Chapter 19.76 — STANDARDS FOR SPECIFIC LAND USES

This chapter provides site planning and development standards for land uses that are allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in individual or multiple zoning districts including residential, commercial, and manufacturing districts.

(Ord. 2185)

A. Accessory Uses. An accessory use shall be allowed only in conjunction with a main use to which it relates under the same regulations as the main use in any zoning district.

B. Commercial and Industrial Accessory Uses and Structures. Commercial and industrial accessory uses and structures may be permitted in compliance with Chapter 19.18 (Architectural Review and Site Design) and are subject to the following general requirements:

1. All detached accessory structures are subject to the development standards established by the applicable zoning district including setbacks, height, and site coverage. Detached accessory structures shall be architecturally compatible with, and located to the rear or sides of, primary structures.

2. Detached or portable storage units and refrigeration facilities are subject to the following standards:

• a. Located to the rear or sides of primary structures and screened from public views.

• b. May not exceed 10 percent of the gross floor area of the primary structure.

• c. Allowed for a maximum of 12 months unless placed within a permanent outside storage yard in compliance with Section 19.60.060 (Fencing and screening).

• C. Accessory Retail Uses. Accessory retail uses are allowed, provided there will be only minor external evidence of

any commercial activity other than the main use of the site. Access to any space used for the accessory retail use shall be from within the structure.

D. Residential Accessory Uses and Structures. When allowed, specific residential accessory uses and structures are subject to the provisions of this section. Residential accessory structures include any structure that is customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, and similar structures.

1. General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.

a. Relationship of Accessory Use to Main Use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.

b. Attached Structures. Where an accessory structure is attached to the main structure in a substantial manner, as by shared roofline or wall, such accessory structure shall be considered part of the principal structure.

• c. Detached Structures. Where an accessory structure is detached, it shall comply with all the requirements of this chapter:

(1) Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property.

(2) Setback Requirements. Setback requirements shall be as provided by Table 5-9 (Required Setbacks - Accessory Uses and Structures).

Figure 5-15

CLUSTERED GARAGES WITH SHARED ACCESS

(3) Breezeway Requirements. A breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling when designed and constructed as a covered passageway which does not exceed 10 feet in width and has at least one side open, except for necessary supporting columns. For the purposes of this chapter, a breezeway shall not constitute attachment of an accessory structure to the main dwelling as a sole means of connection.

(4) Coverage. Detached accessory structures shall be calculated in the overall site coverage.

(5) Deed Restriction. In order to insure code compliance and prohibit the illegal conversion of residential accessory structures to Accessory Dwelling Units, all applicants must provide to the satisfaction of the Director, a recorded document stating the intended use of the accessory structure is not to be a dwelling unit and that any future conversion to a dwelling unit shall be done so in compliance with Section 19.76.130 (Accessory Dwelling Units).

2. Antennas. Antennas are subject to the provisions of Chapter 19.78 (Wireless Telecommunications Facilities). 3. Garages. A detached garage shall have direct vehicular access on an improved all-weather surface from the public right of way and shall not occupy more than 700 square feet for each dwelling unit, including any workshop or storage space within the garage. A larger floor area may be authorized by the Director with an administrative use permit, in compliance with Chapter 19.25. The floor area of a garage that is attached to a main structure is not limited, except by overall site coverage limits, and building or fire code.

3. Guest Houses. See Section 19.76.100 (Guest houses).

4. Home Occupations. Home occupations are subject to the requirements of Chapter 19.20 (Home Occupation Permits).

5. Accessory Dwelling Units. Regulations for residential accessory units are located in Section 19.76.130 (Accessory dwelling units).

6. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas, and hot tubs are allowed as accessory uses to approved residential uses on the same site, subject to the following provisions:

a. Limitation on Use. The pool is to be used solely by occupants of the dwellings on the same site and their invited guests.

• b. Fencing. The swimming pool shall be secured by fencing and/or building walls to prevent uncontrolled access by children, in compliance with Title 16R (Building Standards).

• c. Reduced front or side yard setbacks may be permitted through the use permit process in accordance with Section 19.60.090 F.

8. Tennis and Other Recreational Courts. Non-commercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use are subject to the following requirements:

a. Fencing. Recreational court fencing shall comply with all building code requirements.

b. Lighting. Court lighting shall not exceed a maximum height of 16 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 19.60.050 (Exterior lighting).

TABLE 5-9

REQUIRED SETBACKS FOR DETACHED ACCESSORY USES AND STRUCTURES

Notes:

(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director.

(2) In no case shall a structure, projection, or equipment be placed or occur beyond the property lines of the subject parcel. No accessory structures shall be located in a front yard setback or closer than 10 feet from any property line adjoining a public street.

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

• (4) Additional floor area may be approved with an administrative use permit.

(5) Garage may be located on rear or side property line abutting an alley where the Director determines that adequate turning radius and backup area will be provided.

(Ord. 2397 §13, Ord. 2435 §42, Ord. 2439 §188, Ord. 2519 §30)

9. Workshops, Studios, Greenhouses, or Recreation Rooms.

a. Limitation on Use. An accessory structure may be constructed or used as a workshop, studio, greenhouse, or recreation room in any residential zoning district solely for hobbies or amusements; for maintenance of the main structure or yards; for horticulture; for artistic endeavors, including painting, photography, or sculpture; for maintenance or mechanical work on vehicles owned or operated by the occupants; or for other similar purposes; and

b. Floor Area. A workshop, studio, greenhouse, or recreation room shall not occupy an area larger than 25 percent of the floor area of the main structure and shall comply with site coverage requirements. Additional floor area may be approved with an administrative use permit, in compliance with Chapter 19.25 (Administrative Use Permits). (Ord. 2185; Ord. 2243, Ord. 2364 §399, Ord. 2435 §41, Ord. 2494 §48, Ord. 2511, §13, Ord. 2519 §30, Ord. 2600)

A. Purpose. This section provides standards for the location, development, and operation of adult entertainment businesses.

B. Definitions. The following terms are defined for the purposes of this section and are organized in alphabetical order.

Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Book/Video Store. An establishment which has as a substantial or significant portion (25 percent or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Adult Cabaret. Nightclub, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other

photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion (25 percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Establishment of an Adult Entertainment Business. Includes any of the following:

1. The opening or commencement of any adult entertainment business as a new business;

2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;

3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4. The relocation of any adult entertainment business.

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

Removal of Clothing. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed.

Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the State engages in sexual therapy.

Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, female breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2. All sex acts, actual or simulated;

3. Masturbation, actual or simulated; or

4. Excretory functions alone or as part of or in connection with any of the activities described in items 1 through 3 above.

C. Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards.

1. Employees Required. It shall be the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises.

2. Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.

3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section

19.60.050 (Exterior lighting).

4. Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities:

a. No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 6 feet from the nearest area occupied by patrons, and no patron shall be allowed within 6 feet of the stage while the stage is occupied by an entertainer;

b. The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and

c. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum 3-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.

5. Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business.

6. Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within:

• a. 1,000 feet of another similar business;

• b. 1,000 feet of any religious institution, school, or public park; or

• c. 300 feet of any property designated for residential use or used for residential purposes.

The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes.

7. Signs. All on-site signs shall be in compliance with Chapter 19.74 (Signs).

8. Viewing Area.

a. It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.

intain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.

b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

c. It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

D. Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A

sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.

(Ord. 2185; Ord. 2223)

A. Household Pets. Household pets may be kept as an accessory use of residential property, provided they are kept in a humane and sanitary manner and in compliance with the provisions of this section.

B. Dogs. No more than three dogs over the age of three months shall be kept or maintained at any one place of residence, as designated by a single street address number in the City.

C. Bees. The keeping of honey bees is permitted in the RS and R1 zoning districts as a form of small animal keeping subject to the following standards to minimize impacts to nearby residents or the public:

1. A maximum of one hive shall be allowed for each ten thousand (10,000) square feet of lot area;

2. Hive(s) shall be registered with the Butte County Agricultural Commissioner;

3. An adequate fresh water supply shall be available for the bees on the subject parcel at all times;

4. The location of the hive(s) shall not be less than 100 feet from any public right-of-way or any occupied structure other than that of the occupant of the subject parcel.

5. All hive(s) shall be located at least six feet above ground, or an adequate flight dispersing barrier, such as a fence or landscaping of at least six feet in height, must be constructed and maintained around the hive(s); and

6. The hive(s) shall be maintained in compliance with state law and kept free of diseases and pests. D. Offensive Animals. No persons shall keep, maintain, or have in their possession on any property owned or controlled by them any household pets or any other animals in a manner, number, or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor.

• E. Site Requirements.

1. The number of animals which may be kept on a parcel is limited, as shown in Table 5-10, by the parcel's site area, exclusive of occupied structures and structures required by this section. Animals may be kept within an enclosure anywhere within the site area and are not required to have access to the entire site area.

2. Bulls, cows, goats, hogs, horses, pigs, and sheep shall not be kept within 25 feet of any side property line, nor within 50 feet of any adjacent street or occupied residences; and

3. Small animals shall not be kept within 20 feet of any occupied residences on adjacent parcels and may be kept within 10 feet of the owner’s occupied residence. Roosters shall not be allowed in the RS, R1, and TND zoning districts.

4. Storage of food for animal keeping shall be kept in sealed containers located in a dry, secure environment that prevents disturbance or infestation from stray animals, vermin, insects or any other source of contamination. (Ord. 2223, Ord. 2358 §16, Ord. 2440 §49)

TABLE 5-10

MINIMUM SITE AREA REQUIRED FOR ANIMALS

(Ord. 2494 §49)

Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure that compatibility between the B&B and any adjacent residential zoning districts or uses is maintained and enhanced.

A. Entitlement Requirement. Bed and breakfast inns are allowable with use permit approval, in compliance with Chapter 19.24, as provided in Division IV and are a permitted use in the TND zoning district as set forth in Chapter 19.80.

B. Specific Standards. The following standards shall apply:

1. Residential and TND zoning districts. No more than five rooms for rent shall be allowed under a use permit;

2. Parking. The B&B shall provide parking in compliance with Chapter 19.70 or Chapter 19.88, as applicable; and

3. Architectural Review. Architectural review shall be required if exterior changes are proposed, including, but not limited to, new parking areas.

• C. Appearance. The exterior appearance of the structure housing the B&B, located in any residential zoning district, shall not be altered from its original single-family character.

D. Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. There shall be no separate or additional kitchens for guests.

• E. Business License Required. A current business license shall be obtained and posted, in compliance with Chapter

• 3.32 (Business License Law) of the Municipal Code.

• F. Transient Occupancy Tax. All B&Bs shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.52 (Transient Occupancy Tax) of the Municipal Code

G. Signs. Signs shall be limited to one on-site non-illuminated sign not to exceed 4 square feet in area and shall be installed and maintained in compliance with Chapter 19.74 (Signs) or shall comply with Chapter 19.92, as applicable (Ord. 2185, Ord. 2358 §17)

This section establishes standards for large family day care homes in compliance with State law, including the limitations on the City's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of these Regulations and any requirements imposed by the California Department of Social Services through its facility licensing. Licensing by the Department of Social Services is required for all large family day care homes.

• A. Permit Procedures. Permit processing for large family day care homes shall be subject to the following:

1. Permit Requirement. A large family day care home shall require the approval of a non-discretionary large family day care home permit by the Director.

2. Criteria for Approval. A large family day care home permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this section; and

3. Administrative Use Permit. Director may approve an administrative use permit, in compliance with Chapter 19.25, authorizing operation of a large family day care home which does not comply with and/or cannot be operated in compliance with the standards in this section.

B. Location, Site Planning, and Operational Standards.

1. No large family day care home shall be located within 300 feet of another.

2. Parking standards:

a. Where the large family day care home is located on a parcel having less than 22 feet of legally permitted onstreet parking along the frontage of the parcel, or is located within a preferential parking area, the home shall provide one additional parking space. The driveway of a large family day care home may serve to meet the required off-street parking spaces and/or the drop off area.

b. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter 19.70 (Parking and Loading Standards). Any home located on a four-lane arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles exiting the site may do so in a forward manner.

c. One additional parking space shall be provided for each employee.

3. All on-site signs shall be in compliance with Chapter 19.74 or 19.92, as applicable.

4. The home shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the City Fire Department.

5. In order to protect adjacent residential dwellings from noise impacts, a large family day care home within any residential zoning district may only operate up to 14 hours per day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.

6. Each home shall be inspected by the City for compliance with the Uniform Housing Code and any regulations adopted by the State Fire Marshal which are applicable to large family day care homes. (Ord. 2185; Ord. 2243; Ord. 2358 §18; Ord. 2397 §14, Ord. 2440 §50, Ord. 2519 §31)

Any retail trade or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner:

A. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility, and be emphasized by enhanced paving or markings.

B. Drive-through aisles shall have a minimum 15-foot interior radius at curves and a minimum 10-foot width. Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, or the maximum distance feasible measured at the closest intersecting curbs, and at least 25 feet from the curb cut on the adjacent property, unless otherwise approved by the Director. Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

C. Each drive-through aisle shall provide sufficient stacking area at a minimum of 20 feet per vehicle in advance of the service window or automated teller machine (ATM), to accommodate a minimum of four vehicles for pharmacies, banks, and financial services or six vehicles for all other drive-through uses.. In lieu of this standard, an interior traffic study which models vehicular queuing may be prepared for City staff review. The stacking area shall not interfere with other on-site circulation and parking facilities.

D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.

E. All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical equipment shall be screened from ground-level view from adjacent properties or public rights-of-way.

F. Menu boards shall not exceed 24 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned parcel. Noise levels measured at the property line of a drive-in or drive-through facility shall not increase the existing ambient noise levels in the surrounding area.

• G. Each drive-through aisle shall be include a combination of landscaping, low walls, and/or berms to prevent headlight glare and to reduce visibility of vehicles from impacting adjacent streets and parking lots.

H. An 8-foot-high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned parcel. The design of the wall and the proposed construction materials shall be subject to architectural review. (Ord. 2185, Ord. 2440 §51, Ord. 2494 §50, Ord. 2610)

The purpose of this chapter is to implement the provisions of Government Code Section 65660 et seq. relating to low barrier navigation centers.

• A. Definitions. For purposes of this chapter, the following definitions shall apply:

1. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

2. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

• b. Pets;

• c. The storage of possessions; or

• d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

3. "Low barrier navigation center" means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

• B. Allowed zones. Low barrier navigation centers shall be permitted as an allowed use in the following zones provided they meet the requirements of subsection C.:

1. Areas zoned for mixed use; and

2. Nonresidential zones permitting multi-family residential uses.

• C. Requirements. A low barrier navigation center shall meet the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

D. Application procedures. An application shall be submitted to the planning division of the community development department. The city shall act within sixty days of receipt of a completed application.

E. Effective date. This section shall remain in effect until January 1, 2027, or as amended by Government Code Section 65660.

(Ord. 2610)

Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), gas stations require use permit approval in compliance with Chapter 19.24, and shall be constructed and operated in the following manner:

A. New Gas Stations. New gas stations shall comply with the following standards, in addition to the standards contained in Subsection B (Modification or Expansion of an Existing Gas Station), below:

1. A maximum of two gas stations shall be allowed at each intersection.

2. The minimum site area shall be 15,000 square feet.

3. The minimum frontage shall be 100 feet on each street.

4. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance. When the property line is a street right-of-way line, at least 3 feet in width along the line shall be landscaped. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

5. There shall be no more than two vehicular access points to or from adjacent public rights-of-way.

6. There shall be a minimum distance of 30 feet between curb cuts along a street frontage.

7. Landscaping shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Chapter 19.68 (Landscaping Standards):

• a. Landscaping shall cover a minimum of 10 percent of the gas station site area, exclusive of required setbacks.

b. A minimum 5-foot-wide, inside dimension, and 6-inch-high curbed landscaped planter area shall be provided along the front property lines, except for openings to facilitate vehicular circulation to adjacent properties, and along side and rear property lines adjoining residentially zoned properties. Where adjoining a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas which shall be a minimum of 6 feet wide, inside dimension.

c. An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location.

d. Additional landscaping may be required by the Zoning Administrator or if applicable the Board, to screen the gas station from adjacent properties.

8. All exterior light sources, including perimeter, and flood, shall be energy-efficient, stationary, and shielded to ensure that all light is directed away from adjacent properties and public rights-of-way. All canopy lights shall be fully recessed. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 19.60.050 (Exterior lighting).

9. Openings of service bays shall be designed to minimize the visual intrusion onto adjacent properties.

10. A gas station which adjoins property in a residential zoning district shall provide a 6-foot-high decorative masonry wall along the common property line, compatible with on-site development and adjacent properties, subject to architectural review.

B. Modification or Expansion of an Existing Gas Station. Any modification or expansion of an existing gas station shall comply with all of the following standards:

1. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

• a. The dispensing of petroleum products, water, and air from pump islands;

• b. The provision of emergency service of a minor nature; and

• c. The sale of items via vending machines which is subject to Section 19.76.120.

2. No vehicle may be parked on sidewalks, parkways, driveways, or alleys;

3. No vehicle may be parked on the premises for the purpose of vehicular sales;

4. All on-site signs shall be in compliance with Chapter 19.74 (Signs);

5. No used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles shall be located in any open area outside of the main structure;

6. Noise from bells, loudspeakers, or tools shall be in compliance with Section 19.60.080 (Noise) and shall not be audible from residentially zoned parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10: 00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays;

7. Gas stations may receive used motor oil for subsequent recycling and removal, subject to approval by the City Fire Department; and

8. Where an existing gas station adjoins property in a residential zoning district, a 6-foot-high decorative masonry wall may be required along the common property line as a condition of use permit approval for any on-site improvement, expansion or modification, if such a condition is necessary for land use compatibility. (Ord. 2185; Ord. 2223, Ord. 2440 §52)

A guest house may have direct access to the main dwelling but shall not provide any required housing features of the main dwelling. A guest house is intended to provide temporary(30 days or less) quarters within a detached residential accessory structure, located on the same premises with the main dwelling, for use by guests of the occupants of the premises, and shall not be rented or otherwise used as a separate dwelling.

A. Purpose. The purpose of this section is to regulate the placement, size, use, and allowance of guest houses within the City.

B. Development Standards. The location and construction of guest houses shall comply with the following standards:

1. Only one guest house shall be allowed on a single parcel of record;

2. The guest house shall:

• a. Not be provided with separate metered utilities or a separate address;

• b. Not contain more than one bathroom;

• c. Not contain a kitchen or other cooking facilities, including a microwave oven, hot plate, or toaster oven;

• d. Not exceed 250 square feet of livable floor area;

• e. Not exceed the allowable site coverage for the zoning district;

• f. Not be separately rented or leased from the main dwelling, whether compensation is direct or indirect;

g. Be designed to ensure visual harmony, consistency, and compatibility with the main dwelling on the site and with other residential structures in the area; and

h. Not exceed 15 feet in height or be more than one story. A use permit approved in compliance with Chapter

19.24 may authorize a greater height when the guest house is proposed over a one-story structure, including a detached garage, and when the guest house will provide visual harmony, consistency, and compatibility with the main dwelling.

(Ord. 2185, Ord. 2440 §53, Ord. 2494 §52)

Mobile homes and manufactured housing units may be located outside of mobile home parks only when installed on and secured to an approved permanent perimeter foundation. (Ord. 2185, Ord. 2494 §53)

Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area, shall comply with the following standards:

• A. Temporary Outdoor Retail Sales and Activities. The temporary outdoor display of merchandise shall comply with the following standards:

1. Temporary Uses. Temporary outdoor sales are subject to Chapter 19.22 (Temporary Uses).

2. Duration of Sales. The sales shall be of a temporary nature, lasting not longer than a total of six months.

3. Maximum Sales Area. The area devoted to temporary outdoor sales shall not exceed the following:

• a. CC and CN and ML districts: 2 1/2 percent of the gross floor area of the structure occupied by the business; and

• b. CS and CR districts: 5 percent of the gross floor area of the structure occupied by the business.

B. Permanent Outdoor Retail Sales and Activities. The permanent outdoor display of merchandise shall comply with the following standards:

1. Location of Sales Area. The shall occupy a fixed and approved location that does not disrupt the normal function and safety of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. The outdoor sales shall be located entirely on private property and outside of any required setback. A minimum setback of 10 feet from any public right-of-way is required.

2. Adjacent to a Public Right-of-Way. Outdoor sales areas adjacent to public rights-of-way shall be screened with decorative solid walls, fences, or landscaped berms, a minimum of 36 inches high and merchandise displays shall not exceed a height of three feet above finished grade.

3. Outdoor Vending Machines. Outdoor vending machines, as defined in Chapter 19.04 (Definitions), are subject to the performance standards below.

a. Accessory Use. Outdoor vending machines shall be an accessory use to an approved primary use and may not be located on an unimproved lot.

b. Location.

(1) Building Frontage. Outdoor vending machines are permitted along the building frontage that includes the primary business entrance. Where the primary business entrance is located at the building corner, outdoor vending machines will be permitted on only one side of the building.

(2) Clear Path of Travel. Outdoor vending machines shall not obstruct pedestrian pathways, driving aisles, parking spaces, or any areas necessary for proper pedestrian or vehicular circulation or loading activities. A clear path of travel at least four feet wide must be provided around outdoor vending machines.

(3) Public Rights-of-Way. Outdoor vending machines shall not be installed in, or within four feet of, the public right-of-way, or located in such a manner as to encourage or require customers to stand or park in the right-ofway in order to use the machine.

(4) Architectural Review. The placement of outdoor vending machines shall be considered as part of the architectural review process for new development. Outdoor vending machines installed subsequent to an approved project shall be considered a modification to an approved project and subject to section 19.18.070 (Conformance to Plans).

c. Area. The area occupied by outdoor vending machines may not exceed 10 percent of the width of the building frontage along which they are located, nor shall the combined area of all vending machines at any one site exceed 32 square feet.

d. Signage and Window Coverage. No more than 25 percent of a window area may be covered with signage or outdoor vending machines combined. Sign copy on outdoor vending machines shall be limited to the exterior panels of the machine and shall only advertise the product or service provided by the machine.

e. Design and maintenance.

(1) Utility Connections. Any required exposed conduits, pipes, or utility connections shall be secured to the building and painted, or otherwise screened, to match the building exterior, and shall not bridge a span greater than 18 inches.

(2) Maintenance. All outdoor vending machines shall be maintained in a clean, working and attractive condition. If the outdoor vending machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.

C. General Requirements. The following requirements shall apply to all (temporary and permanent) outdoor retail sales and activities:

1. Signs. There shall be no signs visible from the public street in addition to those allowed by Chapter 19.74 (Signs).

2. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 7 feet above finished grade for a single display item. Stacked displays may not exceed a height of 6 feet above finished grade.

3. Relationship to Main Use. Outdoor sales shall be directly related to a business establishment on the parcel. The use of the property shall comply with the standards for the zoning district.

4. Review and Approval Required. Any use proposing permanent outdoor merchandise display or other outdoor business activities shall be subject to review and approval, in compliance with Chapter 19.18 (Architectural Review).

5. Outdoor Storage Areas. Outdoor storage areas are subject to the regulations of Section 19.60.060(H)(3) (Outdoor Storage and Work Yards). Temporary outdoor storage areas are not subject to screening requirements.

• D. Exceptions. The provisions of this section do not apply to the following:

1. Sales or distribution of newspapers or periodicals in compliance with the provisions of the Municipal Code.

2. Sales from the public right-of-way in compliance with the provisions of the Municipal Code.

3. Temporary sales not within a structure or enclosed area, in compliance with Chapter 19.22 (Temporary Uses).

4. Sales of seasonal agricultural food products and flowers on private, non-residential property, not to exceed 6 months annually.

(Ord. 2185, Ord. 2427 §53, Ord. 2440 §54, Ord. 2494 §54)

The following definitions, permit requirements and development standards shall apply to accessory dwelling units. A. Definitions. In addition to the definitions set forth in Chapter 19.04, the following words and phrases shall have the following meanings respectively ascribed to them in this section.

1. "Accessory dwelling unit" (ADU) means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons on the same parcel as the main dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the following:

a. An efficiency unit, defined as a dwelling unit which contains a minimum of 150 square feet in living space, a separate closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower, or as otherwise defined in Section 17958.1 of the Health and Safety Code.

b. A manufactured home, defined as a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, or as otherwise defined in Section 18007 of the Health and Safety Code.

2. "Junior Accessory Dwelling Unit" (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. JADUs shall include a separate entrance from the main entrance to the proposed or existing single-family residence and shall be equipped with an efficiency kitchen providing cooking appliances and a food preparation area of reasonable size. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. In accordance with State law, a junior accessory dwelling unit shall be owner-occupied.

B. General requirements. Where a single-family or multi-family use is a permitted use or lawfully exists, a proposed ADU shall comply with all the development standards of this section. Applicants for accessory dwelling units may seek zoning clearance for a site plan depicting a proposed ADU or may directly apply for building permits and compliance with these standards shall be assessed in conjunction with building permit review.

1. ADUs or JADUs may be rented for the purpose of overnight lodging for terms of thirty or more consecutive days but shall not be rented or subleased for shorter terms.

2. Neither the main dwelling nor the ADU shall be sold or otherwise conveyed separately from the other unit, except pursuant to California Government Code Section 66341.

3. The provisions of this section shall not apply to property that has been subdivided as a result of an urban lot split and developed with two primary units pursuant to Section 19.76.220 of this Code.

• C. Development Standards.

1. Number of Units Allowed (Single-Family). The following standards are applicable to ADUs and JADUs proposed on single-family residential properties.

• a. One attached ADU; or

• b. One detached ADU and/or one JADU.

2. Number of Units Allowed (Multi-Family). The following standards are applicable to ADUs proposed on multifamily residential properties.

• a. A number of detached ADUs equivalent to the number of existing units on the property, up to a maximum of eight detached ADUs; and,

b. A number of interior ADUs not to exceed 25 percent of the number of existing multi-family units or one, whichever is greater, may be created within portions of the existing multi-family dwelling structures that are not used as livable space, provided that the unit complies with the California Building Code.

3. Types of ADUs. An ADU may be either attached, detached, or converted, as described below:

• a. Attached. An attached ADU is a newly constructed dwelling structure that structurally abuts and connects to an existing or proposed primary dwelling unit or accessory structure.

• b. Detached. A detached ADU is a newly constructed dwelling unit that is detached from an existing or proposed primary dwelling unit or accessory structure.

• c. Converted. A converted ADU is a dwelling unit created from existing space within the existing or proposed primary dwelling unit or accessory structure.

4. Maximum size of accessory dwelling units. The maximum square footage for an ADU shall be as follows:

• a. For attached ADUs larger than 800 square feet (Single-Family): 50 percent of the living area of the main residence up to a maximum of 1,200 square feet.

b. For detached ADUs larger than 800 square feet (Single-Family): 75 percent of the living area of the main dwelling unit up to a maximum 1,200 square feet.

c. For ADUs larger than 800 square feet (Multi-Family): Up to 850 square feet for a one-bedroom unit and up to 1,000 square feet for a two-bedroom unit, subject to maximum lot coverage standards applicable to the underlying zoning district.

5. Building height shall be limited as follows:

a. New attached ADUs shall have the same height limit provided by the underlying zoning district applicable to the main unit.

b. New detached ADUs on a lot with an existing or proposed single-family dwelling shall be a maximum of 25 feet.

c. New detached ADUs on a lot with an existing or proposed multi-family dwelling, shall be a maximum of 18 feet, or up to 25 feet when above a garage.

6. Accessory dwelling unit setbacks shall be as follows:

a. Converted ADUs. No setback shall be required for an ADU located within existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced (i.e. an existing garage that is converted to an ADU).

b. Attached ADUs. A minimum 4-foot rear and 4-foot side setback shall be required for an ADU attached to a main dwelling unit or constructed above a garage.

c. Detached ADUs. Detached, new-construction ADUs shall provide a minimum side and rear yard setback of 4 feet.

d. Alley access ADUs. When an ADU is adjacent to an alley and constitutes a second story on a garage which has less than a 4-foot setback, the minimum rear yard setback for the ADU shall be the same as the existing setback for the garage.

7. Conversion of an Existing Residence. An existing residence, in conformance with the above regulations, may be converted to an ADU in conjunction with the development of a new main dwelling unit. Occupancy of the ADU shall not be allowed prior to the issuance of a certificate of occupancy for the main dwelling unit.

8. Existing Accessory Dwelling Unit. An existing ADU or JADU may be enlarged or modified only in accordance with the requirements of this section.

9. Residential Density. To the extent required by California Government Code Section 66319, an ADU or JADU built in conformance with this section shall not count toward the allowed density for the lot upon which the unit is located.

10. Trash storage. The ADU or JADU shall be provided with an outdoor area for the storage of trash and recycling receptacles. That area shall have an all-weather surface and be screened from view by a fence, wall or permanent landscaping.

11. Security lighting. Accessory dwelling units located adjacent to an alley shall have a minimum of one outdoor security light for illumination of the alleyway adjacent to the unit. Such lighting shall be shielded and directed downward and away from adjacent properties to ensure that it has a minimal impact on neighboring properties.

12. Walls or fences between units. When an ADU is located behind a main dwelling unit, a continuous fence or wall shall not be installed between the main and ADU unless it includes a gate allowing pedestrian access from the accessory dwelling unit to the street.

13. Vehicle access. If provided, vehicle access to an ADU may be from a street or an alley.

a. Alley access. When an ADU will be located on a site served by an alley, the ADU shall maintain its primary vehicular access from the alley. Accessory dwelling units located on the street-access terminus of alleys shall be sited to ensure adequate site distance clearance.

b. Vehicle access from street frontage. Driveway surfaces installed to provide vehicle access from a street to an ADU located on the rear of a parcel shall be constructed with permeable-surface, all-weather materials or shall otherwise be constructed to retain runoff on site. New driveways that extend beyond the rear of the main dwelling unit shall consist of two tire strips or be otherwise designed to be of permeable-surface, all-weather material.

aces installed to provide vehicle access from a street to an ADU located on the rear of a parcel shall be constructed with permeable-surface, all-weather materials or shall otherwise be constructed to retain runoff on site. New driveways that extend beyond the rear of the main dwelling unit shall consist of two tire strips or be otherwise designed to be of permeable-surface, all-weather material.

14. Pedestrian access to accessory unit.Accessory units created within an existing single-family residence shall include an independent exterior access that is separate from the exterior entrance of the existing residence and complies with the minimum side and rear setbacks for fire safety.

15. Fire protection access. Accessory dwelling units not located adjacent to an alley shall be located so that all sides of the structure are within 150 feet of unobstructed access from the street frontage in order to provide adequate fire protection. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the main residence.

16. Parking. In addition to the parking required for the main dwelling unit, one parking space shall be required for each ADU.

• a. Parking spaces for the ADU and the main residence may be provided in a tandem parking arrangement on an existing driveway.

• b. Off street parking shall be permitted in setback areas as set forth in CMC 19.70.060, or through tandem

parking, unless specific findings are made that parking in the setback areas or tandem parking is not feasible based upon specific site or fire and life safety conditions.

• c. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an

ADU, or is converted into an ADU, the off-street replacement of those off-street parking spaces shall not be required.

17. Parking exceptions. Parking shall not be required for the ADU in any of the following instances:

• a. The ADU is located within one-half mile of public transit;

• b. The ADU is located within an architecturally and historically significant historic district;

• c. The ADU is part of the existing main residence or an existing accessory structure;

• d. When on-street parking permits are required but not offered to the occupant of the ADU;

• e. When there is a car share vehicle located within one block of the ADU.

18. The ADU can be accommodated with the existing water service and existing sewer lateral or septic system, provided sufficient evidence that the existing water service and existing sewer lateral or septic system has adequate capacity to serve both the main dwelling unit and ADU. No additional water meter shall be required, unless requested by the applicant.

(Ord. 2263; Ord. 2280; Ord. 2325, Ord. 2358 §20; Ord. 2364 §400; Ord. 2397 §15, Ord. 2439 §189, Ord. 2494 §55, Ord. 2511 §§ 2, 3, Ord. 2530, §4, Ord. 2549, §9, Ord. 2554, §1, Ord. 2580, §15, Ord. 2600 , Ord. 2610)

Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), single room occupancy facilities (SROs) shall be located, developed, and operated in compliance with the following standards.

• A. Location Standards. SROs shall be located within 1/4 mile of a bus stop or transit station.

• B. Eligible Parcels. The parcel upon which the SRO is to be established shall conform to all standards of the applicable zoning district.

• C. Residential Density. SROs shall not exceed a maximum density of 70 units for each gross acre of land.

• D. Overall Project Design and Site Planning.

1. Architecture. The design of an SRO project shall be subject to the requirements of Chapter 19.18 of these Regulations.

2. Outdoor Common Areas. Exterior common areas and/or open courtyards should be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with chairs, planters, tables, or small garden spaces to make these areas useful and functional for the tenants. Exterior common areas, including parking areas, shall be illuminated. The exterior lighting shall be stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).

3. Parking and Loading. Off-street parking shall be provided in compliance with Chapter 19.70 (Parking and Loading Standards).

(Ord. 2185, Ord. 2440 §55, Ord. 2610)55)

A. Purpose. The purpose of the small-lot subdivision regulations is to allow "small-lot single-family housing development in new and existing neighborhoods to provide compact development and efficient infill."

B. Standards. Small-lot, detached single-family subdivisions may be allowed in the R1 and R2 zoning districts when they are compatible with surrounding development and comply with the following standards:

1. Reduced Lot Area. The minimum lot area per dwelling unit shall be 3,500 square feet for an interior lot and 4,000 square feet for a corner lot. Lot sizes may range from 3,500 square feet to a maximum of 4,499 square feet, with an average lot size of 4,000 square feet to encourage a variety of lot sizes and configurations. Lots larger than 4,499 square feet may be allowed but the total number of lots larger than 4,499 square feet shall not exceed thirty percent of the total number of lots to be created by a small lot subdivision.

2. Reduced Setbacks. Table 5-12 shall be used to determine structure setbacks instead of the normal setbacks required for the applicable zoning district.

3. Reduced Lot Width. The minimum lot width shall be 38 feet for an interior lot and 46 feet for a corner lot. (Ord. 2440 §56)

TABLE 5-12

MINIMUM STRUCTURE SETBACKS

Notes :

• (1) "Garages in rear" shall mean garages behind the primary residential unit.

• (2) Front porches shall have minimum dimensions of 4 feet by 8 feet.

• (3) Garages with access perpendicular to the street shall be set back a minimum of 20 feet from the front property

• line. Garages with access parallel to the street (side entry) may be set back 15 feet from the front property line.

4. Site Coverage. Maximum site coverage shall be 50 percent of the lot area. Usable outdoor open space shall be a minimum of 25 percent of the open space area.

5. Parking. Parking spaces shall be provided and parking areas shall be designed as follows.

• a. Four parking spaces shall be provided for each residential unit, two of which shall be in a garage located onsite. The remaining two spaces may be located on a public or private street, or in a parking area adjacent to the street.

• b. For residential units with detached garages located behind the primary residential unit, the minimum parking normally required shall be reduced to one enclosed (garage) space and two spaces, covered or uncovered. Tandem parking spaces are permitted. All required parking spaces shall be set back a minimum of 20 feet from the front property line and/or sidewalk, whichever is closer.

c. Shared driveway access between two adjacent parcels is allowed when the garages are located within the rear of the parcel behind the primary residential unit or recessed so the home's entry elevation retains a dominant visual appearance.

Figure 5-16

SHARED DRIVEWAYS

6. Street Widths. Pavement widths for local streets may be reduced from the standards set forth in Title 18R (Design Criteria and Improvement Standards).

7. Design. The design of small-lot subdivisions shall provide for aesthetic quality and appropriate proportions between parcel sizes and street widths.

TABLE 5-13

STREET PAVEMENT WIDTH AND PARKING

8. Street Parkway Widths. Street parkway widths may be reduced up to 25 percent by the City for projects that provide innovative design features such as alleys, garages at the rear, front porches above minimum size, and protected tree well pop-outs located in parking aisle. A reduction in the parkway width must not be harmful to the health of the street trees or detrimental for the maintenance of the street.

(Ord. 2185; Ord. 2223; Ord. 2288; Ord. 2397 §16)

A temporary dwelling unit permit may be issued by the Director pursuant to Chapter 19.22.040 to allow a temporary dwelling facility, including a detached mobile or manufactured home which is nonmotorized and not permanently attached to a foundation, to be placed on a legal parcel in all residential zoning districts for the purpose of caring for an ill, convalescent, or otherwise disabled relative or friend, subject to the following:

A. A temporary dwelling facility shall only be allowed on a parcel with an existing main dwelling.

B. Occupancy of the temporary unit shall be limited to a close relative or friend of the occupants of the main dwelling. No more than two people may occupy the temporary unit.

• C. No rent shall be charged to the occupants of the temporary unit.

• D. The temporary unit shall be no larger than one bedroom and 640 square feet.

E. The temporary unit shall provide complete independent living facilities, including provisions for cooking, eating, living, sleeping, and sanitation, unless otherwise approved by the Director.

F. The initial term of the permit shall be for one year. After the first year, the Director may authorize one year extensions upon verification that the approved occupants continue to reside on the premises in a manner which necessitates extended use of the temporary unit, and upon determining that use of the temporary unit continues to meet the purpose and criteria of this section.

G. The temporary unit shall be connected to the sanitary sewer system.

H. The temporary unit, authorized in compliance with this section, shall not be considered a separate residential unit for the purpose of calculating development impact fees, including park fees and sewer system connection fees, and determining off-street parking requirements.

I. The temporary unit shall be subject to setback requirements for an accessory structure, except that the Director may require additional site requirements when necessary to mitigate any identified adverse impacts upon neighboring residents.

J. The temporary dwelling unit permit shall expire immediately if the persons requiring care for any reason cease to reside in the temporary dwelling. Following expiration, the temporary dwelling facility shall be removed within 120 days.

(Ord. 2185, Ord. 2494 §56)

A. Purpose. The purpose of these regulations is to implement General Plan goals of encouraging infill development, while also preserving the privacy of existing residences and the character of the neighborhoods where such lots are created. It is the intent of these regulations to (1) limit the number of flag lots which can be created where a series of similarly-sized large lots could be subdivided with flag lots, thereby significantly raising the density and changing the character of an existing neighborhood, and (2) provide standards for the development of such lots in addition to those which would otherwise apply. Properties suitable for flag lot subdivisions should be larger than average for the neighborhood, and/or of a unique configuration. Retention of existing older housing stock is strongly encouraged in flag lot subdivisions. These regulations are intended to provide greater certainty for both developers and neighbors, and are intended to supplement, not supersede, the flag lot regulations contained in Title 18R.

B. Applicability. For purposes of this section, infill residential flag lots are defined as flag lots created after the adoption of this section which are located in the RS, R1 or R2 zoning districts and which abut existing single-family development. Existing single- family development is defined as one or more residentially zoned lots already developed with single-family dwellings at the time that the parcel map or tentative subdivision map approving the creation of the flag lot is approved and which are not a part of the subdivision which creates the flag lot.

C. Standards. Infill residential flag lots are allowed in the RS, R1 and R2 zoning districts through a parcel map or tentative subdivision map when they comply with the standards in this section, in addition to any other applicable City standards:

1. Limitation on Number of Infill Residential Flag Lots. To avoid an over- concentration of infill residential flag lots in any one neighborhood, infill residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than 10 percent of the number of lots in the immediate neighborhood. Lots

in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within 300 feet of the proposed subdivision.

2. Size of Infill Residential Flag Lots. Infill residential flag lots shall be no smaller than the smallest conforming lot in the same zoning district lying wholly or partially within 300 feet of a proposed subdivision, or the minimum flag lot size as required in Chapter 18R.08, whichever is larger. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.

ntial Flag Lots. Infill residential flag lots shall be no smaller than the smallest conforming lot in the same zoning district lying wholly or partially within 300 feet of a proposed subdivision, or the minimum flag lot size as required in Chapter 18R.08, whichever is larger. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.

3. Single Story Limitation. New residential units and accessory structures on an infill residential flag lot shall be limited to a single story, no more than 25 feet in height, unless there is existing two-story construction on one or more residentially-zoned lots adjacent to the infill residential flag lot.

4. Site Design and Architectural Review. Residential units and detached accessory structures greater than 120 square feet in size on infill residential flag lots shall be subject to administrative site design and architectural review (Chapter 19.18). Such review shall take into account all applicable standards and design guidelines.

5. Orientation. Each residential unit built on an infill residential flag lot shall be oriented toward either the street or the accessway.

6. Setbacks From Neighboring Properties. Where an infill residential flag lot abuts existing single-family development, the building setbacks established below shall supersede the standard setbacks for the R1 and R2 zoning districts. Setbacks in the RS zoning district shall be the greater of the standard RS district setbacks, or the setbacks established in Table 5-14 below:

TABLE 5-14

MINIMUM STRUCTURE SETBACKS FROM NEIGHBORING PROPERTIES

7. Accessway. A minimum of three feet of landscaping shall be provided between the paved portion of the accessway and any adjacent existing single- family residential development. Drainage from the paved portion of the accessway shall be accommodated onsite. Minimum accessway widths shall be as specified in Title 18R.

D. Planned Development Permit Required if Standards Not Met. The creation and development of infill residential flag lots which do not meet all standards listed above may be allowed with approval of a planned development permit (Chapter 19.28).

• (Ord. 2363 §3, Ord. 2494 §57, Ord. 2511, Ord. 2549, §10, Ord. 2580, §16, Ord. 2600 , Ord. 2610)

Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), community gardens shall comply with the following standards:

• A. Operation and Maintenance.

1. Hours of operation shall be limited to between two hours before sunrise and two hours after sunset.

2. All plots shall be maintained to manage and remove all rotting produce, pest infestations, and diseases. This provision shall not apply to on-site composting areas.

3. The garden shall be designed and maintained so that water and fertilizer will not drain onto adjacent property.

4. All improvements and activities associated with the community garden shall comply with all federal, state, and local laws and regulations, including, but not limited to, the federal Americans with Disabilities Act (ADA) and the water conservation measures of state Assembly Bill 1881.

5. Planting illegal or invasive plants, including marijuana, is prohibited.

6. Animal keeping may be allowed when monitored at all times in compliance with Section 19.76.040.

B. Responsible Party. The property owner, or an agent appointed by the property owner, shall be responsible for preventing, correcting and eliminating all nuisances associated with the use including any nuisances due to lighting, odors, noise, or animal keeping.

• C. Permitted Buildings and Structures.

1. The combined area of all buildings shall not exceed 15 percent of the garden.

2. Only the following buildings or structures shall be permitted on the site:

• a. Up to two storage sheds of no more than 120 square feet each;

• b. Up to two greenhouses of no more than 120 square feet each for plant cultivation; and

• c. Benches, bike racks, picnic tables, fences, and garden art;

• d. Raised/accessible planting beds, rain barrel systems, compost or waste bins, and seasonal farm stands.

• e. Other types of structures may be allowed if approved by the Director.

• D. Parking. A minimum of two vehicle parking spaces shall be provided on the lot when there is no on-street parking allowed adjacent to the site. All gardens shall provide parking for at least two bicycles.

• E. Composting. Composting biomass waste within a contained area on site is allowed subject to all of the following:

1. Composted materials shall be only those materials generated onsite or contributed by active members of the community garden.

2. Composting areas shall be located at least five feet from property lines.

3. Odors and fly-breeding shall not create a nuisance nor be greater than customarily found at a well-maintained residence.

F. Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite and screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site regularly to keep the receptacle area and the lot free from litter.

G. Fencing. Fences for community gardens shall be at least fifty percent view- permeable, shall not obstruct the sight distance area, nor exceed six feet in height. Compliant fences may exceed the standard height limits for the front yard area, as established in Section 19.60.060.

H. Accessory Sales of Produce and Plants. Produce or plants raised on the site may be sold on-site as an accessory use to the primary community garden use and in compliance with Chapter 19.20 (Home Occupation Permits). (Ord. 2440 §57)

Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), all businesses established or expanded after the adoption of this regulation which sell alcohol as a significant component of the use, including Alcoholic Beverage Establishments, Liquor Stores - Limited Hours, Liquor Stores, Manufacturer Taprooms, Restaurants with Full Bar - Limited Hours, and Restaurants with Full Bar, shall be operated in compliance with the following standards:

A. All servers shall complete responsible beverage service (RBS) training no later than 60 days after the date of hire.

• B. The business shall provide sufficient staff to control any queue which forms outside the businesses. The queue shall be managed to allow free passage on sidewalks adjacent to the business at all times.

C. The business shall take action to prevent nuisance activities associated with the sale of alcohol, including: disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

D. The exterior of the business, including the adjacent right-of-way, shall be kept clean. Any litter, detritus, or other mess outside the business shall be cleaned promptly by the business, in no case later than 9 a.m. the following morning.

• E. Any music being played outside the business shall comply with the City's noise ordinance.

• F. The business shall comply with all applicable federal, state, and local laws.

• G. The sale and service of alcohol shall be subject to special restrictions on certain days and at certain times of the year as determined and set forth by council resolution.

• H. Alcoholic beverages to be consumed on-site shall be served in standard sizes that are consistent with the industry.

Any business listed above which does not comply with these operational standards may be subject to citations, fines, and other actions by the City, including abatement, pursuant to the provisions of CMC 1.14 and 1.15. (Ord. 2461 §6, Ord. 2504 §6, Ord. 2600)

It is the purpose of this Section to implement Section 65852.21 of the Government Code pertaining to Two-Unit Housing Developments and to implement Section 66411.7 of the Government Code pertaining to Urban Lot Splits. A. Two-Unit Housing Development. A proposed housing development containing no more than two residential units on a parcel located within a single-family residential zoning district shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all the eligibility requirements and standards established in this section.

1. Applicability. This section may be applied to parcels zoned R1 (Low Density Residential) or RS (Suburban Residential).

2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for a Two-Unit Housing Development:

a. Lot Location. The lot to be developed shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:

i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland.

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

iv. A hazardous waste site that has not been cleared for residential use.

v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.

• ix. Habitat for protected species.

• x. Land under conservation easement.

• b. Historic Properties. A Two-Unit Housing Development shall not be permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.

c. Rental Properties. A Two-Unit Housing Development shall not be permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Two-Unit Housing Development is submitted to the city.

d. Demolition or Alteration of Protected Units. A Two-Unit Housing Development shall not result in the demolition or structural modification of any portion of an existing residential unit that:

i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;

ii. Is protected under the Fair Rent Act; or

iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for a TwoUnit Housing Development.

e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection (A)(2)(D)(i),(ii), and (iii) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

3. Maximum Number of Units Allowed. No more than two (2) dwelling units shall be permitted on any lot utilizing the Two-Unit Development provision.

4. Separation of units. Primary dwelling units may be attached or detached. Units shall be constructed and/or

modified to allow for separate conveyance of each unit consistent with applicable building and fire code requirements.

5. Sale of units. Each dwelling unit of a Two-Unit Housing Development may be rented independently but shall not be sold or conveyed separately from the other unit.

6. Development Standards. A proposed Two-Unit Housing Development shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. Emergency fire access shall meet all requirements of the Building Code and Fire Code.

7. Exceptions to Development Standards.

a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.

b. Notwithstanding subsection (A)6. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

c. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for a Two-Unit Housing Development.

8. Parking Requirement. One covered space shall be provided per unit. No parking shall be required for either unit of a two-unit housing development if any of the following conditions are met:

a. The lot is located within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code;

• b. The lot is located within one-half (1/2) mile walking distance of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

• c. There is a car-share vehicle parking space located within one (1) block of the lot.

9. Property Owner Attestation. Upon submittal of an application for a Two-Unit Housing Development, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:

• a. A requirement for owner occupancy as defined in Section 19.04.020 when the proposal involves a Junior Accessory Dwelling Unit (JADU);

• b. A limitation restricting the property to residential uses only;

• c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days.

• d. No alteration or demolition of protected units, as described in subsection (A)(2)(D)(i),(ii), and (iii), shall

occur.

• B. Urban Lot Split. This Section establishes eligibility requirements and standards for urban lot splits.

1. Applicability. This section may be applied to lots zoned RI (Low Density Residential) or RS (Suburban Residential).

2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for an Urban Lot Split under this Section:

a. Lot Location. The lot to be subdivided shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:

i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.

• ii. A wetland.

• iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

iv. A hazardous waste site that has not been cleared for residential use.

• v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification. viii. Land identified for conservation m an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.

• ix. Habitat for protected species.

• x. Land under conservation easement.

b. Historic Properties. Urban Lot Splits are not permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.

c. Rental Properties. Urban Lot Splits are not permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Urban Lot Split is submitted to the city.

d. Demolition or Alteration of Protected Units. Urban Lot Splits shall not result in the demolition or structural modification of any portion of an existing residential unit that:

i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;

ii. Is protected under the Fair Rent Act; or

iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for an Urban Lot Split.

e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection B.2.d.i, B.2.d.ii. and B.2.d.iii. above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

f. No Prior Urban Lot Split. The lot to be subdivided shall not be a lot that was established through a prior urban lot split.

3. Subdivision of Adjacent Parcels. The lot to be subdivided shall not abut any lot that was previously subdivided through an Urban Lot Split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, a person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

4. Maximum Number of Units Allowed. No more than two dwelling units shall be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units, junior accessory units, density bonus units, and units created as a two-unit development.

5. Subdivision Map Act Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code Section 66410, et. seq.) ("SMA"), including implementing requirements in this code.

6. Development Standards. Development proposed on any lot created through an Urban Lot Split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. In addition, any lot created by an Urban Lot Split shall comply with the following standards:

Development Standards. Development proposed on any lot created through an Urban Lot Split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. In addition, any lot created by an Urban Lot Split shall comply with the following standards:

a. Minimum lot size. The lot to be split shall contain a minimum of 2,400 square feet. The resulting lots shall each contain a minimum of 1,200 square feet. Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.

b. Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way. Emergency fire access shall meet all requirements of the Building Code and Fire Code.

7. Exceptions to Development Standards.

a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot

utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.

b. Notwithstanding subsection B.4. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

c. Retained structure setbacks on lots created by Urban Lot Splits. If one (1) or more dwellings are retained on a site that is subdivided by an urban lot split, no setback shall be required for the retained dwelling(s) if compliance with the required setbacks would prevent the Urban Lot Split, subject to compliance with all applicable building and fire codes.

d. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for an Urban Lot Split.

8. Property Owner Attestation. Upon submittal of an application for an Urban Lot Split, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:

a. A requirement for owner occupancy as defined in Section 19.04.020;

b. A limitation restricting the property to residential uses only;

c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days;

d. The lot to be subdivided was not created through a prior Urban Lot Split;

e. The lot cannot be further subdivided using the Urban Lot Split procedures as provided for in this section;

f. That neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.

g. No alteration or demolition of protected units, as described in subsection B.2.d.i, B.2.d.ii, and B.2.d.iii., shall occur.

(Ord. 2580 §18, Ord. 2600)