Chapter 19.60 — GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS

A. Purpose. This chapter ensures that new or modified uses and development produce a desirable environment which is compatible with existing development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan and any applicable specific plan.

B. Applicability of General Standards. The general standards of this chapter apply to more than one zoning district, including residential, commercial, and manufacturing, and therefore are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

All new or modified structures and uses shall conform with all of the applicable standards of this chapter prior to construction. All uses shall comply with the standards of this chapter, including access, dust and dirt, and odor, as determined applicable by the Director, except as specified in Chapter 19.08 (Nonconforming Structures, Uses, and Parcels).

(Ord. 2185)

Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement or recorded reciprocal (mutual) access agreement, as determined by the Director. Driveways shall be developed in compliance with the standards contained in Section 19.70.070 (Driveways and site access).

(Ord. 2185)

A. Purpose. Creek corridor habitats support plants and animals, recharge aquifers, and filter some pollutants. Creek corridors are valuable as open space areas and are of recreational and scenic interest. For these reasons, it is the intent of the City to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic, and recreational amenity.

B. Applicability. The provisions of this section apply to any property adjoining or including any of the following waterways:

1. Big Chico Creek;

2. Butte Creek;

3. Little Chico Creek/Butte Creek Diversion Channel;

4. Comanche Creek (Edgar Slough and its tributaries);

5. Lindo Channel;

6. Little Chico Creek and its tributaries including Dead Horse Slough; and

7. Sycamore/Mud Creek.

C. Streambed Information Required. At the time of permit application, applicants with parcels adjoining any of the above specified waterways shall submit site-specific streambed information prepared by a hydrologist, civil engineer,

or qualified professional to determine the precise top of bank of the waterway, as defined in Subsection D below. The analysis shall include:

1. Detailed mapping of at least 1:100 scale;

2. Identification of the direction and flow of material run-off from the site, or immediately adjacent to the site;

3. The need for mitigation measures, including rip rap, energy dissipation structures, or flow stabilizing devices, to keep flow velocities close to pre-development levels; and

4. Other information that the Director determines is necessary to properly analyze and mitigate potential impacts of the proposed development on the waterway.

This requirement may be waived by the Director if it is determined that the project, because of its size, location, design, or other factors, will not have a significant impact on the waterway, or that sufficient information already exists and that further analysis is not necessary.

D. Top of Bank Defined. "Top of bank" shall mean the upper elevation of land, having a slope not exceeding 10 percent, which confines the channel waters flowing in a watercourse in their normal course of winter flow. E. Creekside Development Standards.

1. A setback, easement, or dedication including any land within the channel and a minimum of 25 feet from the top of bank shall be required in all zoning districts. Additional setback, easement, or dedication may be necessary to protect environmental resources. The City may also acquire additional setback, easement, or dedicatio from top of bank.

2. As specified in Subsection E-1 above, setbacks shall be required for all ministerial projects. Either a setback, easement, or dedication shall be required for all discretionary land use entitlements. Tentative maps shall be conditioned in compliance with Title 18 (Subdivisions).

3. No structure, parking access, parking space, paved area, or swimming pool shall be constructed within a creek or creekside setback.

4. No grading or filling, planting of non-native or non-riparian plant species, or removal of native vegetation shall occur within a creek or creekside setback.

5. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete, and native landscaping.

• F. Downtown Creeks. New development Downtown, adjacent to Big Chico Creek or Little Chico Creek shall adhere to the following additional standards:

1. Provide public access to the creek; and

2. Incorporate design features that front the creek side of the property such as outdoor seating or dining, public open spaces, and/or facade improvements.

• (Ord. 2185; Ord. 2223; Ord. 2397 §7, Ord. 2440 §37)

Exterior lighting shall be architecturally integrated with the character of all structures, energy-efficient, and shielded or recessed so that direct glare and reflections are confined, to the maximum extent feasible, within the boundaries of the site. Exterior lighting shall be directed downward and away from adjacent properties and public rights-of-way. Shielded shall mean that the light rays are directed onto the site and the light source, whether bulb or tube, is not visible from an adjacent property. All parking and security lighting shall consist of full cutoff fixtures, unless a different cutoff classification is specifically authorized through the architectural review process. This section does not apply to sign illumination, traffic safety lighting, or public street lighting. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving.

(Ord. 2185; Ord. 2381 §6)

The following standards shall apply to the installation of all fences and walls. Fences and walls require approval from the Architectural Review and Historic Preservation Board (ARHPB), if ARHPB review is also required for the underlying development project. Perimeter fences and walls adjacent to the public right-of-way within a proposed subdivision require approval from the Commission, as part of the tentative map review process.

• A. Height Limitations. Fences and walls are subject to the following height limitations:

1. General Height Limits for Residential Uses.

a. Standard Parcels. On all parcels except corner lots, fences, walls, or similar obstructions shall not exceed the following height limitations:

(1) Front Yards. 3 feet. May be increased to 4 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits), or up to 6 feet with approval of a use permit in compliance with Chapter 19.24 (Use Permits).

(2) Rear Yards. 7 feet for all fences; may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).

(3) Side Yards. 7 feet for all fences outside the front yard setback area (see Figure 5-1). Interior side yard fencing may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).

No fence authorized by a use permit shall exceed 6 feet in height in any required front or street side yard nor 8 feet in height in any rear or interior side yard.

• b. Corner Parcels.

(1) No fence, wall, or other visual obstruction over 3 feet in height above the top of the existing or planned curb elevation shall be located within a sight distance area.

This provision shall not apply to: public utility poles; trees trimmed, to the trunk, to a line at least 13 feet 6 inches over a curb area and 10 feet over a sidewalk; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the effective date of these Regulations; and official governmental warning signs or signals.

(2) Street side yard fences, up to a maximum height of 7 feet for all fences outside the front yard setback area (see Figure 5-1). Street side yard fencing may be increased to 8 feet with approval of an administrative use permit in compliance with Chapter 19.25 (Administrative Use Permits).

c. Swimming Pools, Spas and Similar Residential Amenities. Swimming pools, spas and other similar residential amenities shall be fenced in compliance with the California Building Code.

d. Parcels with Grade Differential. Where there is a difference of less than 2 feet in the ground level between two adjacent parcels, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel. When there is a difference of 2 feet or more in the ground level between two adjacent parcels, the height of any fence or wall on the property line shall be determined by the Director. The granting of an administrative use permit, in compliance with Chapter 19.25, may allow a fence or wall in excess of 6 feet in height between two adjacent parcels up to maximum height of either 10 feet, measured from the finished grade of the lower parcel at the property line, or 6 feet above the approved minimum finished floor elevation of either adjacent parcel.

2. General Height Limits for Commercial and Industrial Uses. Fences up to 10 feet in height are allowed nonresidential sites when not adjacent to residential use or zone and consistent with the California Building Code; and if

there are no sight distance area problems as determined by the Director.

B. Setback Requirements. Fences or walls may be located on any property lines in compliance with the height limits of Subsection A (Height Limitations), above.

C. Multi-Family Fencing Requirements. Development of two or more residential units on a single parcel shall require the installation of fencing along the side and rear property lines. Development of a single project on more than one parcel shall require fencing only on the project perimeter side and rear property lines. The fencing in multi-family projects shall not exceed the maximum allowable height, nor be required in a street side yard or adjoining a permanent open space.

D. Fence Design, Generally. Only one type of fence or wall design shall be allowed on any multi-family, commercial, or manufacturing site. Perimeter fencing along a public right-of-way for a single-family subdivision is subject to review and approval by the Commission as part of the subdivision review process. Perimeter fences or walls adjoining public rights-of-way shall be articulated to prevent a monotonous appearance on a continuous wall. The design may include an appropriate mix of materials and finish subject to the approval of the Director.

E. Required Fences Exempt. The provisions of this section shall not apply to a fence or wall required by any law or regulation of the City, State, or any agency thereof.

F. Prohibited Materials. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence or wall, or by itself, is prohibited in all zoning districts unless:

1. Approved in a commercial or industrial zoning district, in compliance with Chapter 19.24 (Use Permits); and

2. Consistent with the requirements of Civil Code Section 835, including but not limited to the following:

a. Signage. Electrified fences shall be identified by prominently placed warning signs that are legible from both sides of the fence.

• b. Perimeter fencing. Electrified fences shall be located behind a perimeter fence that is not less than 6 feet in height.

3. Or as required by any law or regulation of the City, State, or any agency thereof.

G. Landscaping adjacent to fencing and screening. For projects requiring architectural review in compliance with Chapter 19.18, landscaping (such as creeping vine species, shrubs, or hedges) shall be planted and maintained close to ground-mounted fencing and screening walls to dissuade graffiti vandalism, unless approved otherwise through the architectural review process.

H. Fencing or Wall Requirements. All multi-family and non-residential land uses shall comply with the following screening requirements:

1. Screening Between Different Land Uses. Wherever a site zoned for multi-family residential, commercial, or manufacturing purposes adjoins a residential zoning district, a 6-foot-high wood fence or solid decorative masonry wall (7 feet if one foot of lattice or other 50% view permeable material is incorporated into the top one foot of the fence design) shall be constructed along the property line adjoining the residential zoning district. The fence or wall shall be architecturally treated on both sides, subject to the approval of the Director, the Commission, or the Architectural Review and Historic Preservation Board if part of a project review.

2. Equipment. Any equipment, whether on the roof, side of structure, or ground, loading docks, service yards, trash and storage areas, and utility services shall be properly screened from public view. The method of screening shall be architecturally compatible with other site development in terms of materials, colors, shape, and size. The screening design and construction shall be subject to the approval of the Director, or the Architectural Review and Historic Preservation Board if part of a project review, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground.

3. Outdoor Storage and Work Yards. All auto dismantling operations, auto wrecking yards, building materials supply yards, junk yards, lumber yards, recycling facility/processing centers, scrap metal yards, waste resource and

waste recycling operations, and uses with similar outside storage shall comply with the following:

a. Outside uses shall have a solid sight-obscuring masonry wall or metal fence not less than 6 feet, nor more than 8 feet, in height, of a type and design approved in advance of construction or installation by the Director, or the Architectural and Historic Preservation Review Board if part of a project review. The fence shall include one or more operable gates to be used as the only entrances and exits for the property. The fence and gate shall be properly maintained to continuously conform to all conditions of approval.

b. All operations in conjunction with the above-listed uses, including the loading and unloading of materials and equipment, shall be conducted entirely within the fenced area.

c. All materials and equipment, including storage containers, trailers, and trucks, shall be stored within the fenced area. The materials and equipment shall not be maintained, stored, or used so as to be visible above the height of the sight- obscuring fence or wall except as follows:

(1) Mechanical equipment, including cranes, crushers, and loaders, may be of a height which may be visible beyond the limits of the property; and

(2) Except for equipment designed to move under its own power, all mechanical equipment with a height exceeding the sight-obscuring fence or wall shall be located a minimum distance of 40 feet from any exterior property line when adjacent to a residential district.

4. Outdoor Garden Supply Areas. Outdoor garden supply areas shall be screened with fencing, meshing, or other similar sight-obscuring material.

I. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Director.

J. Recreational Court Fencing. Fencing for recreational facilities such as tennis or basketball courts shall comply with all building code regulations.

(Ord. 2185; Ord. 2223; Ord. 2358 §12; Ord. 2397 §8, Ord. 2435 §32, Ord. 2494 §34, Ord. 2519 §21, Ord. 2580 §13, Ord. 2600)

Figure 5-1

Fence and Wall Standards

All structures shall meet the following standards relating to height.

A. Maximum Building Height. The height of structures shall not exceed the standard established by the applicable zoning district in Division IV. Maximum height shall be measured as the vertical distance from finished grade to an imaginary plane located the allowed number of feet above and parallel to the finished grade on sites outside of the Foothill Development overlay zone. For sites within the Foothill Development overlay zone, refer to Section 19.52.100 (Foothill Development overlay zone).

(Ord. 2435 §33, Ord. 2440 §39, Ord. 2519 §22)

Figure 5-2

HEIGHT MEASUREMENT

B. Detached Accessory Structures. A detached accessory structure shall not exceed 15 feet in height. Additional height, up to a maximum of 10 feet, may be authorized with a use permit if architecturally consistent with the main

structure.

• C. Detached Garage. A detached garage or carport shall not exceed 15 feet in height. Except:

1. A height of 25 feet is allowed for garages with an ADU above; and

2. A height of 25 feet may be allowed for garages without an ADU above if the additional height is architecturally consistent with the main structure and has a minimum setback distance of 10 feet from any property line.

D. Structures on Sloping Parcels. Where the average slope of a parcel is greater than a 1-foot rise or fall in 7 feet of distance from the street elevation at the property line, one story shall be allowed on the downhill side of any structure in addition to the height allowed by the applicable zoning district; provided that the height of the structure shall not be increased above the limit established by the zoning district, measured from the finished street grade to the top of the roof.

Figure 5-3

ADDITIONAL BUILDING HEIGHT ON DOWNHILL LOT

E. Exceptions to Height Limits. The height limits of these Regulations shall not apply to the following:

1. Elevator Penthouses and Lofts. Elevator penthouses and similar structures, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than 25 percent of the total roof area of the structure.

2. Outdoor Theater Screens. Outdoor, drive-in theater screens, provided the screen contains no advertising material.

3. Parapet Walls. Parapet walls extending not more than 6 feet above the height limit of the structure.

4. Public Assembly. The maximum height for places of public assembly, including churches, schools and other allowed public and semi-public structures, may exceed the height allowed in the zoning district, subject to the approval of a use permit, provided the area of assembly is located on the first floor of the structure. For each 1 foot by which the height of the structure exceeds the maximum height, the side and rear yards shall be increased in width and/or depth by an additional foot over the side and rear yards required for the highest structure allowed in the zoning district;

zoning district, subject to the approval of a use permit, provided the area of assembly is located on the first floor of the structure. For each 1 foot by which the height of the structure exceeds the maximum height, the side and rear yards shall be increased in width and/or depth by an additional foot over the side and rear yards required for the highest structure allowed in the zoning district;

5. Single-Family Dwellings in RS and R1 Districts. The height of a single-family dwelling in the RS and R1 zoning districts may be increased up to an additional 5 feet when two side yards are provided, each having a minimum width of 15 feet.

6. Spires, Towers, Water Tanks and Renewable Energy Devices. Belfries; chimneys; cupolas; domes; flag poles; gables; monuments; spires; towers, including hose, utility, and water; water tanks; similar structures; and renewable energy devices and necessary mechanical appurtenances may exceed the height limit established for the applicable zoning district, subject to the approval of an administrative use permit, in compliance with Chapter 19.25, or subject to architectural review, in compliance with Chapter 19.18.

7. Telecommunications Facilities. Telecommunication facilities, including antennae, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a use permit, in compliance with Chapter 19.24.

(Ord. 2185; Ord. 2223; Ord. 2243, Ord. 2427 §44, Ord. 2435 §33, Ord. 2494 §35, Ord. 2519 §22, Ord. 2580 §14)

A. Noise Control. Noise shall be controlled at the source through berms, buffer yards, insulation, structure design and orientation, staggered operating hours, and other techniques. Where necessary, noise barriers shall attenuate noise to acceptable levels and the barriers shall be landscaped to reduce any negative visual impacts on the community, in

compliance with the Noise Element of the General Plan. All development shall comply with Chapter 9.38 (Noise) of the Municipal Code.

• B. Manufacturing Noise Levels. Manufacturing uses shall comply with Section 19.46.040-B-4

(Manufacturing/Industrial zoning district performance standards), where applicable.

C. Railroad Noise Buffers. Noise buffers or sound attenuation shall be installed for all new adjacent residential developments in compliance with the Noise Element of the General Plan.

• (Ord. 2185, Ord. 2440 §40)

A. Purpose. This section establishes standards for the minimum size and use of yards. The purpose of these standards is to provide for open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

B. Applicability of Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Division IV, and with any special setbacks established for specific uses by these Regulations, except as otherwise provided by this section. In no case shall any portion of a structure, including eaves and roof overhangs, extend beyond a property line or into an access easement or street right-of-way. Each required yard shall be open and unobstructed from the ground upward, except as provided in this section.

C. Exemptions from Setback Requirements. The minimum setback requirements of these Regulations apply to all uses except the following:

1. Fences or walls 6 feet or less in height above the finished grade of the site; except on corner parcels and within front yards, in compliance with Section 19.60.060-A- 1 -d (Fencing and screening); and

2. Retaining walls no more than 4 feet in height above the surrounding finished grade at any point.

D. Measurement of Setbacks. The required setbacks shall be measured from the property lines behind the adjoining edge of the public right-of-way or private street easement and related improvements, including adjacent pedestrian facilities. Setbacks shall be measured as follows (see Figure 5-4):

1. Front Yard Setbacks. The required front setback shall be measured at right angles from the nearest point on the front lot line of the parcel to the nearest point of the wall of the structure, except as follows:

a. Averaging. The required front setback may be calculated based on structure setbacks on adjacent parcels, instead of applying the setback normally required by the applicable zoning district, only under the following circumstances:

The required front yard setback may be determined through averaging; provided that when four or more parcels in a block have been improved with structures, the minimum front yard setback shall be the average of the setbacks on the improved parcels, if maintaining less than the minimum required front yard setback. Further, the front yard setback for parcels with parkways may be reduced by 1 foot, except that the frontage of garages and covered parking areas providing vehicle access shall be set back no less than 20 feet to ensure pedestrian safety (see Figure 5- 5).

Figure 5-4

LOCATION AND MEASUREMENT OF SETBACKS

Figure 5-5

AVERAGING OF FRONT SETBACKS

b. Corner Lots. The front setback shall be measured from the nearest point of the wall of the structure to the front lot line.

c. Flag Lots. The front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.

2. Side Yard Setbacks. The required side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest wall of the structure, establishing a setback line parallel to the side property line which extends between the front and rear setbacks.

3. Street Side Yard Setbacks. The required side setback on the street side of a corner lot shall be measured from the nearest point of the side property line adjoining the street.

4. Rear Yard Setbacks. The required rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest wall of the structure; establishing a setback line parallel to the rear property line which extends between the side yards, except in the following cases:

a. Easements. If an access easement line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement.

b. Converging Lot Lines. Where the side lot lines converge to a point, a line 5 feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard (see Figure 5-6)

c. Averaging for Certain Structures. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear setback along the line may be averaged, provided that no resulting side yard shall be less than 3 feet in width, and no rear yard shall be less than 10 feet in depth, at any point.

Figure 5-6

REAR SETBACK WITH CONVERGING LOT LINES

Figure 5-7

EXAMPLES OF ALLOWED PROJECTIONS INTO REQUIRED SETBACKS

• E. Allowed Projections Into Setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side, and rear yard setbacks, as follows (see Figure 5-7).

1. Chimneys. A chimney may extend 30 inches into a required setback, but no closer than 3 feet to the property line.

2. Cornices, Eaves, and Roof Overhangs. Cantilevered architectural features, including balconies, canopies, cornices, eaves, and solar devices, which do not increase the floor area enclosed by the structure, may extend up to 24 inches into a required setback, but no closer than 3 feet to the property line.

3. Decks, Porches, and Stairways. Attached decks or uncovered landing places, covered and unenclosed porches and stairs exceeding 18 inches in height above the surrounding finished grade may extend into required yards as follows:

a. Front Yard Setback: Up to 6 feet into a required front setback.

• b. Side Yard Setback: Up to 3 feet into a required side setback, but no closer than 3 feet to the property line.

• c. Rear Yard Setback: Up to 6 feet into a required rear setback.

No deck, porch, or stairway shall extend or encroach beyond any official plan line.

• F. Setback Requirements for Specific Structures:

1. Fences. See Section 19.60.060 (Fencing and screening).

2. Garages. To ensure an adequate space for off-street parking in residential zoning districts, the face of a garage entrance, situated approximately parallel to the front or street side lot line, shall be set back a minimum of 20 feet from the property line providing driveway access.

3. Hot Tubs, Swimming Pools, or Spas, and Other Site Design Elements. Detached decks, earthworks, freestanding solar devices, hot tubs, steps, swimming pools or spas, terraces, and other site design elements that are placed directly upon the finished grade, and which exceed a height of 18 inches above the surrounding finished grade at any point, shall conform to the setback requirements of Section 19.76.020 (Accessory uses and structures) for detached accessory structures. Site design elements less than 18 inches above finished grade are exempt. Swimming pools or other recreational pools or landscape ponds greater than 12 inches in depth may be located in a required front or side yard, subject to the approval of a use permit in compliance with Chapter 19.25 (Administrative Use Permits).

4. Retaining Walls. Retaining walls greater than 4 feet but no more than 6 feet in height may be located within a required setback provided the exposed side of the wall faces into the property. Retaining walls greater than 4 feet in height, where the exposed side of the wall faces out from the property, and all retaining walls greater than 6 feet in height shall be subject to the same requirements as the main structure in the applicable zoning district. See Figure 5-8. Figure 5-8

RETAINING WALLS IN FRONT SETBACK

G. Restrictions on the Use of Setbacks. No required yard may be used for the accumulation, placement, or storage of automobiles or other motor vehicles, building materials, junk, or machinery except for the following:

1. Automobiles or other motor vehicles which are registered and regularly in use which are parked within required off-street parking area(s) or driveways leading to such areas, which have been improved with all-weather surface.

2. Building materials required for construction on the parcel, immediately prior to and during a construction project which has a valid building permit in force.

H. Building Setback Lines and Official Plan Lines. Where building setback lines or official plan lines have been established for a parcel on a plan or subdivision map approved by the City, the required front, rear, and street side yard setbacks shall comply with the lines or the setbacks established by these Regulations, unless authorized through a planned development permit, use permit, or specific plan approval. Nothing in this section shall be construed to allow any structure to extend beyond the established lines.

I. Minimum Setbacks for Sight Distance Areas. Structures shall not be altered, constructed, erected, or moved which would result in a sight distance safety hazard as determined by the Director.

J. Special Creekside Setbacks. Setbacks from creeks shall be in compliance with Section 19.60.030 (Creekside development).

• K. Special State Highway Setbacks.

1. Applicability. The provisions of this subsection shall apply in place of any other setback requirements in these Regulations for all properties adjoining the following highways, except that these provisions shall not apply to signs installed in compliance with Chapter 19.74 (Signs):

• a. State Highway Route 99 freeway;

• b. State Highway Route 32 northwesterly of Big Chico Creek; and

• c. State Highway Route 32 easterly of State Highway Route 99 freeway overcrossing.

2. Parking Lot Setback. A minimum parking lot setback of 15 feet shall be provided from the property line adjoining the State highway;

3. Structural Setback. A minimum structural setback of 25 feet shall be provided from the property line adjoining the State highway;

4. Required Landscaping. Within the required setback, landscaping, in compliance with Chapter 19.68 (Landscaping Standards), shall be established incorporating the following:

• a. Berming and/or mounding, if appropriate;

• b. Fencing and/or walls integrated with the landscaping, if appropriate;

• c. Living groundcover plantings;

• d. Permanent irrigation system; and

• e. Shrubs and/or trees.

• (Ord. 2185; Ord. 2223, Ord. 3435 §34, Ord. 2494 §36, Ord. 2519 §23)

If solar collectors are proposed for any new development, the following standards shall apply:

A. Roof-mounted solar collectors shall be placed in the least visible location without significantly reducing the operating efficiency of the collectors;

B. Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible. Screening material(s) shall be color-coordinated to harmonize with the materials and other dominant colors of the structure;

C. Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and

D. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with the materials and other dominant colors of the structure.

(Ord. 2185, Ord. 2610)

All public utility facilities designed to be installed or constructed in residential zoning districts or on properties with the TND designations of NE or NG which would be expected to create noise or sound during operation shall be constructed or installed in soundproof structures when the review authority determines that soundproofing is required to eliminate the anticipated noise or sound. All utility facilities shall also be screened by fencing and/or landscaping, in compliance with Section 19.60.060-H (Fencing and screening).

(Ord. 2185. Ord. 2358 §13)

All proposed electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television and other wiring conduits, and similar facilities shall be placed underground by the developer, unless such placement has been determined to be either infeasible or unsafe by either the public works director or the appropriate review authority. The Council may grant a modification, including a complete waiver of the undergrounding requirement, after considering the general purposes and nature of the proposed development.

(Ord. 2185, Ord. 2435 §35, Ord. 2439 §180)

A. Purpose and Intent. This section establishes a formalized reasonable accommodation procedure in accordance with State law and is intended to provide equal access to residential housing throughout the city's jurisdiction

regardless of an individual's physical or mental abilities.

• B. Definitions.

Disabled person. An individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A disabled person does not include individuals currently using controlled substances as defined by federal law.

Fair Housing Law. Existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(l).

Reasonable accommodation. Any request by, or on behalf of, a disabled person for a reasonable deviation from the city's application of its land use or building regulations as set forth in this Code, or as adopted by reference in this Code, in order for such disabled person to use and enjoy a dwelling.

C. Request for accommodation. The Director may approve modifications or exceptions to regulations governing the siting, development, and use of housing or housing-related facilities, or other matters related to zoning and land use, to facilitate reasonable accommodations for persons with disabilities.

1. A disabled person, or their authorized representative, may request reasonable accommodation as specified in this section.

2. Documentation: A request for reasonable accommodation must be filed in a form and manner approved by the zoning administrator, and at a minimum, must include the following:

a. Evidence of the property owner's consent, usually in the form of the owner's signature on the application; b. A description of how the property will be used by the disabled individual(s), e.g., for residential habitation, and the specific reason that reasonable accommodation is desirable;

c. Evidence of the applicant's need for a reasonable accommodation because of a disability, including, correspondence from a currently licensed healthcare professional or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking. This information will be maintained as confidential unless needed for this process and/or disclosure required by law.

3. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

D. Proceedings. Upon accepting a reasonable accommodation request application as complete, the Director, or his/her designee, shall review the application and approve, conditionally approve, or deny the application. The decision shall be communicated in writing to the applicant within thirty (30) days of the application being deemed complete. Any denial must be accompanied by the facts and reasons for denying the application.

E. Requirements. The following requirements must be met in order to approve a request for reasonable accommodation:

1. The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

2. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

3. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.

F. Conditions of Approval-General. A reasonable accommodation granted under this section is subject to the following general conditions:

1. The reasonable accommodation applies only to the specific disabled person;

2. Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void:

3. Except as otherwise specifically accommodated pursuant to this section, the approved reasonable accommodation is subject to all uniform building codes as adopted by the city;

4. Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units:

5. The zoning administrator may require additional conditions of approval which may be deemed necessary to reconcile the approved reasonable accommodation with other requirements of this Code while still implementing the purpose of this title;

6. Reasonable accommodations do not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void as specified in Section 19.14.020 of this title.

G. Application Fee. There shall be no fee for filing an initial application for reasonable accommodation. However, the fee for appealing decisions made pursuant to th is section to the city council shall apply. (Ord. 2435 §36, Ord. 2439 §181, Ord. 2494 §37, Ord. 2600)