions and mitigation measures relating to 1 or more trees on an individual lot or project site.

UTILITY TRENCHING PATHWAY PLAN . A plan approved by the Director setting forth the location of utility trenches in the vicinity of protected trees.

VEGETATION MANAGEMENT PLAN (VMP) .

1. A plan for the assessment, implementation and maintenance necessary to mitigate the hazards of potential wildfire for a specific project or geographical area. A VMP is used to address specific courses of action, responsible parties, resources and priorities.

2. Components of a VMP may include, but are not limited to modification of fuels, removal of fuels, fire safe landscaping, defensible space, shaded fuel breaks, fire breaks and other such means to mitigate the hazards of wildfire. Components contain specific prescriptions with the intent of reducing the wildfire hazard.

(Ord. 03-5, eff. 7-23-2003)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

161.04 Regulated Activities And Exemptions

1. Private property owners shall not, conduct any regulated activity within the critical root zone of any protected tree; or harm, destroy, kill or remove any protected tree unless authorized by a tree permit or as provided in division (C) below.

2. The type of permit required is as follows:

   1. Tree permit . A tree permit is required for any regulated activity within the critical root zone of a protected tree where the encroachment exceeds 20% of the critical root zone, or where the regulated activity is related to a discretionary project. In addition, a tree permit is required for the removal of any protected tree, unless otherwise exempted by this chapter.

3. Administrative tree permit . An administrative tree permit is required for any regulated activity on one or more protected trees, when the regulated activity is not associated with a discretionary project, does not include the removal of a protected tree, and the requested encroachment does not exceed 20% of the critical root zone of any individual protected tree.

   3. The following activities may be undertaken without a tree permit:

      1. Removal, pruning or encroachment of a protected tree located on property that is developed with a single-family dwelling that has been granted occupancy, located within a single-family residential zone and is less than 1 acre in size;

      2. Removal, pruning or encroachment of a protected tree located on property that is undeveloped, located within a single-family residential zone and is less than 1 acre in size as of the date of adoption of this chapter;

      3. The removal, pruning or encroachment into the critical root zone of a protected tree located on property that is: developed with a single-family dwelling that has been granted occupancy, located within a single-family residential zone, greater than 1 acre in size and is associated with a project with an approved set of plans for a home addition, a second residential unit, installation of a pool or driveway or construction of an accessory structure such as a detached garage or storage shed, or other similar improvement; (This exemption does not apply to improvements associated with a discretionary entitlement (such as lot split; use permit; variance).)

      4. The removal of no more than 5 protected trees per calendar year on property that is developed with a single-family dwelling that has been granted occupancy, is located within a single-family residential zone, and is greater than 1 acre in size;

      5. Removal of a protected tree certified by an arborist or registered professional forester as being dead or dying (such as with a rating of 1 per the tree report submittal requirements below);

      6. Removal of a protected tree certified by an arborist or registered professional forester to be in poor health or determined by the Director to be a risk or hazard;

      7. Maintenance of under-canopy landscaping;

      8. Minor trimming;

      9. Activities that do not disturb the soil in the critical root zone or result in physical contact with the protected tree;

      10. Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters and determined to be dangerous by a peace officer, firefighter, civil defense official city code enforcement officer or the Director;

      11. Removal or pruning of a tree when determined to be necessary by Fire Department personnel actively engaged in fighting a fire;

      12. Parking or operation of motor vehicles within the critical root zone on existing paved areas;

      13. Placement or storage of equipment or construction material within the critical root zone on existing paved areas;

4. Activities performed by a public utility necessary to comply with safety regulations or to repair or avoid the interruption of services;

   15. Vegetation management plans deemed necessary by the Fire Department; and

   16. The removal or pruning of a protected tree in order to comply with defensible space requirements as provided for by law.

• (Ord. 03-5, eff. 7-23-2003)

161.05 Permit Application Process

1. Applications for tree permits for regulated activities associated with a discretionary project shall be filed with the Department concurrent with any associated land use permits and/or subdivision applications for the discretionary project.

2. Applications for tree permits not associated with discretionary projects shall be filed with the Department separately.

3. All tree permit applications shall use the forms provided by the Department and shall include, but are not limited to the following:

   1. Application form . Application shall be made on a form supplied by the Director. The signature of the property owner is required on the application.

   2. Justification statement . A written statement providing the justification for the tree permit.

   3. Filing fee . Provide the required filing fee.

   4. Site plan map . A site plan map shall be provided which includes all information as required by the appropriate applications prepared and maintained by the Director. The Director may waive or modify the requirement for a site plan map if the application is for a dead or hazardous tree. A site map shall include the following:

      1. The site plan map shall accurately identify the following existing and proposed features:

         1. Property lines;

         2. Streets, access easements and/or public or private driveways and other paved areas; 3. Buildings or structures;

         3. Setbacks of all buildings and structures from property lines;

         4. Parking and other paved areas;

         5. Land uses on parcel;

         6. Existing grades and proposed grading and construction, including utilities, if available; and

         7. North arrow and scale.

      2. All trees at least 6 inches DBH that are located on the subject property, or whose critical root zone crosses onto the subject property, must be depicted on the site plan map. Identify those protected trees that are to be preserved and those that will be subject to regulated activity.

Tree numbers (as noted in the tree report) shall be shown on both the site plan and grading plan.

  1. The following information shall be provided for all protected trees located within 50 feet of any development activity: 

     1. The exact location of the base of each tree, both horizontally and vertically, as determined by a professional engineer, a licensed land surveyor, an arborist or a registered professional forester; (Individuals applying for nondiscretionary projects may locate trees to the best of their abilities.) 

     2. The base elevation of each protected tree shall be shown on the grading plan; and 

     3. The critical root zone;

2. Applicants may request that the Director waive or modify the tree location requirements for project sites that have a high density of trees or other special circumstances.

   3. The exact location of the critical root zone shall be accurately reflected; and (In certain cases, it may be necessary to physically stake the surveyed corner of building(s) or related improvements in the field in order to assess the potential impacts upon the trees.)

   4. Other information determined to be necessary by the Director in order to evaluate the request.

3. Tree report . A tree report shall be provided that includes all protected trees located within 50 feet of any development activity, as well as other areas as determined by the Director. The information shall be used to evaluate tree conditions, identify measures to protect trees for preservation and to evaluate areas in which to plant replacement trees. The contents of the tree report shall be detailed on a list prepared and maintained by the Director and may include, but is not limited to the following information:

   1. Tree numbers (as tagged by the arborist or a registered professional forester in the field);

   2. Botanical name of each tree by tree number;

   3. Common name of each tree by tree number;

   4. Location of each tree by tree number;

   5. Diameter at breast height (DBH) of each tree by tree number, identifying whether single or multi-trunked trees;

   6. Critical root zone radius of each tree by tree number;

   7. Condition of each tree by reference to tree number. The determination of a tree's condition shall be based upon the following:

      1. Rating system . The condition of each tree is to be considered when determining a tree's rating. Ratings are subjective and are dependent upon both the health and structure (per the International Society of Arboriculture (ISA)) of the tree according to the following categories:

2. Factors .

     1. At a minimum, the following factors shall be considered in light of a tree's life expectancy under existing and planned conditions when determining a tree's rating: 

        1. The condition and environment of the tree's root crown; 

        2. The condition of the trunk, including decay, injury, callusing or presence of fungus sporophore; 

        3. The condition of the limbs, including strength of crotches, amount of dead wood, hollow areas and whether there is excessive weight borne by them; 

        4. The condition and growth rate history of the twigs, including pest damage and diseases; 

        5. Leaf appearance, including abnormal size, color and density as well as pest and disease damage; and 

        6. The critical root zone environment, including evidence of grade changes and presence of water courses or ponding.

2. Using the factors noted above, together with the arborist's or the registered professional forester's best judgment, each tree shall be described using the above rating categories. It is important to rate the tree's structural condition separately from the tree's vigor condition, if they are different. Root crown, trunk and limb ratings relate most to structure, while twigs and foliage, including growth rate, relate most to vigor. The structure of the root crown-trunk area is of primary importance and takes precedence over any other factor. This information should not be considered to be a formula but simply a guideline to help describe a tree's condition.

   8. Impacts associated with proposed development activities shall be identified in the report.

   9. Recommendations shall be provided for all trees.

      1. Specific recommendations shall be provided as possible for each tree. Based upon the conditions and findings, these recommendations should be made that logically follow the report conditions. For instance, if weak crotches are reported, cabling would be a logical recommendation to include in the report.

      2. General preservation measures shall be noted that can be applied to most or all trees being preserved on a project site.

3. Mitigation plan . A mitigation plan shall be provided that identifies the mitigation proposed for the removal of protected trees. Mitigation plans shall include the following:

   1. A table indicating each protected tree to be removed by tree number, type (such as species), size (DBH), condition and total DBH inches; and

   2. The proposed means for mitigating the removal of protected trees (consistent with the requirements of § 161.08).

(Ord. 03-5, eff. 7-23-2003)

161.06 Review And Action

1. Approval authority .

1. The reviewing authority for an administrative tree permit shall be the Director.

2. The reviewing authority for a tree permit shall be the Planning Commission.

2. Procedure .

1. Administrative tree permits shall be issued by the Director. Administrative tree permits that include criteria exceptions under division (D) below shall require approval of an administrative permit consistent with the provisions of §§ 159.475 and 159.476.

2. The Planning Commission shall hold at least 1 public hearing on any tree permit. At least 10 days prior to the first public hearing, the Commission shall give notice of the hearing as set forth in § 159.460.

3. Application evaluation guidelines . The approving authority shall review and approve, conditionally approve, or deny applications in accordance with the provisions of this chapter. It is the intent of this chapter that the review of tree permit applications take into account those factors identified below. While a request must not meet all, or any specific number, of the guidelines noted below, these factors should be used as the basis to support or deny a request.

   1. The gross floor area of any proposed structures in relation to the size of the site and the amount of area on the parcel that does not require the removal of protected trees;

4. Design features of any proposed structures, as compared to other structures in the same vicinity that have or had protected trees on the parcel;

   3. Topographic constraints, lot configuration, and other existing/proposed physical limitations (such as sidewalks; existing structures).

   4. The health and structural condition of the protected trees;

   5. Whether the encroachment is likely to result in the decline of the protected tree;

   6. Whether the encroachment is likely to create a risk to persons or property;

   7. The approximate age of the protected tree compared with the average life span for that species;

   8. Whether removal of the protected tree would encourage healthier, more vigorous growth of younger similar trees in the area;

   9. The number of existing protected trees in the area;

   10. The number of healthy protected trees that a given parcel of land will support with and without the proposed development;

   11. The effect of removal on soil stability/erosion, particularly near watercourses or on steep slopes;

   12. The potential for the protected tree to be a public nuisance or interfere with utility service, as well as its proximity to existing structures;

   13. Present and future shade potential with regard to solar heating and cooling and other climatic conditions;

   14. Whether there are any alternatives that would allow for the preservation of the protected tree (such as stem-wall foundation or post and beam foundation vs. slab foundation);

   15. Accepted tree management practices to ensure long-term survival of the tree;

   16. Whether the tree exhibits one of the following attributes:

   17. Historical value;

   18. Excellent health rating;

   19. Outstanding habitat value;

   20. Unusual species; or

   21. Superior beauty;

   22. Whether other discretionary entitlements are contemplated within one year;

   23. The need for, or requirements of, a vegetation management;

   24. Any other information which may impact the health, safety or general welfare of the public.

5. Evaluation criteria exceptions . It is the intent of this chapter that project design take into consideration the status of protected trees. The city acknowledges that there may be circumstances whereby the strict application of the city's development standards may limit a developer's ability to provide tree protection (such as setback requirements might dictate that a tree needs to be removed). As a result, the approving authority may consider deviations to the city's development standards in conjunction with approval of a tree permit. The deviation can only be approved where appropriate findings can be made and it can be clearly demonstrated that application of the alternative standard would reduce or eliminate impacts to protected trees. Examples of standards that could be subject to review by the approving authority include, but are not necessarily limited to:

   1. Building setbacks;

   2. Building height;

   3. Parking requirements;

   4. Road widths;

   5. Sidewalk placement and design requirements; and

   6. Grading requirements.

6. Director's evaluation . The Director may, if he believes that the tree report is inaccurate or incomplete, or that damage may have occurred to a protected tree, require that the applicant hire a city arborist/forester to review and evaluate a project and/or tree report. The applicant shall be responsible for cost of the city arborist/forester. The cost of the city arborist/forester shall be determined by City Council resolution.

7. Decision . The approving authority's decision to approve or deny the application, including reasons for any denial, shall be provided to the applicant in writing. The approving authority's decision is final upon the filing and notification unless appealed.

8. Conditions . The approving authority may, at the time of approval, impose the conditions as are necessary to insure compliance with this chapter, state or federal laws. The conditions shall be reasonably related to the public needs created by the proposed project. Conditions to mitigate environmental impacts of the activity shall also be imposed by the approving authority.

9. Mitigation . The approving authority may, at the time of approval, impose requirements to mitigate for the removal of (or damage to) trees associated with a project. Mitigation shall be provided pursuant to § 161.08.

10. Approval.

    1. Findings . The approving authority shall make the following findings to approve a tree permit:

       1. Approval of the tree permit will not be detrimental to the public health, safety or welfare;

       2. Approval of the tree permit is consistent with the provisions of this chapter; and

       3. Measures have been incorporated in the project or the permit to mitigate impacts to remaining trees or to provide replacement for trees removed.

2. Permit time limits .

1. An administrative tree permit shall be valid for a period of 1 year from the date of issuance. An extension of time may be granted by the Director for a period not to exceed 1 year.

2. Tree permits in conjunction with discretionary projects shall be valid for the life of the associated discretionary project.

3. Entitlement . The permit shall entitle the applicant to perform only those regulated activities described in the tree permit. Any changes to the project not in substantial compliance with the original approval shall require reapplication to the approving authority. The property owner shall be ultimately responsible for complying with the requirements of the tree permit.

4. Modifications . Any proposed changes in the project after approval shall be submitted to the Director. The Director shall review and approve, conditionally approve or deny modifications to the originally approved permit provided that the change is substantially consistent with the original approval or if the change is more effective in preserving trees. If the Director determines that a request may not be consistent with the original approval or that the request may not be more effective in preserving trees, then the Director may forward the request to the Planning Commission for review.

iginally approved permit provided that the change is substantially consistent with the original approval or if the change is more effective in preserving trees. If the Director determines that a request may not be consistent with the original approval or that the request may not be more effective in preserving trees, then the Director may forward the request to the Planning Commission for review.

5. Subsequent permits . The tree permit shall be deemed satisfied after all tree permit conditions have been complied with and occupancy has been granted or a notice of completion filed for a project involving a tree permit. All subsequent work around trees where a prior tree permit was deemed satisfied shall be subject to a new tree permit.

10. Appeals .

1. Appeal of the Planning Commission's determination. Any person not satisfied with the action of the Commission may appeal the action to the Council pursuant to Chapter 162 of this Municipal Code.

2. Appeal of the Director's determination. Any person not satisfied with the action of the Director may appeal the action to the Planning Commission pursuant to Chapter 162 of this Municipal Code.

• (Ord. 03-5, eff. 7-23-2003; Am. Ord. 09-02, eff. 4-8-2009)

161.07 Standard Policies And Procedures For Approved Work

1. The purpose of this section is to define procedures necessary to protect the health of protected trees when work is conducted upon or around protected trees. The policies and procedures described in this section apply to all encroachments into the critical root zone of protected trees.

2. All tree permits shall be deemed to incorporate the provisions of this chapter except as the tree permit may otherwise specifically provide.

   1. Canopy pruning and care . All cutting, pruning, trimming, cabling, bracing, guying and lightning protection systems shall conform to the most current standards of the American National Standards Institute (ANSI).

   2. Chimney locations . A chimney for wood-burning fireplaces or stoves shall not be located within the canopy of the tree or in such a location that sparks emitted from the chimney may damage a tree.

   3. Cutting roots .

      1. Minor roots less than 2 inches in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area.

      2. Major roots over 2 inches in diameter may not be cut without approval of an arborist or registered professional forester. Depending upon

      • the type of improvement being proposed, bridging techniques, alternatives recommended by an arborist or registered professional forester or a new site design may need to be employed to protect the root and the tree.

   4. Final certification of tree work . All of the tree preservation measures required by the conditions of the discretionary project approval, the tree report and the tree permit, as applicable, shall be completed and certified by the developer's arborist or registered professional forester prior to issuing an occupancy permit.

   5. Grading .

3. Every effort should be made to avoid cut and/or fill slopes within or in the vicinity of the critical root zone of any protected tree.

   2. No grade changes are permitted which causes additional water to drain into the critical root zone of any protected tree.

   3. No grade changes are permitted which results in the ground being lowered on all sides of a protected tree.

   4. Information on standard policies and procedures . The developer shall be responsible for informing all subcontractors and individuals who will be performing work around protected trees of the standard policies and procedures for working around trees as well as the conditions of approval for the project. The general contractor or applicant shall provide this information in writing to the subcontractors and employees.

   5. Irrigation systems . An independent low-flow drip and/or microspray irrigation system may be used for establishing drought-tolerant plants within the critical root zone of a protected tree. Irrigation shall be gradually reduced and discontinued after a 3-year period.

   6. Native ground surface fabric . If any native ground surface fabric within the critical root zone must be removed for any reason, it shall be replaced within 48 hours, or the area shall be treated as recommended by the arborist (or registered professional forester) and the Director. The Director shall consider necessary vegetation management measures as recommended by the Fire Department.

   7. On-site information . The following information must be on-site while any construction activity is on going for a project requiring a tree permit:

      1. Tree report and all future modifications;

      2. Tree location map with a copy of the tree fencing plan;

      3. Tree permit with conditions of approval;

      4. Approved construction plans;

      5. Approved planting and irrigation drawings; and

      6. A copy of the standard policies and procedures for approved work around protected trees.

   8. Plant materials under native oak trees . Planting live material under native oak trees is generally discouraged, and it will not be permitted within 6 feet of the trunk of a native oak tree with a diameter at breast height (DBH) of 18 inches or less, or within 10 feet of the trunk of a native oak tree with a DBH of more than 18 inches. Only drought tolerant plants will be permitted within the critical root zone of native oak trees.

   9. Performance guarantee . A surety shall be posted and maintained to insure the preservation of protected trees during construction. The amount of the surety shall be equal to $100 per inch of protected tree preserved on a project site, to a maximum of $10,000. The deposit shall be posted in a form approved by the Director and the Finance Department prior to any grading or movement of heavy equipment onto the site or issuance

of any permits. Each violation of any tree permit condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the approving authority; provided that, the determinations may be appealed as provided by § 161.06.

12. Preservation devices . If required, preservation devices such as aeration systems, oak tree wells, drains, special foundation systems, special paving and cabling systems must be installed per approved plans and certified by the developer's arborist or registered professional forester.

13. Protective fencing .

14. Type of fencing . A minimum 4-foot high chain link fence, plastic mesh fence, or substitute fence approved by the Director, shall be installed at the outermost edge of the critical root zone of each protected tree or group of protected trees. The developer may submit a request in writing to the Director to modify or waive the fencing requirement. The request shall include a letter detailing the nature of the request and any plans necessary to clearly illustrate proposed changes to fencing plans.

15. Fence installation . Required fencing shall be installed in accordance with the approved fencing plan prior to the issuance of any grading or construction permits. The required fencing shall be inspected by the Department and/or the Engineering Division.

16. Signing . A minimum of one sign shall be installed on the fence around each individual protected tree. Signs placed on fencing around a grove of protected trees shall be placed at approximately 50-foot intervals. The size of each sign must be a minimum of 8-1/2 inches by 11 inches and must contain the following language:

• "DO NOT REMOVE SIGN OR FENCE WITHOUT APPROVAL FROM THE PLANNING DEPARTMENT; CALL (530) 823-4211 FOR INFORMATION"

4. Fence removal . Once approval has been obtained, protective fencing shall remain in place throughout the entire construction period and shall not be removed without obtaining written authorization from the Planning Department.

5. Retaining walls and root protection .

6. Where a tree permit has been approved for construction of any retaining wall within the critical root zone of a protected tree, the developer will be required to provide for immediate protection of exposed roots from moisture loss during the time prior to completion of the wall. The retaining wall shall be constructed within 72 hours after completion of grading.

7. Additional measures may be required to minimize moisture loss as directed by an arborist (or registered professional forester), including, but not limited to, mulching, placement of jute netting and irrigation of the tree.

8. Trenching and boring procedures . In order to minimize or avoid injury to the root system, trenching and boring within the critical root zone of a protected tree, when permitted, may only be conducted with hand tools, air spades or other acceptable measures (as recommended by an arborist or registered professional forester and approved by the Director). The work shall be conducted under the supervision of an on-site arborist or registered professional forester.

9. Utility trenching pathway plan . As a condition of the tree permit, the developer will be required to submit a utility trenching-pathway plan for approval following approval of the project improvement or civil plans.

10. Contents . The trenching-pathway plan shall depict all of the following systems: storm drains, sewers, easements, water mains, area drains and underground utilities. Except in lot sale subdivisions, the trenching-pathway plan must show all lateral lines serving buildings. To be completely effective, the trenching-pathway plan must include the surveyed locations of all protected trees on the project as well as an accurate plotting of the critical root zone of each protected tree.

    2. Standards for plan . The trenching- pathway plan should be developed considering the following general guidelines:

       1. The trenching-pathway plan must be developed to avoid going into the critical root zone of any protected tree on its path from the street to the building.

       2. Where it is impossible to avoid encroachment, the design must minimize the extent of the encroachment. Encroachments and mitigation measures must be addressed in a supplemental tree report.

(Ord. 03-5, eff. 7-23-2003)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

161.08 Mitigation

1. Mitigation shall be provided for all protected trees approved for removal in association with a tree permit. Mitigation shall be provided at a rate of 1 inch of replacement for every 2 inches of tree removal. The total replacement requirement shall be based on the combined DBH of the trunks of the tree(s) removed. Mitigation trees shall be provided with the intent to reflect the character of the site prior to development. Native trees are preferred trees for mitigation; however, site-appropriate non-native trees may be permitted for mitigation purposes.

2. Mitigation shall be based on the rating value given to each of the trees to be removed as identified in the project's tree report. Based on the tree rating system, the mitigation requirements are as follows:

3. Replacement credits shall be given as follows:

   1. One fifteen-gallon tree or 3 5-gallon trees shall be considered replacement for 1 inch.

   2. One 24-inch box tree shall be considered replacement for 2 inches.

   3. One 36 inch box tree shall be considered replacement for 3 inches.

   4. One 48 inch box tree shall be considered replacement for 4 inches.

4. Mitigation shall be provided by 1 of the following methods, or any combination thereof. The preferred alternative is on-site replacement.

5. Replacement trees may be planted on- site, or at an approved off-site location, where maintenance is provided to insure survival of the trees.

6. In certain cases, the city may consider the relocation of native trees from within a project area or to an offsite project area. Credit shall be given for relocation on the same basis as replacement. The guidelines and limitations for relocation are as follows:

   1. The tree(s) being recommended for relocation must be approved by the reviewing body whose decision will be based upon factors relating to health, type, size, time of year, spacing and proposed location.

7. Tree relocation shall be conditioned to require a secured 3-year replacement agreement for the tree(s). If at the end of 3 years the tree is deemed by an arborist or registered professional forester to be in a substantially similar condition to that prior to the transplanting, the agreement will be terminated. If during the 3-year period a tree dies or it has not attained a condition substantially similar to prior to the transplanting, it shall be mitigated as required by this section.

8. The approving authority may require implementation of a revegetation plan. The revegetation plan shall propagate native trees from seeds or seedlings using currently accepted methods. A revegetation program shall identify the source of the trees to be propagated, the location of the plots and the methods to be used to insure success of the revegetation program. The guidelines for revegetation plans are as follows:

   1. A maximum of 25% of the required mitigation can be provided via revegetation.

   2. The developer shall enter into a written agreement with the city obligating the developer to comply with the requirements of the revegetation program.

   3. A performance security or bond for 150% of the cost of the revegetation plan shall be required to insure that the agreement is fulfilled.

   4. A revegetation program shall not be considered complete until the trees to be propagated have reached 1 inch in diameter or the approving authority approves a revised revegetation program that demonstrates the need for alternative success criteria and achieves mitigation on an inch- for-inch basis.

9. Mitigation for the removal of protected trees may be in the form of preserving an existing and sustainable preserve of native trees. The value of the trees to be preserved shall be determined by the approving authority. The preservation area must be either dedicated to the city, placed in a conservation easement, or some other method accepted by the approving authority to insure preservation of the woodland habitat.

10. The approving authority may determine that the remedies described above are not feasible or desirable, and may require instead, payment of a cash contribution based upon the cost of purchasing, planting, irrigating and successfully establishing the required number of native trees (such as 15-gallon native trees). The "per tree cost" shall be as established by City Council resolution. The cash contribution shall be deposited into the tree mitigation fund. A tree mitigation fund shall be established by resolution for the deposit of mitigation fees and penalty assessments. The fund shall be utilized to propagate and protect trees. Uses of the fund include, but are not limited to tree education, purchasing property to plant or protect trees, propagating trees from seed or container stock, relocating native trees, maintaining existing trees, public tree planting and revegetation projects for roadways, parks and beautification projects. This fund shall be administered by the Director, as appropriated by the Council.

(Ord. 03-5, eff. 7-23-2003)

161.09 Violations And Enforcement

1. The Director shall be responsible for the enforcement of the provisions of this chapter.

2. The Director may require the preparation of a tree report to determine the extent of damage to native trees. The tree report shall be provided consistent with § 161.05.

3. In addition to any other requirements of this chapter, any violation of this chapter shall be punishable as a misdemeanor.

4. Any person, firm or corporation that does not apply for a tree permit prior to removal of protected trees, and where no security deposit has been posted, shall replace trees as required by § 161.08 and shall pay a fine equal to the replacement value of the trees.

5. Except as provided herein, if trees are removed without prior approval, the City Council may choose to deny or defer approval of any application for development of that property for a period of up to 3 years.

6. In addition to any other penalties allowed by this code, the Director may, upon a finding that a violation of conditions has occurred, suspend any tree

• permit or permit for a discretionary project associated pending review and action by the Commission or Council. The Commission or Council may suspend or revoke any tree permit or permit for a discretionary project associated with a tree permit upon a finding that a violation of conditions of approval has occurred.

7. In addition to any other penalties allowed by this code, the Director may suspend or revoke an administrative tree permit upon finding that a violation of the conditions of approval has occurred.

8. Protected trees within the city are valuable assets to the residents of the community, and as a result, destruction of or damage to these trees warrants compensation to the public. Any person who removes, kills, or significantly damages any tree in violation of this chapter may be required by the Director to provide restitution to the city and to forfeit, either in part or in whole, the performance guarantee required under § 161.07. In addition to any other remedies, restitution shall be calculated at triple the rate provided by § 161.08. A restitution requirement may be appealed to the City Council pursuant to Chapter 162 of this Municipal Code.

9. Whenever any construction or work is being performed contrary to the provisions of this chapter or conditions of the appropriate discretionary project, the Director may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No work shall be allowed until the violation has been rectified and approved by the Department.

(Ord. 03-5, eff. 7-23-2003; Am. Ord. 09-02, eff. 4-8-2009)

161.10 Environmental Review

Review by the approving authority is subject to the requirements of the California Environmental Quality Act (CEQA). The approving authority shall not approve an application prior to considering the applicable environmental document and complying with the requirements of CEQA and any city procedures for the preparation and processing of environmental documents.

(Ord. 03-5, eff. 7-23-2003)

161.11 Application Fees

The City Council may establish a fee for the processing of applications under the provisions of this chapter by resolution, which may be amended from time to time.

(Ord. 03-5, eff. 7-23-2003)

161.12 Public Education And Outreach Program

The purposes of this program are to involve and inform the public about the city's valuable tree resources and encourage the voluntary use of BMPs. The Director and community groups will work together to disseminate this information to the public and provide all development permit applicants with a set of materials designed to insure their understanding of the ordinance requirements, process, BMPs, standard policies and procedures, locations of heritage trees and other information.

(Ord. 03-5, eff. 7-23-2003)

162 LAND USE APPEALS 162.01 Title And Purpose 162.02 Effect Of Filing 162.03 Appellate Authority 162.04 Appeal To Planning Commission Or Historic Design Review Commission 162.05 Action By Planning Commission Or Historic Design Review Commission 162.06 Appeal To City Council 162.07 Action By City Council 162.08 Notice Of Hearing 162.09 Hearing Transcript 162.10 Effect Of Denial 162.01 Title And Purpose

The purpose of this chapter is to establish a procedure for appeals of decisions made pursuant to Chapters 153, 155, 158, 159, and 161 of this Municipal Code and any other provision of this code which references this chapter.

(Ord. 09-02, eff. 4-8-2009)

162.02 Effect Of Filing

The filing of a notice of appeal pursuant to this chapter stays all activity on a project until a final decision on the appeal.

(Ord. 09-02, eff. 4-8-2009)

162.03 Appellate Authority

Unless otherwise expressly provided in Chapters 153, 155, 158, 159, or 161 of this Municipal Code, any decision made by the Director pursuant to those chapters may be appealed to the Planning Commission or the Historic Design Review Commission, as the context shall require, and any decision made by the Planning Commission, the Historic Design Review Commission, or the Floodplain Administrator pursuant to those chapters may be appealed to the City Council. As used in this chapter, DIRECTOR shall mean the Public Works Director, the City Engineer, the Floodplain Administrator, or the Planning Director, as the context shall require.

(Ord. 09-02, eff. 4-8-2009)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 162.04 Appeal To Planning Commission Or Historic Design Review Commission

1. Power to hear and decide . The Historic Design Review Commission shall hear appeals from actions of the Director with respect to design review and historic design review projects located in a Historic Design Review District. The Planning Commission shall hear appeals of all other decisions of the Director under Chapters 153, 155, 158, 159, and 161 of this Municipal Code unless otherwise specified by this code.

nd decide_ . The Historic Design Review Commission shall hear appeals from actions of the Director with respect to design review and historic design review projects located in a Historic Design Review District. The Planning Commission shall hear appeals of all other decisions of the Director under Chapters 153, 155, 158, 159, and 161 of this Municipal Code unless otherwise specified by this code.

2. Filing of appeal . Unless otherwise specified in this code, any interested person may file an appeal of a Director's decision. The appeal shall be filed in writing with the Planning Department within 10 calendar days after the Director's decision is issued and shall state the grounds for appeal and any specific action the appellant requests the city take. The appropriate fee, established from time to time by resolution of the City Council, shall be paid at the time the appeal is filed. If no appeal is timely filed, the Director's decision is final.

3. Hearing and notice . The Director shall set a hearing on the appeal, which shall be conducted pursuant to § 162.06. Notice of the hearing shall be given pursuant to § 162.08.

4. Record on appeal . All materials on file with the Director or Floodplain Administrator shall be part of the record on appeal. In addition, any person may offer supplemental evidence at or before the appeal hearing.

5. De novo review . The Planning Commission or Historic Design Review Commission is not limited to consideration of the materials presented to the Planning Commission, Historic Design Review Commission, Director, or Floodplain Administrator. The Planning Commission or Historic Design Review Commission may consider any matter or evidence relating to the application, request or decision which is the subject of the appeal, regardless of the issues stated in the notice of appeal.

(Ord. 09-02, eff. 4-8-2009)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

162.05 Action By Planning Commission Or Historic Design Review Commission

1. Options . Upon hearing an appeal, the Planning Commission or the Historic Design Review Commission may:

   1. Approve an application upon finding that all applicable findings have been properly made and all applicable provisions of this code have been complied with;

   2. Approve an application but impose additional or different conditions of approvals to fulfill the purposes of the applicable provisions of this code;

   3. Deny an application, with or without prejudice to the filing of a renewed application for substantially the same land use within 1 year of the decision on the appeal, upon a finding that all applicable findings have not been properly made or all applicable provisions of this code have not been complied. A denial without prejudice shall also require a determination that the application has merit and can be modified to conform with all applicable provisions of this code;

   4. Remand the matter to the Director with instructions; or

   5. Continue the matter.

2. Vote required . A majority of the Planning Commission or Historic Design Review Commission members voting shall be required to grant an appeal, or to approve an application as to which the Director or the Floodplain Administrator has failed to act within the time permitted by law. In the event of a tie vote or any other failure of the Planning Commission or Historic Design Review Commission to muster a majority to determine an appeal, the decision appealed from shall be deemed confirmed by that body, subject to further appeal to the City Council if and as authorized by this code.

3. Effective date . A decision of the Planning Commission or Historic Design Review Commission on an appeal shall be final as to that body, subject to further appeal to the City Council if and as authorized by this code when rendered unless otherwise provided by the City Council in rules of procedure or otherwise. In cases where the Commission adopts a resolution memorializing its decision, final action shall be the adoption of the resolution.

(Ord. 09-02, eff. 4-8-2009)

162.06 Appeal To City Council

1. Power to hear and decide . The City Council shall hear appeals from actions of the Planning Commission, the Historic Design Review Commission, the Director, and the Floodplain Administrator.

2. Appeal of a Planning Commission or Historic Design Review Commission decision . Any interested person may appeal a final decision of the Planning Commission or the Historic Design Review Commission. The appeal shall be filed in writing with the City Clerk within 10 calendar days after the decision and shall state the grounds for appeal and any specific action the appellant requests the city take. The appropriate fee, established from time to time by resolution of the City Council, shall be paid at the time the appeal is filed. If no appeal is timely filed, the Commission's decision is final.

3. Appeal of a decision of the Director or Floodplain Administrator . Any interested person may appeal a decision of the Director made directly appealable to the City Council rather than to the Planning Commission by another provision of this code or a decision of the Floodplain Administrator. The appeal shall be filed in writing with the City Clerk within 10 calendar days after the decision and shall state the grounds for appeal and any specific action the appellant requests the city take. The appropriate fee, established from time to time by resolution of the City Council, shall be paid at the time the appeal is filed. If no appeal is timely filed, the Director's or Floodplain Administrator's decision is final.

4. Hearing and notice . The City Manager shall set a hearing on the appeal, which shall be conducted pursuant to § 162.06. Notice of the hearing shall be given pursuant to § 162.08.

5. Record on appeal . All materials on file with the Director or Floodplain Administrator shall be part of the record on appeal. In addition, any person may offer supplemental evidence at or before the appeal hearing.

6. De novo review . The City Council is not limited to consideration of the materials presented to the Planning Commission, Historic Design Review Commission, Director, or Floodplain Administrator. The City Council may consider any matter or evidence relating to the application, request or decision which is the subject of the appeal, regardless of the issues stated in the notice of appeal.

(Ord. 09-02, eff. 4-8-2009)

162.07 Action By City Council

1. Council options . Upon hearing an appeal, the City Council may:

   1. Approve an application upon finding that all applicable findings have been properly made and all applicable provisions of this code have been complied with;

   2. Approve an application but impose additional or different conditions of approvals to fulfill the purposes of the applicable provisions of this code;

   3. Deny an application, with or without prejudice to the filing of a renewed application for substantially the same land use within 1 year of the decision on the appeal, upon a finding that all applicable findings have not been properly made or all applicable provisions of this code have not been complied. A denial without prejudice shall also require a determination that the application has merit and can be modified to conform with all applicable provisions of this code;

   4. Remand the matter with instructions; or

   5. Continue the matter.

2. Vote required . A majority of the City Council members voting shall be required to grant an appeal or to approve an application as to which the Director, Planning Commission, Historic Design Review Commission, or the Floodplain Administrator has failed to act within the time permitted by law. In the event of a tie vote or any other failure of the City Council to muster a majority to determine an appeal, the decision appealed from shall be deemed confirmed unless applicable law, such as the California Environmental Quality Act, requires otherwise.

3. Effective date . A decision of the City Council on an appeal shall be final when rendered unless otherwise provided by the City Council in rules of procedure or otherwise. In cases where the City Council adopts a resolution memorializing its decision, final action shall be the adoption of the resolution.

(Ord. 09-02, eff. 4-8-2009)

162.08 Notice Of Hearing

Unless another provision of this code requires otherwise, notice of an appeal hearing shall be provided as follows.

1. Time . Notice of public hearing shall be given at least 10 calendar days before the hearing date.

2. Content . A notice of hearing shall include:

   1. The date, time and place of hearing;

   2. The identity of the hearing body or officer;

   3. A general explanation of the matter to be considered, including the action from which appeal is taken; and

   4. The address or general location of the project site.

3. Method of notice . Notice shall be given by the following methods:

4. Publication . Notice shall be published in a newspaper of general circulation in the city. If no such newspaper exists when notice is required to be given, such notice shall be posted in at least 3 public places in the city designated by the City Council.

   2. Notice . Notice to owners of property within 500 feet.

      1. Written notice shall be given by first class mail or personal delivery to all persons shown on the last equalized assessment roll as owning real property within 500 feet of the external boundaries of the property which is the subject of the appeal.

      2. In the event that more than 1,000 persons are entitled to notice of an appeal pursuant to division (C)(1) above, notice may instead be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city.

   3. Appellant, property owner, and applicant . Notice shall be given to the appellant, owner of the subject property, and the applicant.

   4. Notice to persons requesting notice . In all cases, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request with the city to receive notices of public hearings and has paid such fee as the City Council may establish by resolution for that purpose from time to time. Such a request may be submitted at any time and shall apply for the balance of the calendar year.

   5. Posting of property . Notice shall also be given if and as required by § 159.460 of this Municipal Code.

(Ord. 09-02, eff. 4-8-2009)

162.09 Hearing Transcript

Nothing in this chapter requires the keeping of a verbatim hearing transcript where such a transcript is not otherwise required by law.

(Ord. 09-02, eff. 4-8-2009)

162.10 Effect Of Denial

When an application for a land use or other approval has been finally denied by the city under Chapters 153, 155, 158, 160 and 161 of this Municipal Code, no substantially similar application may be filed with the city for that same property for a period of 1 year from the date of denial unless the decision is expressly stated to be without prejudice to such a further filing.

(Ord. 09-02, eff. 4-8-2009)

This chapter shall be known as the "Alcohol Sales and Deemed Approved Alcohol Sales Regulations Chapter."

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.02 Applicability

1. The provisions of this chapter shall apply to the extent permissible under other laws to off-sale alcoholic beverage establishments, as defined in this section, located in the city that sell alcoholic beverages for off-site consumption.

2. Whenever any provision of this chapter, and any other provision of law, whether set forth in these regulations, in an existing use permit, or in any other law, ordinance, or regulations of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the alcohol sales and deemed approved alcohol sales regulations.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 163.03 Definitions

The meaning and construction of these words and phrases, as set forth below, shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction.

ALCOHOLIC BEVERAGE . Alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contains ½ of 1% or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

ALCOHOLIC BEVERAGE SALES ACTIVITY . The retail sale of alcoholic beverages for off-site consumption.

CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL or ABC . Refers to the department of the state of California empowered to act pursuant to Article 20, § 22, of the Cal. Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

CONDITIONS OF APPROVAL . All requirements that must be carried out by the owners engaged in the activity of: (1) a new alcoholic beverage sales activity to exercise a land use permit; or (2) an existing permitted, conditionally permitted, or legal nonconforming alcoholic beverage sales activity in order to comply with deemed approved performance standards and to retain its deemed approved status.

DEEMED APPROVED ACTIVITY . Any existing permitted or conditionally permitted alcoholic beverage sales activity, or any legal nonconforming alcoholic beverage sales commercial activity (as defined below). Such activity shall be considered a deemed approved activity effective the effective date of this chapter as long as it complies with the deemed approved performance standards set forth in § 163.14.

DEEMED APPROVED STATUS . The permitted use of land for a deemed approved activity. Deemed approved status replaces permitted and conditionally permitted status (to the extent the establishment is not already required to meet all of the operational standards established in this chapter), and legal nonconforming status for off-sale alcohol establishments with respect to alcoholic beverage sales commercial activity and remains in effect as long as it complies with the deemed approved provisions and performance standards.

ENFORCEMENT OFFICER . Has the same meaning as CODE ENFORCEMENT OFFICER as defined in § 10.81.

ILLEGAL ACTIVITY . An activity, which has been finally determined to be in noncompliance with local, state or federal laws, the conditions of any applicable permits, or the deemed approved provisions and performance standards in this chapter. Such an activity may lose its deemed approved status and if it does it shall no longer be considered a deemed approved activity.

LEGAL NONCONFORMING ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITY or LEGAL NONCONFORMING ACTIVITY . An offsale alcoholic beverage sales commercial activity for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of this chapter. A LEGAL NONCONFORMING ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITY or LEGAL NONCONFORMING ACTIVITY includes all beverage sales activities of existing off-sale alcoholic beverage establishments that are not in conformance with the regulations applicable to new off-sale alcoholic beverage establishments contained in this chapter, regardless of whether such activities were allowed as part of a use permit granted prior to the effective date of this chapter. Such an activity shall be considered a deemed approved activity and shall no longer be considered a legal nonconforming activity.

MODIFY or MODIFIED . The expansion or increase in intensity or substantial change of a use.

OFF-SALE ALCOHOLIC BEVERAGE ESTABLISHMENT . An establishment that conducts retail sales of alcoholic beverages for consumption off the premises where sold.

OPERATIONAL STANDARDS . Regulations for the business practice activities and land use for locations with a use permit issued in conformance with the regulations in this chapter on or after the effective date of this chapter or those further requirements imposed on off-sale alcoholic beverage establishments to achieve the purposes of this chapter. Operational standards constitute requirements which must be complied with by an establishment in order to maintain its use permit or deemed approved status.

PERFORMANCE STANDARDS . Regulations for the business practice activities and land use for locations with deemed approved status, in whole or in part, or those further requirements imposed to achieve the purposes of this chapter. PERFORMANCE STANDARDS constitute requirements which must be complied with by an off-sale alcoholic beverage establishment in order to retain its deemed approved status.

PERMITTED OR CONDITIONALLY PERMITTED ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITY or PERMITTED OR CONDITIONALLY PERMITTED ACTIVITY . An off-sale alcoholic beverage sales commercial activity which is a permitted or conditionally permitted activity pursuant to applicable provisions of this municipal code prior to the effective date of this chapter, and for which a valid ABC license has been issued

and was used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of this chapter.A PERMITTED OR CONDITIONALLY PERMITTED ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITY or PERMITTED OR CONDITIONALLY PERMITTED ACTIVITY includes all alcoholic beverage sales activities of any existing off-sale alcoholic beverage establishment that are not in conformance with the regulations applicable to new off-sale alcoholic beverage establishments contained in this chapter, regardless of whether such activities were allowed as part of a use permit granted by the Planning Commission or otherwise allowed as permissible activities associated with the establishment's permitted use, prior to the effective date of this chapter. To the extent that the activity is not in conformance with this chapter it shall be considered a deemed approved activity.

PREMISES . The actual space in a building devoted to alcoholic beverage sales.

REDEVELOPED . The demolition of an existing off-sale alcoholic beverage establishment (whether conducting permitted or conditionally permitted activities or deemed approved activities) followed by the immediate reconstruction and operation of a replacement off-sale alcoholic beverage establishment.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.04 New, Modified, Or Redeveloped Off-Sale Alcohol Establishment Standards

Except as otherwise provided in this chapter, no person shall establish a new off-sale alcoholic beverage establishment, nor shall any person modify or redevelop an existing off-sale alcoholic beverage establishment, in violation of § 159.246 of this code or an applicable use permit without first obtaining a use permit in the manner provided by § 163.05. Furthermore, the standards contained in §§ 163.04 through 163.08 require new off-sale alcoholic beverage establishments, as defined in § 163.03, to secure a use permit in the manner provided in §§ 163.05 through 163.11 in order to lawfully engage in the sale of alcoholic beverages from premises located in the city; and require such establishments to manage such premises in accordance with the requirements of such permit, including operational standards and any conditions of approval incorporated as conditions of the permit.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.05 Use Permit Required

All alcoholic beverage establishments to which §§ 163.04 through 163.11 are applicable shall obtain a use permit pursuant to §§ 159.405 through 159.409 of this code and satisfy all pertinent conditions prior to engaging in any alcoholic beverage sales activity.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

• 163.06 Distance Requirements; Applicable To New Off Sale Alcoholic Beverage Sales Activities

1. No new off-sale alcoholic beverage establishment shall be located within 600 feet of public or private schools, and parks or playgrounds, except:

A convenience market with a maximum of 10% of the retail display area devoted to the sale and display of alcoholic beverages, limited to off-sale beer and wine, non-fortified products only. Retail display area includes all floor area within the establishment that is accessible and within view of customers, including aisles, and floor area occupied by shelves, counters, and refrigerator coolers.

2. For purposes of this section, distances shall be measured between the closest property lines of the affected locations.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

• 163.07 Operational Standards; Applicable To New, Modified, Or Redeveloped Off Sale Alcoholic Beverage Sales Activities

1. All new, modified, or redeveloped off-sale alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

   1. That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

g activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

2. Hours of operation . In an off-sale alcohol establishment, the sale of alcoholic beverages may be restricted to certain hours of each day of the week unless limited further by the ABC.

3. That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, Cal. Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.

4. That its upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

5. That it complies with the following alcohol sale limitations:

   1. No distilled spirits shall be displayed, sold or given away in containers of less than 375 milliliters, except premixed cocktails.

   2. The display, sale or distribution of 50 milliliters "airline bottles" and 375 milliliters "hip flask" containers is prohibited.

   3. No sale or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.

   4. No wine or wine coolers shall be displayed, sold or given away in containers of less than 750 milliliters, except multipack containers of wine, and multipack wine coolers containing no more than 6% alcohol by volume.

   5. No wine shall be displayed, sold or given away with an alcoholic content greater than 15% by volume unless in corked bottles and aged at least 2 years.

   6. No single containers of beer, malt liquor, wine cooler, or similar alcoholic beverages shall be offered for sale.

   7. No containers of beer, malt liquor, wine cooler, or similar alcoholic beverages shall be offered for sale separately from their original factory packaging of 6-pack or greater.

   8. No display, sale or distribution of beer, malt liquor, wine, wine coolers, or similar alcoholic beverages shall be made from an ice tub, barrel or similar container.

   9. All display of alcoholic beverages shall be no closer than 5 feet from the store entrance.

6. That it complies with the following public nuisance prevention measures:

   1. No fixtures or furnishings that encourage loitering and nuisance behavior are permitted on the premises. This includes, but is not limited to chairs, seats, stools, benches, tables, crates, etc.

7. The establishment's operators or employees shall be required to discourage loiterers and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

   3. No video or other electronic games shall be located in an off-sale alcoholic beverage establishment.

   4. Mitigating alcohol related problems . The establishment shall be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including but not limited to sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise, and litter.

   5. Drug paraphernalia . An off-sale alcohol establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in Cal. Health and Safety Code §§ 11014.5 and 11364.5. DRUG PARAPHERNALIA means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with Cal. Health and Safety Code § 11000.

   6. Signage . There shall be no exterior advertising of alcoholic products, or tobacco and paraphernalia or similarly controlled products.

   7. Signs . The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows.

      1. "California State Law prohibits the sale of alcoholic beverages to persons younger than 21 years of age."

      2. "No Loitering or Public Drinking."

      3. "It is illegal to possess an open container of alcohol in the vicinity of this establishment."

   8. Presentation of documents . A copy of the conditions of approval and the ABC license shall be kept on the premises and presented to any enforcement officer or authorized state or county official upon request.

   9. Window obstructions . To ensure a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance, no more than 15% of windows and entry doors shall be blocked by signs, vending machines, shelves, racks, storage, etc.

   10. Training . Each off-sale operator and their employees shall complete the Responsible Beverage Service (RBS) Training component. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board or other certifying/licensing body designated by the state of California. Proof of completion shall be retained on site for inspection.

ch off-sale operator and their employees shall complete the Responsible Beverage Service (RBS) Training component. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board or other certifying/licensing body designated by the state of California. Proof of completion shall be retained on site for inspection.

12. Security cameras . At least 2 high definition 24-hour time lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the Police Department capable of color recording and storing a minimum of 30 days of continuous video. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the Police Department.

13. Proof of identification . Every off-sale operator and their employees shall require every customer to provide bona fide evidence of majority and identity as defined in Cal. Business and Professions Code § 25660.

14. Failure to comply with these requirements shall constitute grounds for revocation of a use permit.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

• 163.08 Required Findings; New Off Sale Alcoholic Beverage Sales Activities

Subject to the operational standards listed in § 163.07, the Planning Commission shall approve issuance of a use permit to allow a new off-sale alcoholic beverage sales activity upon making the following findings:

1. The proposed establishment meets the locational requirements of § 163.06.

2. The proposed alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering.

3. The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverages sales activity establishments.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.09 Grounds For Use Permit Suspension, Modification, Or Revocation

1. An alcoholic beverage sales establishment's use permit may be suspended for up to 1 year, modified or revoked by the Chief of Police within 10 days after notice thereof, for failure to comply with operational standards, training requirements or conditions of approval imposed through their use permit. The permittee shall have the right to a hearing thereon in the manner described in Chapter 162 of this code.

   2. Any use permit issued pursuant to the provisions of § 163.05 shall be subject to the condition, in addition to any and all other conditions, that it shall terminate and cease to apply to any establishment which:

2. Shall have ceased its operation for a period of 180 or more calendar days; and

     1. If there is thereafter filed any application or requested transaction with the ABC, whereby the laws of the state of California require notice thereof to be filed with the city, and allow the filing of a protest thereon by the city (including person-to-person transfer of existing licenses); or 
   
     2. Where after such 180-calendar-day period, the existing license shall have ceased to apply to such establishment; or 
   

   2. Where the existing license shall have been surrendered to the ABC for a period exceeding 180 calendar days.

• (Ord. 18-01, passed 1-22-2018; Am. Ord. 18-07, passed 6-9-2018)

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.10 Investigative Procedures Of Potential Violation Of Conditions Of Approval And Operational Standards

Upon the city's receipt of a complaint from the public, Police Department, city official or any other interested person that a use permit activity is in violation of the operational standards, conditions of approval, or performance standards set forth in this chapter, the city shall follow the administrative enforcement procedures in §§ 10.80 through 10.99.

1. An enforcement officer shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the activity's compliance with operational standards and/or conditions of approval.

2. If the enforcement officer determines that the activity is in violation of the operational standards and/or conditions of approval, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the city's administrative citation procedures contained in §§ 10.80 through 10.99 of this code. The first notice of violation shall be given in accordance with § 10.83 of this code. If, however, the enforcement officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the Chief of Police, who may suspend, modify, or revoke the establishment's use permit. The Director's action under this division is subject to appeal under Chapter 162 of this code.

able of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the Chief of Police, who may suspend, modify, or revoke the establishment's use permit. The Director's action under this division is subject to appeal under Chapter 162 of this code.

3. Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of §§ 10.80 through 10.99 of this code, unless otherwise expressly provided by this chapter. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to §§ 10.80 through 10.99, the hearing officer may, in addition to exercising all powers designated in §§ 10.80 through 10.99, make a recommendation to the Planning Commission to suspend, modify or revoke the establishment's use permit if in the judgment of the hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this chapter. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including but not limited to, the operational standards listed in § 163.07, and the performance standards listed in § 163.14 of this code.

4. If an appeal hearing is conducted on a potential violation in the manner prescribed in Chapter 162, it shall determine whether the activity is in compliance with the operational standards and/or conditions of approval. Based on this determination, the Planning Commission may suspend, modify or revoke the activity's use permit or impose additional or amended conditions on the use, including, but not limited to, the operational standards listed in § 163.07 of this code, based upon the information then before it. In reaching a determination as to whether a use has violated the operational standards or conditions of approval, or as to the appropriateness of suspending, modifying, or revoking of a use permit, or the imposition of additional or amended conditions on a use, the Planning Commission may consider the following:

   1. The length of time the activity has been out of compliance with the operational standards and/or conditions of approval;

   2. The impact of the violation of the operational standards and/or conditions of approval on the community; or

   3. Any information regarding the owner of the activity's efforts to remedy the violation of the operational standards and/or conditions of approval.

5. "Efforts to Remedy" shall include, but are not limited to:

   1. Timely calls to the Police Department that are placed by the owner and/or operator of the establishment, his or her employees, or agents;

   2. Requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval cease those activities, unless the owner or operator of the activity, or his or her employees or agents feels that their personal safety would be threatened in making that request; or

6. Making improvements to the establishment's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, the clearing of window obstructions, the cleaning of sidewalks and the abatement of graffiti within 3 days.

7. If in the judgement of the Chief of Police, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Chief of Police may suspend, modify, or revoke the activity's use permit. All determinations, decisions, and conditions made or imposed regarding the use of an activity shall run with the land. The Chief of Police's action under this division is subject to appeal under Chapter 162 of this code.

8. The decision of the Planning Commission shall be final and conclusive, unless appealed as provided in Chapter 162 of this code.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 Amended by Ord. 18-07 on 7/9/2018

163.11 Appeal From Suspension, Modification Or Revocation Of Use Permit

Any applicant or other person aggrieved by a decision of the Chief of Police from a suspension, modification or revocation of a use permit pursuant to this chapter may appeal the decision pursuant to Chapter 162 of this code.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 Amended by Ord. 18-07 on 7/9/2018 163.12 Deemed Approved Alcoholic Beverage Sales Regulations

Except as otherwise provided in this chapter, any permitted or conditionally permitted off-sale alcoholic beverage establishment and legal nonconforming off-sale alcoholic beverage establishment lawfully operating prior to the effective date of this chapter pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for off-site consumption shall thereafter be an establishment with deemed approved status, and shall no longer be considered permitted, conditionally permitted or legal nonconforming activities. Such establishment may continue to lawfully operate provided the operation is conducted in compliance with the performance standards contained in § 163.14 and has satisfied the applicable training requirement.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.13 Applicability Of Deemed Approved Alcoholic Beverage Sales Regulations

The deemed approved alcoholic beverage sales regulations shall apply to all permitted or conditionally permitted off-sale alcoholic beverage sales activities and legal nonconforming alcoholic beverage sales activities for off-site consumption existing and operating within the city on the effective date of this chapter.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.14 Deemed Approved Performance Standards For Off-Sale Alcohol Establishments

The following performance standards are established to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all deemed approved alcoholic beverage sales activities that hold deemed approved status pursuant to this chapter. An off-sale alcoholic beverage sales activity shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:

1. The off-sale alcohol establishment shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

2. The off-sale alcohol establishment shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

3. The off-sale alcohol establishment shall not allow repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct.

4. The off-sale alcohol establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, Cal. Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.

5. The off-sale alcohol establishment's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

6. The owners and all employees of the alcohol beverage sales establishment involved in the sale of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) within 60 days of hire for employees hired after the passage of this chapter or within 6 months of the passage of this chapter for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the state of California.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.15 Notification To Owners Of Off-Sale Establishments Conducting Deemed Approved Activities

The city's Police Department shall, within 30 days of the effective date of this chapter, notify the owner and/or operator of all deemed approved off-sale alcohol establishments. The notice shall be sent by first-class mail and certified mail return receipt requested and shall include a copy of the performance standards in this chapter. The performance standards shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 Amended by Ord. 18-07 on 7/9/2018

163.16 Grounds For Deemed Approved Status Suspension, Revocation Or Termination

1. An alcoholic beverage sales establishment's deemed approved status may be suspended for up to 1 year, modified or revoked by the Chief of Police within 10 days after notice thereof, for failure to comply with operational standards, training requirements or conditions of approval imposed through their use permit. The permittee shall have the right to an appeal pursuant to Chapter 162 of this code.

2. The occurrence of any of the following shall terminate the deemed approved status of the alcoholic beverage sales activity after notice and a hearing in front of the Council in accordance with Chapter 162 of this code, and require the issuance of a use permit in order to continue the alcoholic beverage sales activity:

   1. An existing alcoholic beverage sales activity changes its activity so that ABC requires a different type of license; or

   2. There is a substantial modification to the mode or character of operation.

   3. As used herein, the phrase "substantial modification to the mode or character of operation" includes but is not be limited to the following:

      1. The off-sale alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage;

      2. The off-sale alcoholic beverage sales activity establishment extends the hours of operation;

   4. The off-sale alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period of 180 days or greater by ABC; and

   5. The off-sale alcoholic beverage sales activity voluntarily discontinues active operation for more than 180 consecutive days or ceases to be licensed by the ABC.

3. A "substantial change in the mode of character of operation" shall not include:

   1. Re-establishment, restoration or repair of an existing off-sale alcoholic beverage sales activity on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the re-establishment, restoration or repair does not extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-site consumption; or

have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the re-establishment, restoration or repair does not extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-site consumption; or

2. Temporary closure for not more than 180 days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-site consumption, provided notice is provided to the city. The CDD Planning Commission may, upon request of an owner of an alcoholic beverage sales establishment made prior to the expiration of 180 days, grant 1 or more extensions to the period of temporary closure, none of which may exceed 60 days, and together not to exceed 180 days.

3. Once it is determined by the city that there has been a discontinuance of active operation for 180 consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a use permit as provided in § 163.05 of this code. In the event that any active operation is discontinued on a property for a period of 180 consecutive days, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of 180 consecutive days or more, the Chief of Police, or his or her designee shall notify the property owner in writing of the determination of presumed abandonment of the active operation. Pursuant to Chapter 162 of this title, the property owner may appeal the determination to the Chief of Police, which may overturn the determination only upon making a finding that the evidence supports the property owner's position that the nonconforming use was not discontinued for a period of 180 consecutive days or more. The property owner shall be notified by the city of the termination of the deemed approved status and shall be informed of the property owner's right to appeal the decision.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 Amended by Ord. 18-07 on 7/9/2018

163.17 Investigative Procedures Of Potential Violation Of Performance Standards By Establishment With Deemed Approved Status

Upon the city's receipt of a complaint from the public, Police Department, city official or any other interested person that a deemed approved use is in violation of the performance standards set forth in this chapter, the following procedure shall be followed:

1. An enforcement officer shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the activity's compliance with performance standards.

2. If the enforcement officer determines that the deemed approved activity is in violation of the performance standards, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the city's administrative citation procedures contained in §§ 10.80 through 10.99 of this code. The first notice of violation shall be given in accordance with § 10.83 of this code. If, however, the enforcement officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the Chief of Police, who may suspend, modify, or revoke deemed approved activity's deemed approved status.

3. Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of §§ 10.80 through 10.99 of this code, unless otherwise expressly provided by this chapter. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to §§ 10.80 through 10.99, the hearing officer may, in addition to exercising all powers designated in §§ 10.80 through 10.99, make a recommendation to the Chief of Police to suspend, modify or revoke the deemed approved activity's deemed approved status if in the judgement of the hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this chapter. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including but not limited to, the operational standards listed in § 163.07 and the performance standards listed in § 163.14 of this code.

4. If the enforcement officer refers the matter directly to the Chief of Police, the Chief of Police may determine whether the deemed approved activity is in compliance with the performance standards. Based on this determination, the Chief of Police may suspend, modify or revoke the deemed approved activity's deemed approved status or impose additional or amended conditions on the use, including but not limited to the operational standards listed in § 163.07 of this code, based on information then before it. In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of suspending, modifying or revoking a deemed approved activity's deemed approved status, or imposing additional or amended conditions on the use, the Chief of Police may consider:

   1. The length of time the deemed approved activity has been out of compliance with the performance standards;

   2. The impact of the violation of the performance standard(s) on the community; and

   3. Any information regarding the owner of the deemed approved activity's efforts to remedy the violation of the performance standard(s).

5. "Efforts to Remedy" shall include, but are not limited to:

6. Timely calls to the Police Department that are placed by the owner and/or operator of the deemed approved activity, his or her employees, or agents;

   2. Requesting that those persons engaging in activities causing violations of the performance standard(s) cease those activities, unless the owner of the deemed approved activity, or his or her employees or agents feels that their personal safety would be threatened in making that request; and

   3. Making improvements to the deemed approved activity's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks and graffiti abated within 3 days.

7. If in the judgment of the Chief of Police, the operations of the owner or operator of the deemed approved activity constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the

Chief of Police may suspend, modify or revoke the activity's deemed approved status. If suspended, any continued operation of the business shall require a use permit approved by the Planning Commission. All determinations, decisions, and conditions made or imposed regarding the use of a deemed approved activity shall run with the land.

7. The decision of the Planning Commission shall be final and conclusive, unless appealed in accordance with the provisions of Chapter 162 of this title.

8. All hearings held pursuant to this section shall be conducted in the manner set forth in Chapter 162 of this code.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018 Amended by Ord. 18-07 on 7/9/2018 163.18 Appeal From Suspension, Modification, Or Revocation Of Deemed Approved Status

Any applicant or other person aggrieved by a decision of the Planning Commission from a suspension, modification or revocation of an establishment's deemed approved status pursuant to this chapter may appeal the decision to the City Council pursuant to § 162.06 of this code. All hearings held pursuant to this section shall be conducted in the manner set forth in Chapter 162 of this code.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

163.19 Alcoholic Beverage Sales Activity Penalties

1. Any person violating any of the provisions of this chapter or who causes or permits another person to violate any provision of this chapter may be charged with either an infraction or a misdemeanor, and shall be subject to the provisions of the penalty clause as set forth in § 10.99 of this code.

2. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the city.

3. Nothing in this chapter shall be construed to prevent the city from pursuing any and all other legal remedies that may be available, including but not limited to civil actions filed by the city attorney seeking any and all appropriate relief such as civil injunctions and penalties.

4. Notwithstanding § 10.99 Penalty, §§ 95.25 through 95.99 Nuisance Abatement, §§ 10.80 through 10.99 Administrative Enforcement, or any other section of this code to the contrary, any person, entity, or organization that violates the provisions of this chapter may be subject to civil penalties up to $1,000 for each day said violation is in existence.

5. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.

6. In addition to the punishment provided by law a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement and prosecution of the violation. Re-inspection fees to ascertain compliance with previously noticed or cited violations may be charged against the owner of the establishment conducting the deemed approved activity or owner of the property where the establishment is located. The enforcement officer shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be placed as a lien against the property.

HISTORY

Adopted by Ord. 18-01 on 1/22/2018

164 ELECTRIC VEHICLE CHARGING STATION

164.01 Definitions 164.02 Purpose 164.03 Applicability

164.04 Electric Vehicle Charging Station Requirements

164.05 Application Requirements

164.06 Permit Review Compliance 164.07 Fees

164.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

DIRECTOR . The Public Works Director or her or his designee.

ELECTRIC VEHICLE CHARGING STATION(S) or CHARGING STATION(S) . Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the Cal. Electrical Code, as it reads on the effective date of this chapter or as it may be amended and/or renumbered thereafter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

ELECTRONIC SUBMITTAL . The utilization of 1 or more of the following:

1. Email;

2. The internet; and/or

3. Facsimile.

SPECIFIC, ADVERSE IMPACT . A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. 17-12, passed 9-25-2017)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

164.02 Purpose

The purpose of this chapter is to adopt an ordinance in compliance with AB 1236 (Chapter 598, Statutes 2015, Cal. Gov't Code § 65850.7) while protecting public health and safety.

(Ord. 17-12, passed 9-25-2017)

164.03 Applicability

1. This chapter applies to the permitting of all electric vehicle charging stations in the city.

2. All electric vehicle charging stations shall require a permit issued in accordance with this chapter. It shall be unlawful for any person to install, operate, or maintain an electric vehicle charging station without such a permit.

3. Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, capacity, or components of a charging station. Routine operation and maintenance or like-kind replacements shall not require a permit.

• (Ord. 17-12, passed 9-25-2017)

164.04 Electric Vehicle Charging Station Requirements

1. All electric vehicle charging stations shall meet applicable federal, state, and city health and safety standards and requirements.

2. All electric vehicle charging stations shall meet all applicable safety and performance standards established by the Cal. Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

• (Ord. 17-12, passed 9-25-2017)

164.05 Application Requirements

1. The Director shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review.

2. Every application to the Director for the installation, alteration and replacement of an electric vehicle charging station shall be in the form provided by the Director, in writing, and contain the information set forth in the checklist and such other information as the Director may reasonably require to carry out the purpose of this chapter. The permit application, checklist, and required permitting documentation shall be available on the city's website.

3. The applicant may submit the permit application and associated documentation by personal, mailed, or electronic submittal. The Director shall adopt requirements for the submittal of the permit application, associated application documentation, and fees. Personal, mailed, or electronic submittal of the permit application, associated application documentation, and fees shall conform to the requirements adopted by the Director. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. In connection with each permit application, an applicant shall:

mailed, or electronic submittal of the permit application, associated application documentation, and fees shall conform to the requirements adopted by the Director. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. In connection with each permit application, an applicant shall:

1. Verify to the Director's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the electric vehicle charging station is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the ground; and

2. At the applicant's cost, verify to the Director's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new electrical loads.

3. If the Director determines an application for an electric vehicle charging station satisfies the requirements of this chapter, the Director will deem the application complete. If the Director receives an incomplete application, the Director will issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. After the Director determines an application for an electric vehicle charging station is complete, the application will be processed in accordance with this chapter.

4. An application for an electric vehicle charging station that is not accompanied by the applicable fees shall be considered incomplete.

(Ord. 17-12, passed 9-25-2017)

164.06 Permit Review Compliance

1. The Director shall adopt an administrative, nondiscretionary review process to expedite approval of permit applications for electric vehicle charging stations.

2. Where an application meets local, state, and federal health and safety requirements, the requirements of the checklist, and there are no specific, adverse impacts upon public health or safety - the Building Official shall complete the nondiscretionary permit approval process.

3. The Building Official may require an applicant to apply for an electric vehicle charging station use permit if the Building Official finds, based on the initial application submittal, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety. The Building Official's decision may be appealed to the Planning Commission in accordance with Chapter 162.

lding Official may require an applicant to apply for an electric vehicle charging station use permit if the Building Official finds, based on the initial application submittal, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety. The Building Official's decision may be appealed to the Planning Commission in accordance with Chapter 162.

4. If an electric vehicle charging station use permit is required, the Building Official may only deny an application for the electric vehicle charging station use permit if the Building Official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. The findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The Building Official's decision may be appealed to the Planning Commission in accordance with Chapter 162.

5. If the Building Official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact

includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.

• (Ord. 17-12, passed 9-25-2017)

164.07 Fees

The City Council shall establish by resolution the fees charged for applications and permits under this chapter.

(Ord. 17-12, passed 9-25-2017)