Chapter 17.76 — GENERAL REGULATIONS

All regulations in this title pertaining to districts hereof are subject to the general provisions, conditions and exceptions contained in this chapter.

(Code 1985, § 17.76.010; Ord. No. 424, exh. A(ch. 22.44(A)(part)), 1984)

17.76.020. - Unique and special land uses.

Any land use possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title shall be subject to the issuance of a use permit by the planning commission which shall consider factors to determine that the characteristics of the use will not be unreasonably incompatible with uses permitted in surrounding areas which might cause damage or nuisance from noise, smoke, odor, dust or vibration; cause hazard from explosion, contamination or fire; and cause hazard occasioned by unusual volume or character of traffic or congregation of a large number of people or vehicles.

(Code 1985, § 17.76.020; Ord. No. 424, exh. A(ch. 22.44(A)(1)), 1984)

There shall be vehicular access from a street or alley to off-street parking facilities on the property requiring off-street parking.

(Code 1985, § 17.76.030; Ord. No. 424, exh. A(ch. 22.44(A)(2)), 1984)

On corner lots in R-1 and R-2 districts, a side yard abutting the side street shall be five feet.

(Code 1985, § 17.76.040; Ord. No. 424, exh. A(ch. 22.44(A)(3)), 1984)

A six-foot high solid fence or masonry wall which is to be well maintained shall be erected in the C district to enclose motor vehicles stored for repairs to damage.

(Code 1985, § 17.76.050; Ord. No. 424, exh. A(ch. 22.44(A)(4)), 1984)

A.

All the provisions for off-street parking shall apply at the time of erection of any main building and shall be complied with when an existing building is altered or enlarged by the addition of dwelling units or guestrooms, or where a commercial use is intensified by the addition of floor space, seating capacity or seats for at least that portion of the facilities that are added.

B.

Where automobile parking space, provided and maintained on a lot in connection with a main building or structure at the time the ordinance from which this chapter is derived becomes effective, is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, the building or structure may be altered or enlarged or such use may be extended provided additional automobile parking spaces are provided to meet the standards for the use in conformity with the requirements set forth in this chapter for the enlargement, extension or addition proposed.

C.

Where calculation of the number of spaces required results in a fractional number, the next higher whole number shall be used.

D.

No motor vehicle shall be stored or parked in a residential or commercial zone other than in an entirely enclosed space, unless the vehicle is capable of movement under its own power.

(Code 1985, § 17.76.060; Ord. No. 424, exh. A(ch. 22.44(B)), 1984)

The following specifications for parking area improvements shall apply in all districts, whether now existing or concurrently or hereafter created, except the single-family residential district, or R-1 district, plans for the development of which shall be submitted to the planning department for prior review and approval in accordance with sound parking practice, and such other rules and regulations as may from time to time be established for the city planning department's guidance by resolution of the city council:

A.

Not less than two percent of the interior of a parking lot must contain appropriate landscaping. Such landscaping shall be continuously maintained.

B.

Lighting, when provided to illuminate such parking or display areas, shall be so arranged so as not to cause a nuisance either to highway traffic or to the living environment.

C.

All areas shall be surfaced or paved with asphaltic concrete or concrete surfacing. The thickness of the surfacing and base material, if required, shall be determined by the director of public works, and shall be maintained in good condition.

D.

Where a nonresidential use adjoins a multiple-residential use, or a multiple-residential use adjoins a singlefamily residential use, they shall be separated by a solid masonry wall five feet in height; provided the wall shall not exceed three feet in height where it is in the front yard area of an abutting residential use. Where no fence or wall is required along a boundary of an area covered by this section, there shall be a concrete curb not less than six inches in height securely installed and maintained as a safeguard to abutting property or public right-of-way. The barrier shall be not less than two feet from any property line, or not less than seven feet from any property line if a walkway is provided, on the subject property.

E.

Where a nonresidential use adjoins a multiple-residential use, or a multiple-residential use adjoins a singlefamily residential use, there shall be a border of appropriate landscaping not less than six feet in depth along the residential property. The landscaping shall be of such a variety that it will not grow over three feet

high or shall be maintained at a height of not over three feet. Such landscaping shall be maintained. This landscaping shall not be considered as any part of the two percent interior landscaping.

F.

The location, number and width of all access points shall be as approved by the city planning department. In no case shall the width be less than 12 feet for a one-way access or less than 24 feet for a two-way access. In no case shall the nearest edge of the access point be closer than 12 feet to the end of the curb return at a street intersection.

G.

Concrete curbs shall be placed the entire width of the parking area which fronts on a public street, alley or other public way to delineate the access points.

H.

The parking area shall be graded so that it is four to six inches above the street, alley or other public way gutter. The parking area shall be graded in such a manner that any drainage will drain towards the street, alley or other public way, and will drain through the access point or points. A grading plan showing elevations every ten feet shall be filed with the city planning department for prior approval. Other satisfactory means of removing any drainage may be approved by the city planning department upon submission of drainage plans.

(Code 1985, § 17.76.070; Ord. No. 424, exh. A(ch. 22.44(C)), 1984)

Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the following areas:

A.

That area lying between Main Street as the easterly perimeter, and Warren Street as the westerly perimeter, and Lagoon Street as the southerly perimeter, and Academy Street as the northerly perimeter;

B.

That area lying between Main Street, as the westerly perimeter, extending easterly therefrom for a depth of one parcel as the same are shown and reflected on the county assessor's map as of the effective date of the ordinance codified in this title, regardless of ownership, from Clarke Street on the south to May Street on the north.

The above-described parking exemptions shall not apply to activities such as churches, theaters, auditoriums, club houses, fraternity or sorority houses where principal use is not to provide overnight facilities, and similar places of assembly without first obtaining a conditional use permit.

(Code 1985, § 17.76.080; Ord. No. 486, § 1, 1999; Ord. No. 424, exh. A(ch. 22.44(D)), 1984)

17.76.090. - Satellite receiving antennas.

Satellite receiving antennas must meet the requirements set forth in chapter 15.16.

(Code 1985, § 17.76.090; Ord. No. 424, exh. A(ch. 22.44(E)), 1984)

Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.76.100; Ord. No. 406, § 23, 1981)

All exterior signs in all commercial districts shall require a permit to be issued by the planning department and city building inspector before commencing work. Such exterior signs shall conform to the standards set forth in chapter 17.85.

(Code 1985, § 17.76.110; Ord. No. 406, § 22, 1981; Ord. No. 420, § 1, 1984; Ord. No. 576, § 2, 4-25-2022) CHAPTER 17.78. - SMOKING AND VAPING USES

The city council finds that smoking and vaping uses have with the potential for resulting in increases in noise, loitering, odors, public nuisances, and disturbances of the peace. The city council also finds that smoking and vaping uses expose minors to secondhand byproducts and increase the potential for minors to associate smoking and vaping with a normative or healthy lifestyle. The purpose of this article is to mitigate the negative impacts associated with smoking and vaping uses in order to serve the public health, safety, and welfare of residents and businesses within the city.

(Code 1985, § 17.78.010; Ord. No. 550, 4-11-2016)

A.

Smoking lounges and smoking/vaping retailers are subject to the review and approval procedures applicable to uses permitted with the C-1, C-2, and C-H zones and the operational and development standards contained in this chapter.

B.

Establishment of a smoking/vaping retail business within 1,000 feet of a public or private primary or secondary educational school facility is strictly prohibited.

(Code 1985, § 17.78.020; Ord. No. 550, 4-11-2016)

The distance shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest property line of the lot of a smoking or vaping business establishment to the other specified property.

(Code 1985, § 17.78.030; Ord. No. 550, 4-11-2016)

17.78.040. - Smoking lounges; operational and development standards.

The following operational and development standards shall apply to all smoking lounges in the city:

A.

Exemption. The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Labor Code § 6404.5.

B.

Compliance. The establishment shall operate in compliance with all applicable federal, state, county, and local laws, rules, regulations, and ordinances relating to the protection of health, safety, and welfare.

C.

Minors prohibited. No persons under 18 years of age shall be permitted within any area of the business premises where smoking is allowed. Owners and operators of the establishment shall require identification to verify the age of customers.

D.

Employees. Employees shall be at least 18 years of age.

E.

Occupancy. The number of individuals inside the premises shall not exceed the lesser of:

1.

The occupancy limit established by the fire department and/or building official; or

2.

An occupancy limit established as a condition of the permit.

F.

Admission charges prohibited. No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.

G.

Security. Uniformed security guards shall be provided, as deemed necessary by the chief of police or the chief's designee.

H.

Alcoholic beverages prohibited. No alcoholic beverages shall be consumed on the business premises, unless expressly authorized by permit from the city. The business shall not knowingly allow any person in possession of an open container of alcohol, or, consuming, using or under the influence of, any alcoholic beverage to enter or remain upon the premises of the business.

I.

Illumination. The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.

J.

Ventilation required. Adequate ventilation shall be provided in accordance with all requirements imposed by the building official and fire department, or as otherwise required by state or federal laws. At a minimum, the ventilation system shall also ensure that smoke from the establishment is incapable of migrating into adjacent tenant buildings/suites or outdoors. Smoking lounges that include the indoor heating of coals shall install a mechanical exhaust hood system to provide required ventilation.

K.

Noise. Any amplified noise generated by the business shall be subject to the noise limitations specified in chapter 8.12 (noise control). In addition, the business shall not willfully make or continue, or cause to be made or continued, any excessive or unreasonable noise, which disturbs the peace or quiet of any property within the city or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.

(Code 1985, § 17.78.040; Ord. No. 550, 4-11-2016)

CHAPTER 17.79. - CANNABIS CULTIVATION AND CANNABIS-RELATED BUSINESSES

A.

The purpose and intent of this chapter are to require that cannabis be cultivated so as not to be visible to the general public, to provide for the health, safety and welfare of the public, to prevent negative impacts to property values, to prevent odor created by cannabis plants from impacting adjacent properties, to prevent crime associated with cannabis, and to ensure that cannabis cultivation remains secure and does not find its way to minors or illicit markets. Nothing in this chapter is intended to authorize the cultivation, possession, or use of cannabis in violation of state or federal law.

B.

It is also the purpose of this chapter to prohibit the location and operation of all commercial cannabis activity, both medical and non-medical, within the city except as expressly permitted.

C.

It is also the purpose of this chapter to fulfill the purposes and intents set forth in chapter 5.32. No person shall operate a cannabis business without first obtaining a city cannabis business permit and complying with all the requirements of chapter 5.32 and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a cannabis business.

D.

It is not the intent of this chapter to create conflict or inconsistency between this chapter and the federal or state constitutions, the federal controlled substances act, or state law.

(Code 1985, § 17.79.010; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.010), 6-14-2021)

As permitted by state law, persons 21 years of age or older may cultivate cannabis within the city, provided such persons comply with all state law requirements and the regulations contained in this section.

A.

Outdoor cultivation of cannabis.

1.

No cannabis cultivated outdoors, whether for medical or non-medical (recreational) use, within the city shall be visible from a public right-of-way.

2.

No cannabis shall be cultivated outdoors on a property that is within 600 feet of a public or private preschool or K-12 school, licensed day care center, or public park managed by the city. The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the cannabis is or is to be cultivated, without regard to any intervening structures.

B.

Indoor cultivation of cannabis. Cannabis cultivated indoors, within the city, shall be in conformance with the following standards:

1.

From a public right-of-way, there shall be no exterior evidence of cannabis cultivation.

2.

Cultivation of cannabis indoors shall be conducted in compliance with all applicable city and state building, health and safety codes.

(Code 1985, § 17.79.030; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.020), 6-14-2021)

Except as specifically authorized in this Code, no cannabis-related business is permitted to locate or operate within the city. Cannabis-related business includes medical cannabis businesses described in the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Business and Professions Code § 26000 et seq., as cultivators, manufacturers, testing businesses, retailers, distributors, and microbusinesses.

(Code 1985, § 17.79.040; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.030), 6-14-2021)

17.79.040. - Permit required to engage in commercial cannabis activity.

No person may engage in any commercial cannabis activity within the city unless the person:

A.

Has a valid commercial cannabis business permit from the city; and

B.

Is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis activity including the duty to obtain any required state licenses.

(Ord. No. 572, § 2(17.79.040), 6-14-2021)

17.79.050. - Maximum number of authorized commercial cannabis businesses permitted.

A.

This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city, subject to the issuance of a use permit. Nothing in this chapter creates a mandate that the city council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements or further amendments to the application process or that the city council upon further deliberation determines that the issuance of any or all commercial cannabis business permits will impact the public health, safety, welfare or other policy concerns which may be detrimental in the issuance of these permits. No temporary permits shall be granted for special events.

B.

The number of commercial cannabis business permits for storefront retailers shall be a maximum of two.

C.

The number of commercial cannabis business permits for non-storefront retailers (delivery) shall be a maximum of two.

(Ord. No. 572, § 2(17.79.050), 6-14-2021)

Subject to the issuance of a use permit under sections 17.80.030 through 17.80.050 and approval by the city council, the following commercial cannabis activities shall be conditionally permitted only as follows:

A.

Cannabis storefront retailers. In the following zoning designations: General Commercial and Retail (C-1), General Commercial (C-2), no closer than 600 feet from any portion of any parcel in the city limits containing a school, including pre-school, transitional kindergarten, and K-12 that is in existence at the time the initial cannabis business permit is issued.

B.

Cannabis non-storefront retailers. In the following zoning designations: General Commercial (C-2) and General Industrial (M-1), no closer than 600 feet from any portion of any parcel in the city limits containing a school, including pre-school, transitional kindergarten, and K-12 that is in existence at the time the initial cannabis business permit is issued.

(Ord. No. 572, § 2(17.79.060), 6-14-2021)

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the cannabis business is to be located, without regard to any intervening structures.

(Ord. No. 572, § 2(17.79.070), 6-14-2021)

Prior to commencing operations, a cannabis business must obtain a certification from the planning director certifying that the business is located on a site that meets all of the requirements of this chapter.

(Ord. No. 572, § 2(17.79.080), 6-14-2021)

Prior to obtaining the use permit required by section 17.79.040, all persons desiring to engage in commercial cannabis activity within the city shall be required to execute, in a form acceptable to the city, a development agreement for the property where the commercial cannabis activity is to occur. The development agreement shall include, among other things, terms that relate to:

A.

Development standards;

B.

Design and construction;

C.

Signage;

D.

Security plans;

E.

Community benefits;

F.

Annual review;

G.

Contractual payments;

H.

Default and remedies.

(Ord. No. 572, § 2(17.79.090), 6-14-2021)

17.79.100. - Enforcement.

A.

Any violation of this chapter is hereby declared to be a public nuisance.

B.

A violation of this chapter may be abated by the city attorney, or other counsel retained by the city, by the prosecution of a civil action for injunctive relief and/or by the abatement procedure set forth in city or state law.

C.

The police chief, or the chief's designee (hereafter the "enforcement official"), is hereby authorized to order the abatement of any violation of this chapter by following the abatement procedure as defined in chapter 8.04.

D.

The remedies provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, and none of these remedies prevents the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance.

E.

A violation of this chapter may be charged as a criminal violation, if allowed by state law.

(Code 1985, § 17.79.060; Ord. No. 553, § 2, 7-24-2017; Ord. No. 572, § 2(17.79.100), 6-14-2021) CHAPTER 17.80. - LEGAL REQUIREMENTS

Any building or structure existing at the date of the final adoption of the original ordinance codified in this title which is nonconforming either in use, design or arrangement, shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located. Notwithstanding the foregoing, where an existing, otherwise legal, nonconforming structure which is solely utilized for residential purposes and is substantially damaged or destroyed solely by a natural disaster or unintentional destruction such as an unintentional fire (including, but not limited to, fire, flood, storm or earthquake), such structure may be repaired or reconstructed. A reconstructed structure shall have the same total floor area, footprint and height as the destroyed nonconforming structure. All other (nonresidential) nonconforming buildings or structures may be maintained, repaired or portion thereof replaced.

(Code 1985, § 17.80.010; Ord. No. 424, exh. A(ch. 22.48(A)), 1984; Ord. No. 506, § 1(part), 2003)

If any nonconforming use is discontinued or abandoned for a six-month period, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. A nonconforming use of a building may be changed to another use of the same or more restrictive classification upon the securing of a use permit.

(Code 1985, § 17.80.020; Ord. No. 424, exh. A(ch. 22.48(B)), 1984)

A land use permit shall be required for all buildings and structures hereinafter erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this title. No building permit shall be issued until the land use permit portion thereof has been completed by the planning director and any required use permit or variance has been issued.

(Code 1985, § 17.80.030; Ord. No. 424, exh. A(ch. 22.48(C)), 1984; Ord. No. 572, § 3(17.80.030), 6-142021)

Application for a use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the city. The application shall be accompanied by a fee, set by the city council, and a plot plan showing the details of the proposed use to be made of the land or building. After examination of the use permit application, the planning director may issue the permit if the director finds the application meets the strict application, conditions and

requirements of the land use ordinance; otherwise, it will be presented to the planning commission at its next regular meeting or to the city council in the event a quorum of the planning commission is not available.

(Code 1985, § 17.80.040; Ord. No. 424, exh. A(ch. 22.48(D)), 1984; Ord. No. 572, § 3(17.80.040), 6-142021)

Upon receipt of the application for a use permit, the planning director shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or such proposed use, or whether it will be injurious or detrimental to property, and improvements in the neighborhood or the general welfare of the city. If the planning director finds that the aforementioned conditions will not result from the particular use applied for, the director may grant the use permit.

(Code 1985, § 17.80.050; Ord. No. 424, exh. A(ch. 22.48(E)), 1984; Ord. No. 572, § 3(17.80.050), 6-14-2021)

Applications for variances from the strict applications of the terms of this title may be made in writing as set forth for a use permit, accompanied by a fee set by the city council. A variance may be granted by the planning commission when the following circumstances are found to apply:

A.

That any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;

B.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the land use ordinance is found to deprive subject property of privileges enjoyed by either of the properties in the vicinity and under identical district classification.

(Code 1985, § 17.80.060; Ord. No. 424, exh. A(ch. 22.48(F)), 1984)

A public hearing shall be held upon all variance applications. Notice thereof shall be given as provided by law.

(Code 1985, § 17.80.070; Ord. No. 424, exh. A(ch. 22.48(G)), 1984)

Variances shall not be issued until five days have elapsed from the granting hereof, and in case an appeal is filed from the planning commission, a decision thereon shall not be issued until decision shall be made by the city council on such appeal.

(Code 1985, § 17.80.080; Ord. No. 424, exh. A(ch. 22.48(H)), 1984)

If any ambiguity arises concerning the interpretation of this title of the zone boundaries as set forth herein, the planning commission shall ascertain all pertinent facts and by resolution set forth its findings and interpretations and thereafter such interpretations shall govern, except if the city council directs the planning commission to adopt a different interpretation.

(Code 1985, § 17.80.090; Ord. No. 424, exh. A(ch. 22.48(I)), 1984)

If there exists any ambiguity or dispute between this chapter and the building regulation of the city, the most restrictive shall apply.

(Code 1985, § 17.80.100; Ord. No. 424, exh. A(ch. 22.48(J)), 1984)

A.

In case the applicant or any other person is not satisfied with the action on any use permit or variance application, such person may, within five days, appeal in writing to the city council.

B.

Upon receipt of such appeal, the city council shall set the matter for public hearing, notice thereof to be given as provided by law. Notice shall also be given to the planning commission which shall submit a report to the city council setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

C.

The city council shall render its decision not more than 45 days after the close of the hearing.

(Code 1985, § 17.80.110; Ord. No. 424, exh. A(ch. 22.48(K)), 1984)

A.

A use permit or variance shall terminate, all rights granted thereunder shall lapse, the same shall become null and void and the property affected thereby shall be subject to all of the laws, ordinances, regulations and legal requirements in effect on the date of such termination when there is a failure to exercise the rights granted in the use permit or variance within one year of the later of the following:

1.

The date of the initial approval of the use permit or variance; or

2.

The date of the approval of the last extension of such use permit or variance.

B.

Notwithstanding the foregoing, all use permits and variances shall terminate upon the failure to exercise rights granted thereunder no later than two years from the date of initial approval of the use permit or variance.

C.

The planning commission, after due application, notice and hearing, may grant one or more extensions of the effective period of any use permit or variance to any date on or before two years from the date of the initial approval thereof, but shall not have the power to extend such period beyond two years from the date of such initial approval.

D.

All applications for extensions of use permits and variances shall be in writing and filed with the city administrator not less than 45 days before the date such use permit or variance shall otherwise expire. If such application is filed later than such date, the planning commission shall not have the power to grant an extension thereof.

E.

Nothing herein shall prohibit the approval of a new use permit or variance at any time, after due application, notice and hearing.

(Code 1985, § 17.80.120; Ord. No. 424, exh. A(ch. 22.48(L)), 1984; Ord. No. 436, § l, 1985)

Any use permit or variance granted in accordance with the terms of this title may be revoked by the city council in the manner set forth in this chapter, if any of the conditions or terms of such permits are violated.

(Code 1985, § 17.80.130; Ord. No. 424, exh. A(ch. 22.48(M)), 1984)

Before the council considers revocation of any permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter, the commission shall transmit a report of its findings and its recommendations on the revocation to the city council.

(Code 1985, § 17.80.140; Ord. No. 424, exh. A(ch. 22.48(N)), 1984)

The boundaries of the districts designated and established by section 17.04.040 are shown on that certain map entitled "Land Use Map of the City of Bishop," incorporated in this chapter and made a part of this chapter by reference as if herein fully set forth, which map is on file in the office of the city administrator

and to which reference is made for full particulars as to the location of the areas shown within such districts. The districts shown are declared to be subject to the regulations pertaining to such designated districts as such regulations are set forth in this chapter. No person shall use any land, building or structure, nor shall any building or structure be erected constructed, enlarged, altered, moved or used in any district shown on such land use map, except in accordance with the regulations established by this chapter.

(Code 1985, § 17.80.150; Ord. No. 424, exh. A(ch. 22.48(O)), 1984)

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the land use map of the city, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive.

(Code 1985, § 17.80.160; Ord. No. 424, exh. A(ch. 22.48(P)), 1984)

Changes in the boundaries of districts shall be made by ordinance, the ordinance describing the area to be changed either by lot and block number, or by metes and bounds; provided, however, that when a new district is added or deleted from the ordinance, such change may be accomplished by the filing in the office of the city administrator the map, showing such district and boundaries and the location of the area within the new districts, to which reference may be made for the description of the area to be changed. After the adoption of such ordinance, the city clerk shall mark the land use map to show the number and the date of the adoption of the ordinance making such change. One year after the adoption of the ordinance codified in this title, and annually thereafter, the city administrator shall cause a revised land use map to be published in a newspaper of general circulation in the city; the map shall show the changes made in district boundaries affected by amending ordinances as herein provided for the year preceding the publication. No publication shall be required if there have been no such changes during the preceding year.

(Code 1985, § 17.80.170; Ord. No. 424, exh. A(ch. 22.48(Q)), 1984)

CHAPTER 17.82. - REASONABLE ACCOMMODATIONS

It is the policy of the jurisdiction, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, Government Code § 12900 et seq. (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

(Code 1985, § 17.82.010; Ord. No. 543, § 1, 3-26-2013)

The city council of the jurisdiction finds that the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

A.

The housing element of the jurisdiction must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities, including local land use and zoning constraints or providing reasonable accommodation;

B.

The state attorney general has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;

C.

A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the jurisdiction's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

(Code 1985, § 17.82.020; Ord. No. 543, § 1, 3-26-2013)

17.82.030. - Applicability.

A.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

B.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

C.

A request for reasonable accommodation may be made by any individual with a disability, the individual's representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

(Code 1985, § 17.82.030; Ord. No. 543, § 1, 3-26-2013)

17.82.040. - Notice to the public of availability of accommodation process.

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning and public works departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning and building and safety departments.

(Code 1985, § 17.82.040; Ord. No. 543, § 1, 3-26-2013)

A.

In order to make housing available to an individual with a disability, any eligible person as defined in section 17.82.030 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

B.

Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name and address of the individuals requesting reasonable accommodation;

2.

Name and address of the property owners;

3.

Address of the property for which accommodation is requested;

4.

Description of the requested accommodation and the regulations, policy or procedure for which accommodation is sought; and

5.

Reason that the requested accommodation may be necessary for the individuals with the disability to use and enjoy the dwelling.

C.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

(Code 1985, § 17.82.050; Ord. No. 543, § 1, 3-26-2013)

17.82.060. - Reviewing authority.

A.

Requests for reasonable accommodation shall be reviewed by the "reviewing authority," using the criteria set forth in section 17.82.070.

B.

The reviewing authority shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in section 17.82.070.

C.

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30day period to issue a decision is stayed until the applicant responds to the request.

D.

For purposes of this chapter, the term "reviewing authority" means the director of public works, or the director's designee.

(Code 1985, § 17.82.060; Ord. No. 543, § 1, 3-26-2013)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

B.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

C.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

D.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

(Code 1985, § 17.82.070; Ord. No. 543, § 1, 3-26-2013)

17.82.080. - Written decision on the request for reasonable accommodation.

A.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in section 17.82.070. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

B.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the jurisdiction's planning commission.

C.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the 30-day time period allotted by section 17.82.060, the request shall be deemed granted.

D.

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

(Code 1985, § 17.82.080; Ord. No. 543, § 1, 3-26-2013)

A.

Within 30 days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Code 1985, § 17.82.090; Ord. No. 543, § 1, 3-26-2013)

CHAPTER 17.84. - CONDOMINIUMS ARTICLE I. - CONDOMINIUM CONVERSIONS

A.

These condominium regulations are intended to provide criteria and guidelines for condominium conversions as defined in this article. The standards include density, parking, open space, light and air, pedestrian and vehicular traffic circulation and are intended to create condominium projects that are well designed, aesthetically pleasing, compatible with the surrounding community, of a pleasing and desirable character, to harmonize with adjacent residential use, and so as to maintain a reasonable balance in the supply of rental and ownership dwelling units.

B.

Although this is an amendment to the subdivision ordinance, it shall be deemed, where applicable, an amendment to the zoning and building codes. The city has found that these regulations are consistent with, and necessary, to carry out the goals and objectives of the general plan.

(Prior Code, § 17B-1; Code 1985, § 17.84.010)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.

A.

Community apartment project means joint ownership of the land by the various owners with an exclusive right to occupy a given dwelling unit.

B.

Condominium means joint ownership of the land by the purchasers with ownership of a defined area of air space where the dwelling unit is located as more fully defined in the Civil Code § 1 et seq.

C.

Condominium conversion means a process or effect of transferring ownership of a building from residential units to a condominium in accordance with appropriate law. The term "condominium conversion," as used in the chapter, means the conversion of existing units to condominiums, community apartment projects, or stock cooperatives. (Condominiums and community apartment projects are required to comply with the Subdivision Map Act, Government Code § 66410 et seq., while stock cooperatives are not, unless made so by the state department of real estate.)

D.

Stock cooperative means ownership of the land and buildings by a corporation. Tenants own shares of stock and thus are entitled to an exclusive right to occupy a dwelling unit, or they lease a dwelling.

(Prior Code, § 17B-2; Code 1985, § 17.84.020)

Conversion of existing residential units to condominiums, stock cooperatives, or community apartment projects shall be subject to the following:

A.

The approval of a conditional use permit, pursuant to the land use ordinance, shall be required.

B.

Residential condominium conversions shall be permitted only in zones R-2, R-2000 and R-3.

C.

An application for a tentative and final tract map shall be submitted for approval in accordance with established requirements. A site plan and floor and elevation plans also shall be submitted for review and approval.

D.

Covenants, conditions and restrictions (CC&Rs), incorporating the conditional use permit as nonamendable, shall be submitted to the planning department for city attorney review and approval by the planning commission/city council prior to submittal of the final tract.

E.

The developer shall submit a property report describing the age and condition of each of the following elements of each structure situated within the project proposed for conversion: foundations, exterior walls, firewalls, roof, stairways and exits, interior insulation (sound and thermal), exterior insulation (sound and thermal), light and ventilation, plumbing, electrical, heating and air conditioning, fire and earthquake safety

provisions, security provisions, interior common or public areas, landscaping and trash control. Such report shall be prepared by a licensed civil engineer or an architect registered in the state and shall provide methods and costs for the correction or improvement of any deficiencies noted.

F.

The developer shall submit a structural pest report. Such report shall be prepared by a licensed structural pest control operator pursuant to Business and Professions Code § 8516, relating to written reports on the absence or presence of wood-destroying pest organisms, and shall provide methods and costs for corrective work for both accessible and inaccessible areas.

G.

Approval of a certificate of occupancy shall be required for any such conversion. Upon receipt of an application for a certificate of occupancy, the building official shall cause an inspection to be made of all buildings and structures in the proposed condominium, community apartment project or stock cooperative. The building official shall prepare an inspection report, identifying all items not in conformance with the applicable city building, electrical, wiring, mechanical and plumbing codes, and any additional equipment and facilities the building official determines to be deteriorated or hazardous. The developer shall repair, replace or add any equipment or facilities determined to be in violation of applicable codes.

H.

The developer shall provide a schedule of proposed improvements which shall be made to the project prior to their sale.

I.

All tenants then occupying the proposed conversion site shall be notified on the public hearing before the planning commission and city council. A list of tenants shall be supplied by the applicant. If permit for conversion is approved, the developer shall provide each tenant a preemptive right in writing (copy to city) to purchase a unit of exclusive occupancy on the same terms as offered for sale to anyone else. Such right shall be irrevocable for a period of 90 days after the commencement of sales or the issuance of the final public report by the real estate commissioner. It is recognized that tenants who purchase may be temporarily displaced during construction.

J.

In addition to the above requirements, no application for a condominium conversion project shall be accepted for any purpose unless the application includes the following:

1.

A development plan of the project, including:

a.

The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;

b.

The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts, and open storage area;

c.

The location, height and type of materials for walls, fences and trash enclosures;

d.

The location of all landscaped areas, the type of landscaping;

e.

The location and size of the parking facilities to be used in conjunction with each condominium unit;

f.

The location, type and size of all drainage pipes and structures depicted or described to the nearest public drain or watercourse;

g.

The location and type of the nearest fire hydrants;

h.

The location, type and size of all on-site and adjacent street overhead utility lines;

i.

A lighting plan of the project;

j.

Existing and proposed exterior elevations;

k.

The location of and provisions for any unique natural and/or vegetative site features;

l.

Fuel wood storage when a wood stove or fireplace is provided.

2.

Copy to buyers. The original owner shall provide each purchaser with a copy of all reports (in their final, acceptable form) along with the department of real estate white report, prior to the purchaser completing an escrow agreement or other contract to purchase a unit in the project, and the developer shall give the

purchaser sufficient time to review the reports. Copies of the reports shall be made available at all times at the sales office and shall be posted as approved by the city.

(Prior Code, § 17B-3; Code 1985, § 17.84.030; Ord. No. 516, § 1, 2005)

A.

All such conversions shall be subject to the provisions set out in this section, unless excused as a part of the conditional use permit, and the burden shall be on the applicant to show the need for such excuse by applying the same standards as for a variance under this title.

B.

Residential condominium conversions shall be permitted only in zones R-2, R-2000 and R-3.

C.

The minimum lot area for each condominium unit, regardless of the number of bedrooms, shall be 2,500 square feet for R-2, 1,250 square feet for R-3 and 2,000 square feet for R-2000 zones.

D.

Each dwelling unit shall have a minimum floor area as follows:

One-bedroom unit: 750 square feet.

Two-bedroom unit: 900 square feet.

Three-bedroom unit: 1,100 square feet.

For each additional bedroom: 120 square feet.

E.

Common open space area shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to, game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots and shall be required as follows:

F.

Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

G.

Each condominium unit shall be provided with:

1.

Current parking ordinance;

2.

Tandem parking is prohibited;

3.

One R.V. parking space for each five dwelling units;

4.

No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time. The CC&Rs shall contain such restriction.

H.

A single area having a minimum of 150 cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. The storage may be located within the garage, provided it does not interfere with automobile parking.

I.

Adequate trash and garbage collection and pick-up areas shall be provided for use within 150 feet of each unit in a location or locations accessible to a public street or alley and enclosed on three sides by a fivefoot-high masonry, brick or concrete wall which shall be enclosed with solid gates of the same height. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

J.

Plumbing (gas and water) shut-off valves. Separate fullway shut-off valves shall be provided to each dwelling unit.

K.

Each utility that is controlled by and consumed within the dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Each unit shall have access to its own meters and heaters which shall not require entry through another unit. Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit.

L.

Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria as required for new buildings.

M.

All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock-mounted as determined by the building officials.

N.

Attic separations shall be installed separating each individual unit with the same sound insulation and security as required for party walls.

O.

Such other requirements as are determined as a result of public hearings to be necessary to accomplish the intent and purpose thereof.

P.

Effect of proposed conversions on the city's housing stock. The total number of condominium conversions in the city shall not exceed 35 percent of the total number of apartment units available in the city. For purposes of this section, the term "apartment" shall be defined as three or more dwelling units on a lot. In addition to the apartment to condominium ratio provided for herein, in reviewing requests for conversion of existing apartment buildings to condominiums, the city shall consider the following:

1.

Whether or not the amount and impact of displacement of tenants, if the conversion is approved, would be detrimental to the health, safety or general welfare of the community;

2.

The role that the apartment structure plays in the existing housing rental market;

3.

The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums;

4.

If the planning commission or the city council determined that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and use permit application may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding two years and the average monthly vacancy rate for the project over the preceding two years shall be considered.

Q.

All projects that have received or shall receive prior to the effective date of the ordinance codified in this chapter, an environmental impact report (EIR) approval and/or tentative map approval which has not expired shall be exempted from the requirements of this chapter; however, these exempted projects shall be required to meet the requirements in effect at the time of such approval.

R.

Such other requirements as are determined as a result of public hearings to be necessary to accomplish the intent and purpose hereof.

(Prior Code, § 17B-4; Code 1985, § 17.84.040; Ord. No. 474, § 1, 1994)