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.

   2. 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);

4. 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;

   14. 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.

4. 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.

5. 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.

2. 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;

   2. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

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.

3. 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 .

      1. 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.

   6. 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.

   7. 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.

   8. 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.

   9. 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.

4. 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.

5. 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.

   2. 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.

7. 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.

8. 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.

9. 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.

10. 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.

   2. 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.

7. 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.

8. 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.

9. 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.

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:

2. 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.

3. 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.

4. 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.

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:

   1. 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

D 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.

   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.

2. 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.

   10. 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.

       2. 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.

   11. Signage . There shall be no exterior advertising of alcoholic products, or tobacco and paraphernalia or similarly controlled products.

   12. 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."

   9. 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.

   10. 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.

   11. 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.

   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.

4. 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:

      1. 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)