Chapter 17.46 — RESIDENTIAL CARE HOMES

In this chapter, unless the context otherwise requires, the term "Residential Care Home" means any family home, group care facility, or similar facility licensed by the Director of Social Services of the State of California for twenty-four (24) hour non-medical care of physically handicapped or mentally impaired persons in need of personal services, supervision or assistance essential for maintaining the activities of daily living or for the protection of the individual. A residential care home offers a relatively permanent, family-like setting for the occupants. A residential care home does not include nor does this chapter apply

to half-way houses or recovery homes which provide care for only a limited time and seek to transition the occupants into another more permanent living arrangement (e.g., alcohol or drug recovery, probation or correctional facility, homeless or abuse shelter).

(Ord. 325, 1996)

The purpose of this article is to authorize the establishment of residential care homes in residential neighborhoods where such uses will not have an adverse effect on the surrounding areas.

A residential care home serving six (6) or fewer persons is exempt from these requirements.

(Ord. 325, 1996)

Residential care homes shall comply with the following standards:

A.

An operating license, if required, shall be obtained through the State and County authorities, prior to or concurrently with obtaining a permit pursuant to this chapter. Applicant shall comply with all State and County regulations administered by the Welfare Department or any other agency designated by the State Department of Social Services including, but not limited to the following:

1.

The maximum number of persons for whom care shall be provided when there is no assistant provider in the home shall be up to nine (9).

The maximum number of persons for whom care shall be provided when there is an assistant provider in the home shall be twelve (12).

3.

The capacity specified on the license shall be the maximum number of persons for whom care can be provided.

B.

Residential care homes shall be located within a detached single-family dwelling.

C.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.37 (Off-Street Parking and Loading Regulations). Any required parking space(s) may be located within the front setback but shall not impede access to the off-street parking required to serve the dwelling.

D.

No signs other than those permitted by the applicable zoning district regulations shall be permitted.

E.

In order to help assume that two (2) central purposes of a residential care home - normalization and

community integrity of the occupants - will not be hindered, no such home shall be located closer than one thousand (1,000) feet of another such home.

F.

The applicant shall bring the residential structure into compliance with the Uniform Building Code and State Standards for handicapped accessibility.

(Ord. 325, 1996; Ord. 375, 2004; Ord. 408, 2007)

No residential care home shall be established until an application for a use permit has been submitted to and approved by the Planning Commission in accordance with the procedures set out in Chapter 17.60 of this title.

(Ord. 325, 1996)

Chapter 17.47 - Accessory Dwelling Units[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 499, adopted April 4, 2023, repealed the former Ch. 17.47, §§ 17.47.010— 17.47.040, and enacted a new Ch. 17.47 as set out herein. The former Art. X pertained to similar subject matter and derived from Ord. 373, 2004.

17.47.005 - Purpose.

The purpose of this chapter is to allow, regulate and establish procedures for permitting of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

(Ord. 499, 2023)

17.47.010 - Effect of conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

A.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Required to correct a nonconforming zoning condition, as defined in Subsection 17.47.020G. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(Ord. 499, 2023)

As used in this chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than five hundred (500) square feet in size.

2.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined above.

F.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

G.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

H.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU or JADU.

I.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

J.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

K.

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

(Ord. 499, 2023)

17.47.030 - Permits required.

The following permitting requirements apply to ADUs and JADUs under this chapter:

A.

Type 1 ADU - Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.47.050, it is allowed with only a building permit in the following scenarios:

Converted on Single-family Lot. One (1) ADU as described in this Subsection 17.47.030A.1 and one (1) JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or, in the case of an ADU only, within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress; and

b.

Has exterior access that is independent of that for the single-family dwelling; and

c.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

d.

The JADU complies with the requirements of California Government Code Section 65852.22.

2.

Limited Detached on Single-family Lot. One (1) detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection 17.47.030A.1), if the detached ADU satisfies each of the following limitations:

a.

The side- and rear-yard setbacks are at least four (4) feet.

b.

The total floor area is eight hundred (800) square feet or smaller.

c.

The peak height above grade does not exceed the applicable height limit in Subsection 17.47.050B.

3.

Converted on Multifamily Lot. One (1) or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection 17.47.030A.3, at least one (1) converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five (25%) percent of the existing multifamily dwelling units.

Limited Detached on Multifamily Lot. No more than two (2) detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

a.

The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, then the Director shall not require any modification to the multifamily dwelling as a condition of approving the ADU.

b.

The peak height above grade does not exceed the applicable height limit provided in Subsection 17.47.050B.

B.

Type 2 ADU - Administrative ADU Permit Required. An ADU that does not qualify as a Type 1 ADU (as set forth in Subsection 17.47.030A) may be constructed with Director approval of a building permit and an ADU Permit in compliance with the standards set forth in Sections 17.47.050 and 17.47.060. An application for an ADU Permit shall be submitted on a form prescribed by the Community Development Department and be accompanied by any ADU Permit application processing fee established by City Council resolution.

(Ord. 499, 2023)

17.47.040 - Process and timing.

A.

Applications for Type 1 and Type 2 ADUs (under Subsections 17.47.030A and B, respectively) will be considered and approved ministerially, without discretionary review or a hearing.

B.

The Director must approve or deny an application to create an ADU or JADU within sixty (60) days from the date that the City receives a completed application. If the Director has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either of the following occurs:

1.

The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay; or

2.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the Director may delay acting on the permit application for the ADU or JADU until the Director approves or denies the permit application to create the new singlefamily or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

C.

If the Director denies an application to create an ADU or JADU, the Director must provide the applicant with a full set of comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. The Director must provide the applicant with the notice of the denial and the corresponding comments within the 60-day time period established by Subsection 17.47.040B.

D.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(Ord. 499, 2023)

17.47.050 - General ADU and JADU requirements.

The following requirements apply to all Type 1 and Type 2 ADUs and JADUs that are approved under Section 17.47.030:

A.

Zoning.

1.

A Type 1 ADU or JADU subject only to a building permit under Subsection 17.47.030A may be created on a lot in a residential or mixed-use district.

2.

A Type 2 ADU or JADU subject to an ADU permit under Subsection 17.47.030B may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

B.

Height.

1.

Except as otherwise provided by Subsections 17.47.050B.2 and B.3, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen (16) feet in height.

2.

A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be to two (2) additional feet in height (for a maximum of twenty

(20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one (1) story above grade may not exceed 18 feet in height.

4.

An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this Subsection 17.47.050B.4 may not exceed two (2) stories.

5.

For purposes of this Subsection 17.47.050B, height is measured above existing legal grade to the peak of the structure.

C.

Fire Sprinklers.

1.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.

The construction of an ADU does not trigger the requirement for fire sprinklers to be installed in the existing primary dwelling.

D.

Rental Term. No Type 1 ADU or JADU may be rented for a term that is shorter than thirty (30) days.

E.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F.

Septic System. If the ADU or JADU will connect to an onsite wastewater treatment system, the owner must include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

G.

Owner Occupancy.

1.

Owner occupancy is not required on a property on which an ADU has been created.

2.

As required by state law, properties on which a JADU has been created are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection 17.47.050G.2 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H.

Deed Restriction. Prior to final inspection for occupancy of an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the Director and must provide that:

1.

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

3.

The deed restriction runs with the land and may be enforced against future property owners.

4.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5.

The deed restriction is enforceable by the Director for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an

injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I.

Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, with the building permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. Notwithstanding the foregoing, the requirements of this subsection shall only apply to properties for which the ADU or JADU is being built to satisfy affordable inclusionary housing requirements of a development or is subject to an affordable housing agreement between the City and the property owner.

J.

Building and Safety.

1.

Compliance with building code. Subject to Subsection 17.47.050J.2, all ADUs and JADUs must comply with all local building code requirements.

2.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection 17.47.050J.2 prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

(Ord. 499, 2023)

The following requirements apply only to Type 2 ADUs that require an ADU permit under Subsection 17.47.030B.

A.

Maximum Size.

1.

The maximum size of a detached or attached ADU subject to this section is one thousand two hundred (1,200) square feet.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50%) percent of the floor area of the existing primary dwelling.

3.

Application of other development standards in this Section 17.47.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in Subsection 17.47.060A.2 or of an FAR, lot coverage limit, minimum front yard setback or open-space requirement may require the ADU to be less than eight hundred (800) square feet.

B.

Floor Area Ratio (FAR). Subject to Subsection 17.47.060A.3, no ADU subject to this section may cause the floor area ratio of all residential and accessory structures on a lot to exceed the maximum FAR as specified according to the following schedule:

C.

Setbacks.

1.

An ADU that is subject to this section must conform to the following minimum front-yard setbacks, subject to Subsection 17.47.060A.3:

a.

R-10, R-12, R-15 and All Multiple Family Residential Districts: twenty (20) feet.

b.

R-20 District: twenty-five (25) feet.

c.

R-40 and R-40-H Districts: forty (40) feet.

2.

An ADU that is subject to this section must conform to minimum four (4) foot side- and rear-yard setbacks.

3.

No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D.

Lot Coverage. Subject to Subsection 17.47.060A.3, no ADU subject to this section may cause the total lot coverage of the lot to exceed either:

1.

Fifty (50%) percent on a lot with an area less than fifteen thousand (15,000) square feet; or

2.

Thirty-five (35%) percent on a lot with an area of fifteen thousand (15,000) or more square feet.

E.

Minimum Open Space. No ADU subject to this section may cause the total percentage of open space of the lot to fall below thirty-five (35%) percent, subject to Subsection 17.47.060A.3.

F.

Passageway. No passageway, as defined by Subsection 17.47.020H, is required for an ADU.

G.

Parking.

1.

Generally. One (1) off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection 17.47.020K.

Exceptions. No parking under Subsection 17.47.060G.1 is required in the following situations:

a.

The ADU is located within one-half (½) mile walking distance of public transit, as defined in Subsection 17.47.020J.

b.

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

c.

The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 17.47.040A.

d.

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

e.

When there is an established car share vehicle stop located within one (1) block of the ADU.

f.

For an ADU constructed as an efficiency unit as defined by Section 17958.1 of the California Health and Safety Code.

g.

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in Subsections 17.47.060G.2.a—f.

3.

No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces within the garage, carport, or covered parking structure are not required to be replaced.

H.

Architectural Requirements.

1.

The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design elements of those of the primary dwelling.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5.

The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet.

6.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

7.

All windows and doors in an ADU that are less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

I.

Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and the side and rear lot lines of the property, as follows:

1.

At least one (1) fifteen (15) gallon size tree shall be planted for every fifteen (15) linear feet of exterior wall, or at least one (1) fifteen (15) gallon size shrub shall be planted for every ten (10) linear feet of exterior wall.

2.

Plant specimens must be capable of reaching a height of at least six (6) feet tall at maturity.

3.

Notwithstanding the foregoing, a solid fence of at least six (6) feet in height may be installed in lieu of landscaping where the distance between the ADU and property line is less than five (5) feet.

4.

All landscaping must be low water use and drought-tolerant.

J.

Historical Protections. An ADU that is on or within three hundred (300) feet of real property that is listed in the California Register of Historic Resources must do both of the following:

1.

Comply with the objective ministerial standards for Preservation, Rehabilitation, Restoration, or Reconstruction in the Secretary of the Interior's Standards for the Treatment of Historic Properties, as applicable.

2.

Be located so as to not be visible from any public right-of-way.

(Ord. 499, 2023)

17.47.070 - Fees.

The following requirements apply to all ADUs that are approved under Section 17.47.030 of this chapter.

A.

Impact Fees.

1.

No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2.

Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

B.

Utility Fees.

1.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility, and payment of the normal connection fee and capacity charge for a new dwelling are required.

2.

Except as described in Subsection 17.47.010B.1, converted ADUs on a single-family lot that are created under Subsection 17.47.030A.1 are not required to have a new or separate utility connection directly

between the ADU and the utility. Nor is a connection fee or capacity charge required.

3.

Except as described in Subsection 17.47.070B.1, all ADUs that are not covered by Subsection 17.47.070B.2 require a new, separate utility connection directly between the ADU and the utility.

a.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

b.

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

(Ord. 499, 2023)

17.47.080 - Nonconforming zoning code conditions, building code violations, and unpermitted structures.

A.

Generally. The Director will not deny an application to construct an ADU or JADU due to a nonconforming

zoning condition, building code violation or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs constructed before 2018.

1.

Permit to Legalize. As required by state law, the Director may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

a.

The ADU violates applicable building standards; or

b.

The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.47).

2.

Exceptions.

a.

Notwithstanding Subsection 17.47.080B.1, the Director may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the Director makes a finding that correcting a violation is necessary to protect the health and safety of the public or of the occupants of the structure.

b.

Subsection 17.47.080B.1 does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. 499, 2023)

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 17.47.005 through 17.47.080 of this chapter may be allowed by the City with a Site Plan Review Permit, in accordance with Chapter 17.44 of this title.

(Ord. 499, 2023)

Chapter 17.48 - NONCONFORMING USES

Sections:

Any lawful use of land or buildings, which use does not conform to the provisions of this title is a nonconforming use and shall not be in violation of this title until the use is discontinued or ceases for any reason. Any existing nonconforming use of land which is interrupted by any cause may lawfully be resumed within six (6) months of the interruption.

(Ord. 325, 1996)

If any building or structure constituting a nonconforming use is destroyed or damaged by fire, explosion, act of God, or the public enemy, or other accident or catastrophe, the building or structure may not be repaired or rebuilt if damaged in excess of fifty percent (50%) of its reasonable market value at the time of destruction or damage.

(Ord. 325, 1996)

Chapter 17.52 - VARIANCES

Sections:

A qualified applicant may apply for a variance permit. The application form for a variance shall include (unless otherwise directed by the Community Development Director), a statement of the reasons for and justification of the requested variance; a plot plan drawn to scale indicating dimensions and area of the subject property; locations of existing and proposed improvements on the subject property (if appropriate); and any other information necessary to adequately describe the variance request.

(Ord. 325, 1996)

Handling and review of a variance permit application shall be in the manner as specified in Chapter 17.64 of this Title.

(Ord. 325, 1996)

In an application for a variance, which is an application to modify zoning regulations as they pertain to lot area, lot coverage, average lot width, lot depth, front setback, side setback, rear setback, parking space, loading space, building or structure height, or any other regulation pertaining to the size, dimension, shape or design of a lot, parcel, building or structure, or the placement of a building or structure on a lot or parcel, the Planning Commission (or the City Council on appeal) shall find the following before approval of any application is given:

A.

That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same respective land use district in which the subject property is located;

B.

That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district;

C.

That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located.

(Ord. 325, 1996; Ord. 375, 2004; Ord. 408, 2007)

Chapter 17.56 - AMENDMENTS

Sections:

This title may be amended by changing the boundaries of districts, by adding new zoning districts, or by changing any other provision of this title whenever the public necessity, convenience and general welfare require such amendment.

(Ord. 52, Ch. III § 1(a), 1968; Ord. 377, 2004)

Amendments may be initiated by the City Council or the Planning Commission or by a qualified applicant whose property is affected by the proposed amendment.

(Ord. 52, Ch. III § 1(b), 1968)

An application by an individual for an amendment which, if approved, would rezone the property covered by the application from one district to another, or which requests the changing of any provisions of this title, including an application for a Planned Unit District zoning (P.U.D.), shall be filed with the City Clerk and accompanied by a fee in such amount as may be fixed from time to time by resolution of the City Council.

(Ord. 52, Ch. III § 1(c) (part), 1968; Ord. 84, § 2, 1970; Ord. 172 § 3, 1977)

The application shall also be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in general conformance with the General Plan, if one is in effect at the time, and that the public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description of the lands and existing buildings shall also be submitted with the application, along with any other documents or data required by the Planning Commission.

(Ord. 52, Ch. III § 1(c)(part), 1968)

Upon filing of an application pursuant to this chapter by any person, or upon initiation of an amendment by the City Council or Planning Commission, the City Clerk shall take appropriate steps to schedule the matter on the Planning Commission agenda. The City Clerk shall cause notice of the public hearing on the matter before the Commission, if such public hearing is required by California Government Code § 65853, to be given in the manner and for the time required by California Government Code § 65854. The public hearing shall be scheduled to be held as soon as the necessary studies and report can be completed by the Planning Commission and its consultants and necessary legal notice of hearing can be accomplished, subject to any rules of the Commission relating generally to the scheduling of such hearings.

(Ord. 52, Ch. III § 1(d), 1968)

If at the conclusion of any hearing, the Commission decides to recommend amendment of this title, the recommendation shall be by resolution carried by the affirmative votes of not less than a majority of the total voting members of the Commission. No recommendation for amendment shall be made without a public hearing having been held thereon; provided, however, that notwithstanding any other provision of this chapter, the Commission may, without having held a public hearing, recommend an amendment which does not change any property from one district to another, and which does not impose any regulation listed in California Government Code § 65850 not theretofore imposed or which does not remove or modify any such regulation theretofore imposed. No recommendation for amendment shall be made unless the Commission finds that such proposed amendment, is in general conformance with the General Plan, if one be in effect at said time, and that the public necessity, convenience and general welfare require the adoption of the proposed amendment.

(Ord. 52, Ch. III § 1(e), 1968)

A copy of any decision recommending an amendment which changes any property from one district to another or denying a request for such a zoning district change, or imposing any regulation listed in California Government Code § 65850 not theretofore imposed or removing or modifying any such regulation theretofore imposed, shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearings, recommendations of the Commission and the reasons therefor.

(Ord. 52, Ch. III § 1(f), 1968)

In the event the Commission, recommends denial of the application, or any portion thereof, with or without a public hearing, the applicant may appeal the determination to the City Council, pursuant to and in accordance with the provisions of Sections 17.68.020 and 17.68.030 of this title.

(Ord. 52, Ch. III § 1(g), 1968)

Upon receipt of a copy of any recommended amendment from the Commission, the City Clerk shall place the matter upon the agenda of the City Council at the earliest meeting practicable having due regard for the rules of the Council and time necessary for the giving of notice of public hearing if such notice is required. If the amendment recommended is to change any property from one district to another or to impose any regulation listed in California Government Code § 65850 not theretofore imposed or to remove or modify any such regulation theretofore imposed, the City Clerk shall schedule the matter for public hearing on the Council agenda and shall cause notice of the time and place of the hearing to be given in accordance with the provisions of California Government Code § 65854.

(Ord. 52, Ch. III § 1(h), 1968)

In order to amend this title, the Council shall find the following:

A.

That the proposed amendment is in general conformance with the General Plan, if such General Plan has been adopted by the City;

B.

That the public necessity, conveniences, and general welfare require the adoption of the proposed amendment.

(Ord. 52, Ch. III § 1(i), 1968)

17.56.110 - Ordinance—Council Hearing—Change in Commission Recommendation—Procedure.

The City Council shall hold a public hearing before adopting any ordinance which amends this title by changing any property from one district to another, or by imposing any regulation listed in California Government Code § 65850 not theretofore imposed or by removing or modifying any such regulation theretofore imposed. Where a Commission recommendation has such effect, the Council shall not make a change in such proposed amendment until the proposed change has been referred to the Commission for a report and a copy of the report has been filed with the Council. Where a Commission recommendation does not have such effect, the Council may make changes in the proposed amendment without such a reference back to the Commission. When a Council proposed change in any proposed amendment is referred back to the Commission, the failure of the Commission to report within forty (40) days after the reference or such longer period as may be designated by the Council shall be deemed to be approval of the proposed change.

(Ord. 52, Ch. III § 1(j)(1), 1968)

17.56.120 - Ordinance—Initiation—Commission Report—Failure to Report Deemed Approval.

When it deems it to be for the public interest, the Council may initiate an ordinance amending this title. If the proposed amendment does not change any property from one district to another or impose any regulation listed in California Government Code § 65850 not theretofore imposed or remove or modify any such regulation theretofore imposed, the ordinance may be adopted as other ordinances are adopted, but if the proposed ordinance has such effect, then the Council shall refer it to the Commission for report. If the Commission has not held a public hearing on the proposed amendment it shall do so before making its report. The failure of the Commission to report within forty (40) days after reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed amendment.

(Ord. 52, Ch. III § 1(j)(2), 1968)

17.56.130 - Council Authority to Adopt Temporary Interim Zoning Ordinance Not Affected.

No provision in this title shall be deemed to affect the authority of the Council to adopt any temporary interim zoning ordinance pursuant to California Government Code § 65858.

(Ord. 52, Ch. III § 1(j)(3), 1968)

17.56.140 - Application—Effect of Denial.

Whenever an application for an amendment of the text of this title or for rezoning of any property is denied, the application for such amendment or for rezoning of all or any portion of the property shall not be eligible for reconsideration for one year following such denial, except in the following cases:

A.

Upon initiation by the Council or Commission;

B.

When the new application, although involving all or a portion of the same property, is for a different zoning district than that previously applied for; and

C.

When the previous application was denied for the reason that the proposed zoning would not conform with the General Plan, and the General Plan has subsequently been amended in a manner which will allow the proposed zoning.

(Ord. 52, Ch. III (k), 1968)

Chapter 17.60 - USE PERMITS

Sections:

A Use Permit may allow certain uses or activities not permitted by right in specific zoning districts or areas. In some cases, these uses must comply with defined conditions in order to be allowed to develop and/or operate.

(Ord. 325, 1996)

17.60.020 - Purpose.

The major purposes of the Use Permit are:

A.

To implement the General Plan and any applicable specific plans;

B.

To condition, restrict or prevent the development of uses whose effects are or may be detrimental to the health, safety and welfare of residents, businesses, property owners, and/or employees in the City; and

C.

To identify those types or aspects of development which may not be totally compatible with development permitted as a matter of right by this Title and to impose such conditions and restrictions, as necessary, to

promote compatibility.

(Ord. 414, 2008)

A.

General Uses. The establishment of the following uses or uses of a similar nature requires a Use Permit. Any change to an existing permitted use which is determined to be significant by the Community Development Director requires a Use Permit. Uses include but are not limited to the following:

1.

Schools (public or private).*

2.

Congregate care and convalescent care facilities.*

3.

Churches, synagogues, temples, and places of worship.*

4.

Governmental and quasi-public administrative offices, and similar uses.

5.

Publicly-owned facilities including parks and recreation areas, libraries, museums, and community centers.

6.

Fire stations, public safety facilities, and government corporation yards.*

7.

Lodges, fraternal organizations, or clubs.*

8.

Residential care facilities for seven (7) or more persons.* (See Chapter 17.46)

9.

Child day care centers and adult day care facilities, unless exempt by State law.*

10.

Bed and breakfast facilities. (See Chapter 17.38)

Recreational/sports facilities such as golf courses, tennis/racquet clubs, swimming clubs, driving ranges, batting cages, etc.*

12.

Public utility facilities. (See Chapter 17.40)

13.

Antennas. (See Chapter 17.42)

14.

Fenced recreational enclosures. (See Section 17.36.076)

15.

Temporary uses which exceed the maximum time periods or number of individual events per year established for temporary use permits in Chapter 17.70.

16.

Windmills, wind chargers, and other wind-harnessing structures and buildings.*

Applicable Districts: All Districts, unless noted with an asterisk (*), in which case the use is not allowed within the Town Center Commercial land use designation of the Town Center Specific Plan.

B.

Residential Related Uses. The establishment of the following uses or uses of a similar nature requires a Use Permit. Any change to an existing permitted use which is determined to be significant by the Community Development Director requires a Use Permit. Uses include but are not limited to the following:

1.

Model home complex/subdivision sales office.

2.

Equestrian livestock. (See Sections 17.16.130 and 17.36.060)

3.

Agricultural animals. (See Sections 17.16.130 and 17.36.070)

4.

Multiple household pets:

a.

More than five (5) and less than ten (10) of any combination of dogs, potbellied pigs, or cats over six (6) months of age;

b.

More than three (3) and less than seven (7) dogs or potbellied pigs over six (6) months of age;

c.

More than five (5) and less than ten (10) cats over six (6) months of age.

5.

Single family dwelling units in Multiple Family Residential Districts.

6.

SRO facilities in Limited Commercial (LC) District.

7.

Parolee homes on land designated as Multifamily Low Density (MLD), Multifamily Medium Density (MMD) and Multifamily High Density (MHD) on the General Plan Land Use Map. (See Section 17.36.086).

Applicable Districts: Agricultural; Limited Commercial; All Residential; and Planned Development (Residential).

C.

Commercial Related Uses. The establishment of the following uses or uses of a similar nature requires a Use Permit. Any change to an existing permitted use which is determined to be significant by the Community Development Director requires a Use Permit. Uses include but are not limited to the following:

1.

Vehicle service/fueling station.*

2.

Vehicle repair garage.*

3.

Vehicle lubrication service.*

4.

Vehicle body shop.*

5.

Large-appliance stores.

Furniture stores (except lamps and lighting).

7.

Office, commercial service, personal service, or studio uses in ground floor locations which require a use permit in accordance the Town Center Commercial land use designation of the Town Center Specific Plan.

8.

Establishments providing massages, unless part of a recognized medical office or clinic.

9.

Recreational uses typically located inside buildings (e.g., movie theaters*, pool parlors, etc.).

10.

Video arcades with more than three (3) machines.

11.

Establishments with dancing and/or live or video entertainment.

12.

Any use open after 11:00 p.m.

13.

Bars which are not part of a full service restaurant.

14.

Adult-oriented uses.

15.

Establishments with drive-through window service.

16.

Outdoor sales treatment or storage of products or materials.

17.

Animal boarding facilities:*

a.

Seven (7) or more dogs or pot bellied pigs over six (6) months of age;

b.

Ten (10) or more cats over six (6) months of age;

c.

Ten (10) or more of any combination of dogs, pot bellied pigs, or cats over six (6) months of age.

18.

Boarding stables.*

19.

A reduction in the total number of required parking spaces in a reciprocal off-street parking facility. (See Section 17.37.060)

20.

Mobile Vendors (as specified and regulated in Section 17.36.084).

Applicable Districts: Limited Commercial; Planned Development (Commercial); and Professional

Administrative Office, unless noted with an asterisk (*), in which case the use is not allowed within the Town Center Commercial land use designation of the Town Center Specific Plan. Animal boarding facilities are only allowed in the Limited Commercial, Planned Development (Commercial), and Agricultural Districts. Boarding stables are only allowed in the Agricultural District.

(Ord. 414, 2008; Ord. 424, 2009; Ord. 440, 2012; Ord. 458, 2015; Ord 483, § 6, 2018)

A.

Parking/Access.

1.

Does the project provide sufficient off-street parking for vehicles and bicycles?

2.

Does the project provide safe and effective access for vehicles, pedestrians, and bicycles?

B.

Traffic Congestion.

1.

Could the project generate significant traffic congestion?

C.

Town Center Compatibility (Applicable only to uses which require a use permit for ground floor locations in the Town Center Commercial land use designation of the Town Center Specific Plan).

1.

Does the use (taking into account the building in which it is located, the location of the building within the Town Center, and the size of the use) complement Town Center Specific Plan goals and policies of attracting and enhancing pedestrian activity in the Town Center?

2.

Does the proposed tenant space lack the street visibility which would be suitable for a retail use, restaurant, or permitted use, which does not require a use permit?

3.

Would the tenant provide any goods, services, or window displays which are oriented toward or attractive to pedestrians?

4.

Would the tenant complement the intensity of existing use-permitted tenants in the same project and in the Town Center?

5.

What effort has the property manager or owner made to secure a tenant which does not require a use permit?

6.

Is the subject tenant space located in a building with a vacancy rate which exceeds the normal vacancy rate for commercial buildings of comparable size and location?

7.

Does the project involve the relocation of an existing business in the Town Center?

D.

Noise.

1.

Could the project generate noise levels above the standards of the Noise Element of the General Plan?

2.

Could the project generate significant intermittent noise such as bouncing balls, announcements, grinding, sanding?

E.

Air Quality.

1.

Could the project generate significant levels of dust, airborne particulate?

2.

Could the airborne particulate be toxic?

3.

Could the project generate significant fumes or smells?

F.

Lighting/Litter.

1.

Could the lighting especially exterior night lighting disturb surrounding properties?

2.

Could the project generate significant litter?

G.

Crime.

1.

Could the project possibly result in the significant increase of crime in the area?

2.

Could the project potentially have a significant negative influence on minors?

H.

Concentration.

1.

Could the project represent a concentration of a particular activity in an area to the detriment of the health, safety and/or welfare of nearby residents, businesses, property owners, and/or employees?

(Ord. 414, 2008)

The City may impose such requirements, restrictions and conditions as a part of a Use Permit relating to factors including, but not limited to: location and site planning; construction; maintenance; operation, including hours of operation; and traffic control as it deems necessary for the protection of adjacent properties and the public interest. The City may require a cash or surety bond that such conditions will be or are being complied with by the operator.

(Ord. 325, 1996)

In granting a Use Permit, the factors to be reviewed by the Planning Commission (or the City Council upon appeal) shall include but are not limited to the following findings:

A.

That the use shall be in conformity with the General Plan and any applicable specific plan;

B.

That the use shall be in conformity with City-adopted standards.

C.

That the use shall not negatively affect the general safety (e.g., seismic, landslide, flooding, fire, traffic) of the City or surrounding area.

D.

That the use shall not have significant negative impacts on the health or general welfare of residents, businesses, property owners, or employees in the City.

E.

That the permit will be in accord with the purpose of Use Permits as stated herein.

(Ord. 414, 2008)

Chapter 17.64 - PERMITS—EXPIRATION, REVOCATION, AND APPLICATION PROCESSING

Sections:

Each permit issued under the provisions of this title, which is not used, exercised or established within the time specified on the permit, or if no time is specified, within twelve (12) months after the granting of the permit, shall be void.

(Ord. 52, Ch. III § 6(a), 1968; Ord. 325, 1996)

A permit issued pursuant to the provisions of this title shall be deemed to be exercised, used or established when, within twelve (12) months of the granting, or within the time otherwise specified on the permit, a building permit is issued by the building inspector for the purpose and location described on the permit, providing that the building permit does not expire. If no building permit is required under the building ordinance of the city to establish such variance, use or other matter granted, then the permit shall be deemed to be exercised, used or established when clear and visible evidence is demonstrated on the subject property as to its beginning and continual development thereafter until completed.

(Ord. 52, Ch. III § 6(b), 1968; Ord. 325, 1996)

Upon a showing of good cause therefor, the Planning Commission may extend the period of a permit in which it is to be exercised, used or established, for a maximum of twelve (12) months at a time or as otherwise specified on the permit.

(Ord. 325, 1996)

If a use is established according to the terms and conditions of a permit and the use is discontinued for any reason for period of six (6) months, the permit shall become void and the use shall not be resumed. Upon application during the six (6) month period by the owner and upon a showing of good cause, the Planning Commission may grant an extension not to exceed an additional six (6) months.

(Ord. 52, Ch. III § 6(d), 1968; Ord. 325, 1996)

A permit issued under the provisions of this title or any amendments thereto may be revoked for any of the following causes if the permittee, his successors or assigns has committed or allowed the Commission of any of the following acts relating to the premises, or any portion thereof, covered by the permit:

A.

A violation of this title or any amendments thereto;

B.

Continued violation of the terms, limitations or conditions of the permit after notice of the violation;

C.

Failure to abate a nuisance on the subject premises after notice;

D.

Any act or failure to act resulting in the conviction of a permittee, operator or employee of a violation of federal or state law or city ordinance or resolution in connection with the operation of the permitted use.

(Ord. 52, Ch. III § 7(a), 1968)

Hearing on revocation shall be scheduled before the Planning Commission and notice shall be given to the permittee and to the public in the same manner as on an initial hearing to grant such a permit.

(Ord. 52, Ch. III § 7(b), 1968)

The hearing shall be conducted according to any rules of procedure adopted for initial hearing, except that the city shall have the burden of proving the charges and shall open and close the hearing.

(Ord. 52, Ch. III § 7(c), 1968)

The Planning Commission shall make its findings and render its decision in writing. Its decision may order additional terms, limitations or conditions, a specified probationary period for correction or implementation of new requirements, a future review at a time specified, or a combination of these, or revocation. A copy of the decision of the Planning Commission shall be filed with the City Clerk within ten (10) days after the close of hearing on the matter and the City Clerk shall cause a copy of the decision to be mailed, postage prepaid, first class, to the permittee on the same day that the decision is filed.

(Ord. 52, Ch. III § 7(d), 1968)

If the permittee is dissatisfied with the decision he may appeal as provided in Sections 17.68.020 and 17.68.030 of this title. Hearing on the appeal shall be scheduled before the City Council and the notice given the same as provided for in Sections 17.68.020 and 17.68.030 of this title, with the decision of the City Council being final.

(Ord. 52, Ch. III § 7(e), 1968)

17.64.100 - Permit Application Requirements.

A.

Application Form/Requirements. The submittal package shall include the following (unless otherwise directed by the Community Development Director)(all plans and drawings shall be at scale one inch equals twenty (20) feet or greater for site planning and one-eighth inch equals one foot or greater for elevations and floor plans unless the Community Development Director requires another scale.):

1.

Site Plan to scale, including:

a.

Roof plan of building;

b.

Location of existing and proposed structures, including signs, with measurements to all property lines;

c.

Location of existing trees or natural attributes;

d.

Location of off-street parking and loading facilities with spaces designated;

e.

Location and dimensions of streets or adjacent roads;

f.

Location of points of entry and exits for vehicles and internal circulation patterns;

g.

Location of walls and fences and the indications of their heights and materials of construction;

h.

Location, width and purpose of all easements;

i.

Exterior lighting standards and devices (height and wattage), if appropriate;

j.

Grading and slopes where they affect the relationship of the structure.

2.

Architectural drawings, including:

a.

Plans to scale (including floor plans, if needed);

b.

Elevations to adequately describe development (at least two (2) sides);

c.

Color, materials and texture palette.

3.

For each proposed sign, architectural drawings indicating the location, size, color, shape and type of illumination of each proposed sign.

4.

Preliminary landscaping plan, if appropriate.

5.

Statement of operation, if appropriate, describing:

a.

Type of activity;

b.

Days and hours of operation;

c.

Estimated number of persons involved.

B.

Submittal Packet. The number of copies of each of the above, which constitutes an application submittal packet, will be determined by the Community Development Director.

C.

Application Fee. The Permit application material shall be accompanied by a fee in such amount as may be fixed from time to time by resolution of the City Council.

(Ord. 325, 1996; Ord. 414, 2008)

A.

After application filing, the Community Development Director shall determine if all submittal requirements have been met and if the application is complete. If so, the Community Development Director shall then schedule the matter before the Planning Commission. The Planning Commission shall hold a public hearing to review the Permit request. Notice of the public hearing shall be given in the manner and for the time required by California Government Code § 65091.

B.

At the conclusion of the public hearing, the Planning Commission shall make a determination regarding the Permit request with findings and conditions, as warranted. The determination shall be by affirmative vote of

not less than a majority of the Commissioners present at a duly constituted meeting of the Planning Commission. After approval or conditional approval, the applicant may directly apply (if appropriate) for a building permit which is administratively reviewed by staff. A denial of the Permit request by the Commission shall cease further consideration of the request for a period of six (6) months following such denial, except in the following cases:

1.

An appeal is filed pursuant to Chapter 17.68 of this Title;

2.

When a new application, although involving all or a portion of the same property, is filed for a materially different proposal than that previously applied for.

3.

Denial without prejudice.

(Ord. 325, 1996)

17.64.120 - Conditions of Approval.

A.

The Planning Commission (or City Council upon appeal) may impose conditions to ensure that the proposal meets the purpose of the Permit.

B.

The Planning Commission (or City Council upon appeal) may as a Condition of Approval, require a cash bond or surety bond to ensure the completion of all or specified parts of the proposal, as conditioned, determined to be essential to achieve the purpose of the Permit.

(Ord. 325, 1996)

The Director may consider and render decisions on matters of slight modification or minor adjustment to projects previously approved by the Planning Commission or City Council if the modification meets all of the following criteria:

A.

The modification complies with the intent and purpose of the applicable zoning district;

B.

The modification is in substantial conformance and of comparable nature to the approved project and concerns of the decision-making body; and

C.

The modification is consistent with all of the project's conditions of approval.

(Ord. 375, 2004)

Chapter 17.68 - DECISIONS AND APPEALS

Sections:

All decisions made pursuant to the provisions of this title shall be in writing. Decisions of the Planning Commission shall be filed with the Secretary of the Commission, with a copy to the City Clerk. Decisions of the City Council shall be filed with the City Clerk, with a copy to the Secretary of the Planning Commission. All decisions shall be filed as aforesaid within ten (10) days after they have been rendered. Written notice of the filing of a decision shall be mailed by the City Clerk on the day the decision was filed to the applicant, appellant, and any other interested parties who have appeared regarding the item which is the subject of the decision rendered, before the public body making the decision and who have given the clerk or secretary of said body their names and mailing addresses. The notice of decision shall contain a brief summary of the effect of the decision and if an appeal may be taken from the decision pursuant to the provisions of this title, within ten (10) days from the date of notice of the decision. Decisions of the Planning Commission shall be final when filed unless an appeal is taken within the time permitted. Acceptance of any decision shall constitute an agreement on behalf of the applicant and owner, their heirs, successors and assigns, to comply with all the terms and conditions imposed by the decision, ordinances and resolutions. A true copy of the permit shall be delivered by the seller to the buyer of the entire parcel or any portion of the property affected by any permit issued.

(Ord. 52, Ch. III § 4, 1968)

Appeal from any decision of the Planning Commission shall be governed by the provisions of this section and Section 17.68.030. For the purpose of appeal from any action of the Planning Commission, an aggrieved person must be either a subdivider, if he is dissatisfied with any action with respect to the tentative map, or to the kinds, nature and extent of the improvements required for a subdivision, or an applicant or any person alleging:

A.

That his property rights or the value of his property is adversely affected and the decision does not comply with the General Plan, if one is in effect at the time; or

B.

That the required standards, which must be specified, are or are not satisfied by the evidence presented at the hearing for rezoning, land use permit, or variance permit; or

C.

That specified findings of the Planning Commission are not supported by the evidence; or

D.

That specified limitations or conditions imposed in granting a permit are not reasonably required; or

E.

That specified limitations or conditions recommended but not imposed are reasonably required in granting a permit.

(Ord. 52, Ch. III § 5(a), 1968)

An aggrieved party may appeal a decision of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk specifying the grounds for the appeal along with an appeal fee in such amount as may from to time be fixed by resolution of the City Council, within ten (10) days after the filing with the appropriate officials of the decision being appealed. When an appeal from the decision of the Planning Commission is properly filed, the City Clerk shall transmit to the City Council copies of the letter of appeal, the application and findings and decision of the Planning Commission. Upon receipt of said matter, the City Council shall order the matter heard before itself. The City Council shall proceed to schedule a public hearing in the matter before it and cause notice of the hearing time, place and nature of the appeal to be given by mailing copies of such notice by United States mail, first-class, postage prepaid to the appellant, the applicant or subdivider, and any other interested person or persons who shall have recorded his name and mailing address along with a request for a notice of hearing on appeal with the City Clerk and/or Secretary of the Planning Commission. The City Council shall then hear the matter as directed in the order fixing hearing and following this shall make its findings and conclusions in writing and file them with the City Clerk within thirty (30) days after the close of the hearing, with copies being forwarded to the Planning Commission, the appellant and the applicant or subdivider. In its conclusions the City Council may approve with conditions, or deny the appeal. The conclusion of the City Council shall be final and the application shall be disposed of in accordance with the City Council's decision with no further administrative action being taken on the application.

(Ord. 52, Ch. III § 5(b), 1968; Ord. 172, § 5, 1977)

By a four-fifths vote of the City Council, made within the time period for filing a notice of appeal, as specified in Section 17.68.030, any decision of the Planning Commission shall be scheduled for review before the City Council, and in such case the decision being reviewed shall be considered as appealed, with all procedures set forth in this chapter being applicable except for the filing of an appeal fee.

(Ord. 179, § 1, 1978)

Chapter 17.70 - TEMPORARY USE PERMITS

Sections:

There are a number of land uses that are of such a temporary nature that their potential impact on adjoining properties and the community is either minimal or can be offset by administrative conditions of approval. Because of the short term nature of the uses, it is seldom necessary to process such applications as conventional use permits via the Planning Commission and it is often time consuming to do the same. The purpose of this chapter then is to permit certain temporary, or short term uses, subject to adequate bonding and other conditions of approval on an administrative basis.

(Ord. 204, § 1(part), 1980)

The following list depicts the types of temporary uses that are intended to be considered through this administrative process. Each such application must be specific as to intended use:

A.

Arts and crafts shows;

B.

Parades;

C.

Carnivals and fairs;

D.

Christmas tree lots;

E.

Musical concerts;

F.

Block parties (street closures);

G.

Mobile Vendors (as specified and regulated in Section 17.36.084).

H.

Other similar temporary uses.

(Ord. 204, § 1 (part), 1980; Ord. 458, 2015)

In order to assure that the general health, safety and welfare of the community will be preserved with such temporary uses, conditions relating to each individual event may be imposed upon the applicant, including but not limited to:

A.

Bonding for police and maintenance services;

B.

Temporary parking and signing controls;

C.

Temporary fencing or barricades as necessary;

D.

Noise, dust and odor control;

E.

Limits on hours and days of operation;

F.

Others as needed.

(Ord. 204, § 1 (part), 1980)

The maximum time period for any of these temporary use shall not exceed a combined total of forty-five (45) days, or more than four (4) individual events per calendar year for any individual applicant. If any temporary event exceeds these thresholds, Planning Commission approval of a Use Permit for the event shall be required.

The permit shall be applied for at least forty-five (45) days prior to the actual event

(Ord. 433, 2011)

The applicant shall submit an application on the prescribed city form and a fee in such amount as may be fixed from time to time by resolution of the City Council. The matter shall be reviewed by the City Manager upon review and recommendation from the Chief of Police, Maintenance Supervisor, and Community

Development Director. If the use is deemed to be a safe and appropriate temporary use of the land, at the discretion of the City Manager, it may be approved subject to conditions as described in Section 17.70.030.

If a Temporary Use Permit application is submitted for an event that, in the judgment of the Director, does not comply with the purpose of this chapter as stated above and violates the intent of this entitlement, the Director may refer the matter to the Planning Commission.

(Ord. 204, § 1 (part), 1980; Ord. 433, 2011)

Administrative denial of a temporary use permit may be appealed to the Planning Commission within five (5) days of notice of denial, said appeal to be heard at the next regular Planning Commission meeting. Appeals of Planning Commission action shall be the same as the conventional use permit process as set forth in Section 17.68.030.

(Ord. 204, § 1 (part), 1980)

Chapter 17.71 - HOME OCCUPATION PERMITS

Sections:

The purpose of the home occupation permit is to allow residents in residential districts to conduct limited commercial activities within the dwelling unit. The limited commercial activities must be subordinate and incidental to the residential use of the property.

17.71.020 - Administrative Review.

A.

Review Procedure. The Community Development Director may approve, approve with conditions, or deny a home occupation permit upon receipt of a completed application form and payment of a fee established by resolution of the City Council, provided that any approval of a proposed home occupation shall meet the standards set forth in subsection B. Decisions of the Community Development Director shall be documented in a notice of decision. The notice of decision shall be mailed on the day of the decision to the applicant and all owners of real property, as shown on the latest equalized assessment roll, within three hundred (300) feet of the subject site.

The Community Development Director shall refer any application to the Planning Commission for a decision if, in the judgment of the Community Development Director, the application may potentially have an adverse effect on the neighborhood residents.

B.

Standards of Approval. Home occupation permits approved by the Community Development Director shall meet the following standards at all times.

The home occupation shall be subordinate and incidental to the primary use of the dwelling unit for residential purposes.

2.

The home occupation shall be compatible with and not change the character of adjacent residential areas.

3.

The dwelling unit shall be located in an Agricultural, Residential, or Planned Development (Residential) District.

4.

The home occupation shall not use more than one room, or twenty-five percent (25%) of the habitable floor area of the principle structure, whichever is greater. Garage areas and living areas within accessory structures and secondary dwelling units shall not be considered as part of the habitable floor area of the principal structure.

5.

No persons shall be employed, except the applicant and members of the resident family, in the conduct of the home occupation.

6.

There shall be no merchandise or services for sale, except that produced or made on the premises, and which can be shipped directly, electronically, or sold at another location.

7.

There shall be no signage or exterior indication of the home occupation.

8.

There shall be no outside display or storage of goods or materials.

9.

The home occupation shall not create any noise, odor, dust, fumes, vibrations, electrical interference, or other interference with the residential use of adjacent areas.

10.

There shall be no use of utilities or community facilities beyond that normal to the residential use of the property.

11.

The home occupation shall not decrease the number or size of parking spaces below that needed to meet the minimum off-street parking requirements for the residence.

12.

Delivery vehicles shall be limited to those types of vehicles, which typically make deliveries to residential neighborhoods, such as postal service, parcel deliveries, pickup trucks, and light vans. A maximum of four (4) deliveries per day is allowed.

13.

The home occupation shall not generate client/student traffic to the residence.

14.

Any chemicals or hazardous materials used or stored on the property shall not exceed that associated with normal household activities or hobby uses.

15.

Any use of materials or mechanical equipment shall not exceed that associated with normal household activities or hobby uses.

16.

No home occupation permit may authorize or approve any commercial cannabis uses, as defined in Section 17.95.010, including but not limited to, the operation of a cannabis retailer, manufacturing of cannabis products, cannabis delivery service and/or the storage of cannabis in excess of those amounts permitted for personal use pursuant to Health and Safety Code Section 11362.1.

C.

Appeal Procedure. Any decision of the Community Development Director regarding a home occupation permit may be appealed to the Planning Commission within ten (10) days of the notice of decision.

(Ord. 479, § 4, 2017)

A.

Review Procedure. In accordance with the provisions of Section 17.64.110, the Planning Commission may approve, approve with conditions, or deny a home occupation permit upon receipt of a completed application form and payment of a fee established by resolution of the City Council, provided that any approval of a proposed home occupation shall meet the standards set forth in subsection B. Decisions of the Planning Commission shall be filed in accordance with the provisions of Section 17.68.010.

B.

Standards of Approval. Home occupation permits approved by the Planning Commission shall meet the following standards at all times.

1.

Standards listed in Section 17.71.020.B.1 through 17.71.020.B.12 and 17.71.020.B.16.

2.

The home occupation shall not generate client/student traffic to the residence in excess of six (6) clients/students per day, unless the number is reduced by the Planning Commission. On Saturdays, client/student traffic may only occur between 9:00 a.m. and 5:00 p.m. Client/student traffic is prohibited on Sundays.

3.

Any chemicals or hazardous materials used or stored on the property, beyond that associated with normal household activities or hobby uses, shall not create a hazard for the applicant or neighborhood residents.

4.

Any use of materials or mechanical equipment beyond that associated with normal household activities or hobby uses, shall not create a nuisance for neighborhood residents.

5.

Any home occupation permit request for a cottage food operation shall also comply with the following standards:

a.

A maximum of one full-time equivalent cottage food employee, not including a family member or household member, is allowed in the conduct of the cottage food operation. No more than one employee may work at the cottage food operation at any one time.

b.

Approval by the Contra Costa County Environmental Health Department of the self-certification checklist for the cottage food operation and its approval of the cottage food operation itself are required as part of the application materials.

c.

The cottage food operation shall comply with all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code.

d.

The cottage food operation shall not be subject to 17.71.020.B.4. and 17.71.020.B.5.

C.

Appeal Procedure. Any decision of the Planning Commission regarding a home occupation permit may be appealed to the City Council in accordance with the provisions of Section 17.68.020.

(Ord. 357, 2001; Ord. 450, 2013; Ord. 479, § 5, 2017)

Chapter 17.72 - ENFORCEMENT AND PENALTY

Sections:

A.

No land in the incorporated area of the city shall be used for any purpose not permitted under this title nor shall any building or structure be erected, constructed, altered, moved or maintained contrary to this title. Any use of land, building, or structure contrary to this title is unlawful and a public nuisance.

B.

The remedies provided for in this chapter shall be cumulative and not exclusive.

Any person violating this title is guilty of a misdemeanor and on conviction shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both.

(Ord. 451, 2013)

Chapter 17.76 - OPEN STORAGE[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

State Law reference— For statutory provisions authorizing cities to regulate the use of lots, yards, and other open spaces, see Gov't Code Sec. 65850.

A.

No person, firm, corporation, other entity, or owner shall personally, or permit others to, park, leave, or store any of the following items for any period of time in excess of one hundred twenty(120) consecutive hours within the areas described in Section 17.76.010.B:

1.

Any motor vehicle, except motor vehicles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use;

2.

Trailers of any kind or make, airplanes, graders, tractors and other similar types of equipment;

3.

Recreational vehicles, including but not limited to, motor homes, dirt bikes, off-road vehicles, boats, water craft, snowmobiles, or unmounted camper bodies;

4.

Part of any of the above described items;

5.

Building or construction materials except those materials required for work under construction on the premises stored thereon during the time a valid building permit is in effect for such construction; or

6.

Trash, garbage or refuse and receptacles therefore.

B.

The restrictions in Section 17.76.010.A. apply to the following lots and areas of lots;

1.

Any portion of an uninhabited lot situated within any residential or Planned Development (residential) district, or any portion of a vacant lot in a non-residential district unless for use in connection with a legallyestablished activity thereon;

2.

An area fifty (50) feet deep measured into any lot within any district from the front lot line, extending the full width of the lot between the side lot lines, unless for use in connection with a legally-established activity in a non-residential district or substantially concealed from public view in accordance with Section 17.76.010.B.4.;

3.

An area twenty-five (25) feet deep measured into any lot within any district from the rear lot line (extending the full width of the lot between the side lot lines) and from the side lot lines (extending the full length of the lot between the front and rear lot lines), unless substantially concealed from public view in accordance with Section 17.76.010.B.4.; and

The areas of lots described in Sections 17.76.010.B.2. and 3. may be used for storage when such items are substantially concealed from public view by a legally-constructed six-foot solid fence (or other structure) which does not protrude toward the street beyond the front corner of the residence, garage, or building on the premises nearest to the stored items.

(Ord. 375, 2004)

Any of the property described in Section 17.76.010.A., which has been stored within and on any of the areas described in Section 17.76.010.B. for less than one hundred twenty (120) consecutive hours and then removed, shall not be again stored within such areas at any time within one hundred twenty (120) hours after removal therefrom.

(Ord. 375, 2004)

The Director shall have the power, in cases of practical difficulty or reasonably unnecessary hardship, to grant temporary storage permits for the storage of motor vehicles, trailers, boats, cargo storage containers, and building materials in the restricted areas described in Section 17.76.010.B. for limited periods of time in excess of one hundred twenty (120) consecutive hours. Application for such storage permits shall be in writing, on forms furnished by the City, and accompanied by a fee in such amount as may be fixed from time to time by resolution of the City Council. Any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Director may impose reasonable conditions (including the posting of a bond or other financial security instrument acceptable to the Director) as a part of any temporary storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. There shall be no appeal from a refusal to issue any such temporary storage permit, and upon any such refusal the applicant, in lieu of appeal, may apply for a variance under the provisions of Chapter 17.52.

(Ord. 375, 2004)

==> picture [432 x 582] intentionally omitted <==

Chapter 17.78 - RESIDENTIAL FLOOR AREA

Sections:

17.78.010 - Purpose.

The purpose of this regulation is to implement the general plan, which envisions maintaining the semi-rural character of the city and providing a variety of housing sizes. This chapter's regulation of the relationship of house size to lot size is intended to:

A.

Preserve and perpetuate the established relationship of buildings and spaces characteristic of Clayton's residential setting, where relatively modest residences are surrounded with generously sized areas of natural and landscaped open grounds;

B.

Assure that the scale of residential development responds to the limitations created by constrained lot sizes;

C.

Minimize the out-of-scale appearance of large residences relative to their lot size and to other residences in a neighborhood;

D.

Minimize the environmental damage of tree removal and grading which may result from over-building; and

E.

Expand the range of house sizes to accommodate housing needs and preserve and enhance diversity of housing.

(Ord. 375, 2004)

The size of a proposed new residence or expansion of an existing residence shall be limited as set forth in this section. These limits are not entitlements; the approved size of a proposed new residence or expansion of an existing residence subject to site plan review shall be at the discretion of the Planning Commission, which may, to meet the standards of site plan review, approve a residence smaller than the limits set forth in this chapter.

A.

Lots Under Five thousand (5,000) Square Feet. The maximum building footprint and maximum floor area of a single-family dwelling on a lot of less than five thousand (5,000) square feet shall be equal to fifty-five percent (55%) of the net parcel area of the lot.

B.

Lots Five thousand (5,000) Square Feet to Less Than Sixteen Thousand Square Feet. The maximum building footprint and maximum floor area of a single-family dwelling on a lot of five thousand (5,000)

square feet to less than sixteen thousand (16,000) square feet shall be that shown on the schedule provided in Section 17.78.070.

C.

Lots Sixteen Thousand (16,000) Square Feet or More.

1.

The maximum building footprint of a single-family dwelling on a lot of sixteen thousand (16,000) square feet or more shall be equal to twenty-five percent (25%) of the net parcel area of the lot; and

2.

The maximum floor area of a single-family dwelling on a lot of sixteen thousand (16,000) square feet or more shall be equal to thirty-five percent (35%) of the net parcel area of the lot.

(Ord. 375, 2004)

The building footprint and floor area of a single-family dwelling shall be calculated as follows:

A.

The building footprint shall include the floor area (as established by subsections 17.78.030.B. and D. of the ground floor, plus the portion of the floor area of any floors above the ground floor, which project outward from the building beyond the exterior wall of the ground floor.

B.

The floor area shall include the total horizontal area of each floor within the exterior walls of all buildings on a lot, including attached and detached principal and accessory buildings, second dwelling units, garages, carports (measured by total roof area), storage spaces and any enclosed space with a seven (7) foot or greater ceiling height, as measured at the exterior face of the enclosing walls. The area of a fully enclosed atrium shall be calculated as interior floor area.

C.

The floor area shall be doubled for any interior space with an exterior height of seventeen (17) feet or greater measured from finished floor level.

D.

The floor area calculation shall exclude:

1.

Attics and lofts, or those portions of attics and lofts, which have less than an eight (8) foot ceiling height, as measured form the top of exterior framing elements;

2.

Basements where the finished floor level directly above is less than four (4) feet above the finished grade on all sides;

3.

A balcony, porch, deck, or other structure (except carport) where at least one of the longest dimensions is unenclosed.

(Ord. 375, 2004)

The following types of projects are exempt from the building footprint and floor area limitations of this Chapter 17.78.

A.

Fill-in Additions. Additions of newly created habitable space, which are to be fully contained within the building envelope of any existing conforming or nonconforming single-family residential building, as determined by the Community Development Director. Examples include excavation and improvement of areas behind the skirt walls of hillside residences, improvement of attic spaces, and limited exterior changes such as the addition of dormers (not exceeding interior height of eight (8) feet), windows and doors.

B.

Small Additions. Any addition or accessory building of less than two hundred (200) square feet, provide that no approvals for either a new residence, an exterior addition, or a small addition exemption have been granted within the past five (5) years from the time of the subject application, and a variance is not requested.

C.

Damaged or Destroyed Buildings. Any legally constructed building which is destroyed or damaged by fire, flood, wind, earthquake, war, riot, or other calamity or act of God may be reconstructed to its original building footprint and floor area in substantially the same location.

D.

Designated Planned Developments. Residences in the Chaparral Springs (Tracts 7303 and 7066), Dana Ridge (Tract 4504), Diablo Ridge (Tract 7766 (exclusive of detached residences on Condor Way and Keller Ridge Drive) and Tract 7767), Marsh Creek Park Villas (Tract 4240), and Stranahan (Tract 7887), and Diablo Meadows (Tract 9536) Planned Developments. (Any additions or accessory buildings in these Planned Developments will continue to be subject to the site plan review requirements and the development standards originally approved for the respective Planned Development.)

(Ord. 375, 2004; Ord. 491, § 2, 2021)

When an addition to an existing residence involves the complete demolition of an existing accessory building, that previously existing building footprint and floor area shall not be counted as existing space and its replacement shall be viewed as newly constructed space.

(Ord. 375, 2004)

"Net parcel are" means the total horizontal area included within a lot, excluding areas within vehicular or pedestrian access easements.

(Ord. 375, 2004)

Maximum Building Footprint and Floor Areas

(Ord. 375, 2004)

CHAPTER 17.80 - LANDSCAPE WATER CONSERVATION STANDARDS

Sections:

This Chapter shall be known and may be cited as the Landscape Water Conservation Standards Ordinance of the City of Clayton for the purpose of implementing within Clayton the Water Conservation in Landscaping Act of 2006 and the implementation of Executive Order B-29-15.

Certain words and phrases are defined within this chapter and the definitions herein apply to this chapter only. Where it appears from the context of such words, phrases, or provisions that a different meaning is intended, the definition shall be determined by the Community Development Director.

A.

"Applicant" means the individual or entity submitting a Landscape Project Application (LPA) required under Section 17.80.040 of this chapter to request a permit, plan check, or design review from the City of Clayton, or requesting new or expanded water service from the local water district. A project applicant may be the property owner or his or her designee.

B.

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

C.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from an irrigation system.

D.

"Certified irrigation system auditor" means a person certified by the U.S. Environmental Protection Agency's WaterSense Irrigation Partners Program.

E.

"Control valve manifold" a series of control valves plumbed together in one central spot for distribution to sprinkler heads.

F.

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

G.

"Emission Device" means any device that is contained within an irrigation system that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, bubblers, and drip irrigation emitters.

H.

"Estimated Total Water Use (ETWU)" means the estimated total water used for the landscape, as described in the City of Clayton Water Allowance Work Sheet.

I.

"ET adjustment factor (ETAF)" means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency which are two (2) major influences upon the amount of water that needs to be applied to the landscape. ETAF for Special Landscape Area shall be 1.0.

J.

"ETO" stands for Reference Evapotranspiration, and means the water loss from a large field of four (4) to seven (7) inch-tall, cool-season grass that is not water stressed. Local ETo numbers can be found through the California Irrigation Management Information System (CIMIS).

K.

"Evapotranspiration" means the combination of water transpired from plants and evaporated from the soil and plant surfaces.

L.

"Flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hours, or cubic feet per second.

M.

"Flow sensors" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

N.

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy body wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes.

O.

"Geometry" means the size, shape, and angles of an area.

P.

"Hardscape" means any durable material (pervious and non-pervious).

Q.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. This ordinance uses the publication Water Use Classification of Landscape Species (WUCOLS) to determine a plant's water needs. A hydrozone may be irrigated or non-irrigated.

R.

"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in such a manner with the Irrigation Association's Landscape Auditor Certification program or other U.S. Environmental Protection Agency "WaterSense" labeled auditing program.

S.

"Irrigation efficiency (IE)" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this chapter is seventy-five percent (75%) for overhead spray devices and eighty-one percent (81%) for drip or bubbler systems. Greater irrigation efficiency can be expected from well-designed and well-maintained systems.

T.

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to, inspection, system test, and recommendations to improve performance of the irrigation system.

U.

"Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

V.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel, or stone walks, or other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

W.

"Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

X.

"Landscape water audit" means an in-depth evaluation of the installed landscape to verify the landscape complies with the Water-Efficient Landscape Standards of the City of Clayton Landscape Water Conservation Standards Ordinance, and completes the Certificate of Compliance for a landscape water audit.

Y.

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

Z.

"Master Shut-Off Valve" means an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system.

AA.

"Maximum Applied Water Allowance (MAWA)" means the upper limit of annual applied water for the established landscaped area, as specified in the City of Clayton Water Allowance Work Sheets.

BB.

"Medians" mean any planting area that separated traffic lanes on streets and parking areas in parking lots.

CC.

"Mulch" means any organic material, such as leaves, bark, straw or compost; or inorganic mineral materials, such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

DD.

"Non-Permeable" means any surface or material that will not allow the passage of water through that surface or material and into the underlying soil at a rate that ensures run-off will not occur.

EE.

"Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

FF.

"Overhead irrigation" means systems that deliver water through the air (e.g., sprayheads and rotors).

GG.

"Overspray" means the irrigation water that is delivered beyond the target area.

HH.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

II.

"Plant factor" or "plant water use factor" is a factor that, when multiplied by ETo, estimates the amount of water needed by plants. The plant factors for this chapter are from the WUCOLS publication.

JJ.

"Precipitation rate" for this chapter means the rate of application of water measured in inches per hour.

KK.

"Project" means the total area comprising the landscape area, as defined in this chapter.

LL.

'Rain switch" or "rain sensing shutoff device" means a component that automatically suspends an irrigation event when it rains.

MM.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters that affect the water use of plants.

NN.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design review, or requires a new or expanded water service application.

OO.

"Retail water supplier" means any entity, including a public agency, city, county, district or private water company that provides retail water service.

PP.

"Runoff" means water that is not absorbed by the soil or landscape to which it is applied and that flows from the landscape area.

QQ.

"Smart irrigation controllers" means controllers using weather information or soil moisture readings along with site information to automatically adjust the irrigation schedule on a daily basis.

RR.

"Soil moisture sensor" or "soil moisture sensing device" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

SS.

"Special Landscape Area (SLA)" means an area of the landscape dedicated solely to edible plants, such as vegetable gardens or orchards, areas irrigated with recycled water, water features using recycled water, cemeteries, and areas dedicated to active play, such as parks, sports fields, and golf courses where turf provides a playing surface.

TT.

"Sprinkler head" means a device that delivers water through a nozzle.

UU.

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

VV.

"Turf" means a ground cover surface of mowed grass. Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are examples of cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are examples of warm-season grasses.

WW.

"Valve" means a device used to control the flow of water in the irrigation system.

XX.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).

YY.

"WUCOLS" means the Water Use Classification of Landscape Species, published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. (WUCOLS) report is available at: http://www.water.ca.gov?wateruseefficiency/publications/. Search for WUCOLS, and then go to Part 2 WUCOLS III* 1999 Edition.

After January 5, 2017, the indicated provisions of this chapter shall apply to landscape projects as follows:

A.

Developer Projects: New landscape development for commercial, multi-family, and single family projects with irrigated landscape areas cumulatively equal to or greater than five hundred (500) square feet and rehabilitated landscape development for commercial, multi-family, and single family projects with irrigated landscape areas cumulatively equal to or greater than two thousand five hundred (2,500) square feet, requiring a building permit, grading permit, plan check, or design review shall complete the Landscape Project Application (LPA) described in Section 17.80.040, and comply with all other Sections of this chapter.

B.

Municipality and Public Agency Projects: New projects designed and installed by the City of Clayton with irrigated landscape areas cumulatively equal to or greater than five hundred (500) square feet and rehabilitated projects designed and installed by the City of Clayton with irrigated landscape areas cumulatively equal to or greater than and two thousand five hundred (2,500) square feet shall comply with Sections 17.80.050, 17.80.060, 17.80.070, 17.80.080, 17.80.090, and 17.80.100.

C.

Owner-Directed Single Family Projects: New owner-directed single family projects with irrigated landscape area cumulatively equal to or greater than five hundred (500) square feet and rehabilitated owner-directed single family projects with irrigated landscape areas cumulatively equal to or greater than two thousand five hundred (2,500), requiring a building permit, grading permit, plan check, or design review shall complete the Landscape Project Application (LPA) described in Section 17.80.040, and comply with all other Sections, except Section 17.80.090, of this chapter.

D.

Existing Landscapes: Existing landscapes are only subject to the provisions in Section 17.80.110, "Provisions for Existing Landscapes" and Section 17.80.120, "Public Education".

E.

The provisions of this chapter shall not apply to:

Landscapes that are only temporarily irrigated for establishment purposes and landscapes that are not irrigated with a permanent irrigation system.

2.

Registered local, state or federal historical sites, or as may otherwise be determined by the City Council.

3.

Community gardens, botanical gardens and arboretums open to the public.

17.80.040 - Landscape Project Application (LPA) Requirements.

Applicant shall choose one of the two (2) options below to comply with this chapter:

A.

Option A: Proposed landscape project does not include any:

1.

Water features with more than one hundred (100) square feet of total surface area; or

2.

Turf or other high water use plants, unless they qualify as a "Special Landscape Area". High water use plants are those designated as 'high water use' in the Water Use Classification of Landscape Species (WUCOLS) report[[4]] .

For this option, the applicant shall complete the following:

1.

Project Application Sheet.

2.

Certification Sheets.

3.

Landscape Plans (See Section 17.80.060);

4.

Maintenance Schedule (See Section 17.80.090).

B.

Option B: Proposed landscape project does include:

Water features with more than one hundred (100) square feet of total surface area; or

2.

Turf or other high water use plants not qualifying as a "Special Landscape Area". The Estimated Total Water Use (ETWU) for the proposed landscape shall not exceed the Maximum Applied Water Allowance (MAWA) for the site. The MAWA formula will use an ET Adjustment Factor of .50 for residential projects and an ET Adjustment Factor of .45 for non-residential projects.

For this option, the applicant shall complete the following:

1.

Project Application Sheet.

2.

Certification Sheets.

3.

Water Allowance Work Sheets.

4.

Landscape Plans (See Section 17.80.060).

5.

Maintenance Schedule (See Section 17.80.090).

An applicant requesting design review approval shall submit, at a minimum, a preliminary landscaping plan with the design review application; however, the applicant must submit all components of the Landscape Project Application (LPA) concurrently with the application for building permit or grading permit for the project.

The Community Development Director or his/her designee shall review each LPA for compliance with the provisions of this chapter and may withhold issuance of a building permit or grading permit for which its corresponding LPA does not comply with this chapter.

Footnotes:

--- ( 4 ) ---

Water Use Classification of Landscape Species (WUCOLS) report which is available at http://www.water.ca.gov?wateruseefficiency/publications/A Guide to Estimating, Part 2.

The proposed landscape design shall incorporate the most recent acceptable best management practices as determined by the City of Clayton for water-efficient landscape design and shall comply with the

following standards:

A.

Plant Design:

1.

Plants selected shall be well suited to the area's climate and the site's soil conditions.

2.

For residential areas, install climate adapted plants with an average WUCOLS plant factor of 0.3 for seventy-five percent (75%) of the plant area excluding edibles.

3.

For non-residential areas, install climate adapted plants with an average WUCOLS plant factor of 0.3 for one hundred percent (100%) of the plant area excluding edibles.

4.

The proposed landscape shall be designed so that distinct hydrozones are irrigated separately by one or more irrigation valves. A hydrozone is an area with similar sun exposure, irrigation precipitation rate, soil conditions, slope, and plant material with similar water needs. Refer to the WUCOLS report for plant water needs.

5.

Plants shall be spaced appropriately based on their expected mature spread.

6.

If the geometry of the planting area does not conform to the spray pattern of the sprinkler, resulting in overspray onto the adjacent pavement, then overhead irrigation shall not be used.

7.

Plants shall be spaced so that at mature size they do not block sprinklers.

8.

Turf shall not be planted on slopes steeper than fifteen percent (15%).

9.

Turf shall not exceed twenty-five percent (25%) of the landscape area for residential areas and there shall be no turf in non-residential areas.

10.

Turf shall not be planted in any medians or in areas narrower than 10'0".

11.

High water use plants with a WUCOLS plant factor of 0.7 to 1.0 are prohibited in street medians.

B.

Irrigation System. The irrigation systems design shall comply with the following requirements:

1.

Smart irrigation controller(s) utilizing all the features listed below shall be required on all irrigation systems:

a.

Daily evapotranspiration data or daily soil moisture sensor utilizing a rain sensor.

b.

Ability to maintain all data in the event of a power shortage.

2.

Specify a dedicated landscape water meter for residential landscapes with an irrigated area greater than five thousand (5,000) square feet, and a dedicated water meter for non-residential landscapes with an irrigated area greater than one thousand (1,000) square feet, or per retail water supplier regulations.

3.

Pressure regulators shall be installed on the irrigation systems to assure dynamic pressure is within the manufacturers recommended range.

4.

Manual shut-off valve shall be installed as close as possible to water supply connection.

5.

Manual shutoff valves shall be installed before each control valve manifold for residential irrigation systems.

6.

Manual shut-off valves shall be installed before each control valve manifold or individual control valve on non-residential irrigation systems.

7.

Recycled water shall be used for landscape irrigation if it is available at the project site.

Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

9.

All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards.

10.

Specify technology and practices to prevent runoff, low head drainage, overspray, or other water waste.

11.

Overhead irrigation shall not be permitted within twelve (12) inches of any non-permeable surface.

12.

Specify sprinkler heads and other emission devices that have matched precipitation rates within each irrigation zone. No irrigation zone shall specify a precipitation rate greater than 1.2 inches per hour. On slopes steeper than twenty-five percent (25%), the specified precipitation rate shall not exceed 0.75 inches per hour.

13.

Specify irrigation controls so the dynamic water pressure at sprinkler head or other emission device is within manufacturer's recommended optimal operating range.

14.

No overhead irrigation shall be specified in planting areas less than 10'0" wide in any dimension, unless demonstrated that water waste will not occur.

15.

Specify a manual shut-off valve for each point of connection and specify that each shut-off valve be identified on the controller map.

16.

Prepare a controller map and programming table and specify that this be stored in the controller cabinet. The controller map shall visually differentiate each controller zone. For each irrigation valve, the controller programming table shall list the plant water requirement (high, medium, low, or very low), the sun exposure, irrigation emission device type, precipitation rate, station flow rate, optimal pressure, soil type, infiltration rate, square foot area, and degree of slope.

17.

Each irrigation valve shall control irrigation to only one distinct hydrozone. A hydrozone is an area with similar sun exposure, irrigation precipitation rate, soil conditions, slope, and plant material with similar

water needs. Refer to the WUCOLS report for plant water needs.

18.

Specify a separate irrigation valve and hydrozone for the top of a slope and the bottom of a slope.

19.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

20.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscapes over five thousand (5,000) square feet or larger.

C.

Water Features:

1.

All water features shall have re-circulating water systems.

2.

Fountain(s) shall be designed so that no wind drift or overspray occurs.

D.

Grading and Soil Preparation. The landscape design shall:

1.

Include a soils management report for large landscape projects and multiple landscape installations (for production home developments a soil sampling of one in seven (7) lots or approximately fifteen percent (15%) will satisfy this requirement).

2.

Comply with Storm Water Control Plans Requirement (C.3.), if applicable.

3.

Be designed to improve or maintain the infiltration rate of landscape soils typical of their soil texture and minimize soil erosion.

4.

Be designed to avoid drainage onto non-permeable hardscapes within the property lines and prevent runoff of all irrigation and natural rainfall outside property lines.

5.

Soil amendments shall be incorporated according to recommendations of the soils report and what is appropriate for the plants selected

6.

For landscape installations that require rototilling, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area, to a depth of six (6) inches into the soil.

7.

Specify a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas unless there is a horticultural reason not to use mulch in a portion of the planting area. Mulch, such as shredded bark, shall be specified in bio-retention area and slopes, so that the material will stay in place during rain events.

The landscape plans shall demonstrate that all the water-efficient landscape standards have been met:

A.

The planting plan shall:

1.

Identify Special Landscape Areas. Special Landscape Areas include: landscape dedicated solely to edible plants, such as vegetable gardens or orchards, areas irrigated with recycled water, water features using recycled water, cemeteries, and areas dedicated to active play, such as parks, sports fields, and golf courses where turf provides a playing surface.

2.

Identify plants by their common and botanical names.

3.

Identify type and surface area of water features.

B.

The irrigation plan shall:

1.

Show the location and size of the landscape irrigation water meter.

2.

Show the location, type and size of all components of the irrigation system, including, but not limited to, controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices.

3.

Identify the static water pressure at the point of connection to the public water supply.

4.

Identify the flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station.

5.

Identify any applicable graywater discharge piping, system components, and areas of distribution.

C.

Landscape plans shall include details and specification reflecting the most recent acceptable best management practices as determined by the City of Clayton for water-efficient landscape design.

A landscape water audit shall be performed to ensure that the installed landscape meets the requirements of this chapter.

A.

A landscape water audit shall be conducted within thirty (30) days of the start of the landscape maintenance period or, if no maintenance period, then, immediately, upon completion of the landscape installation. An EPA WaterSense certified Irrigation System Auditor shall conduct the landscape water audit and submit a Certificate of Compliance, Landscape Water Audit sheet.

B.

The Landscape Auditor shall inform the applicant of all non-compliance issues with the Ordinance. This shall include, but not be limited to, all items listed on the Certificate of Compliance, Landscape Water Audit sheet.

C.

All non-compliance issues shall be repaired and the site shall be re-audited for compliance with the criteria of this chapter prior to final inspection/permit and final sign off.

Water Efficiency Landscape Checklist/Certification sheets will be part of the Landscape Project Application (LPA) requirements.

A.

The person(s) creating the landscape design shall complete the Certificate of Compliance, Landscape Design sheet certifying the landscape has been designed to comply with the criteria of this chapter.

B.

The Landscape Contractor/Installer shall complete the Certificate of Compliance. Landscape Installation sheet certifying the landscape has been installed, as specified in the Landscape Plans, and complies with the criteria of this chapter.

C.

The Landscape Auditor shall complete the Landscape Certificate of Compliance, Water Audit sheet certifying the landscape and irrigation systems have been installed, as specified in the Landscape Plans, and comply with the criteria of this chapter.

D.

The Maintenance Contractor/Person shall complete the Certificate of Compliance, Landscape Maintenance sheet certifying the landscape maintenance contractor agrees to manage the property using less water than the Maximum Applied Water Allowance.

E.

Standard applications are not required for Municipality and Public Agency Projects involving "City" projects conducted by City staff or City hired consultants and where certifications (i.e., Design, Installation, Maintenance, and Auditing) are needed, the City's Maintenance Supervisors may sign-off on them.

The landscape designer or installer shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices as determined by the City of Clayton for landscape maintenance. Schedules shall be submitted with the Certification of Completion.

A.

An annual landscape maintenance schedule shall include at least the following: routine inspection; adjustment and repair of the irrigation system and its components; aerating turf areas; replenishing mulch; seasonal pruning; weeding in all landscape areas; and removing obstructions to emission devices.

B.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

C.

Project shall be irrigated so that total annual water applied is less than or equal to the Maximum Applied Water Allowance (MAWA) (if applicable).

All applicable projects shall comply with the requirements of the National Pollutant Discharge Elimination System intended to implement storm water best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration.

This section applies to existing landscapes that were installed before January 5, 2017.

A.

Irrigation Survey and Irrigation Water Use Analysis. To ensure the efficient use of landscape water, each owner of property in the City of Clayton is encouraged to utilize resources and services, such as irrigation surveys and landscape water use analyses that are offered by the local retail or wholesale water utility.

B.

Water Waste Prevention. Each owner of property in the City of Clayton shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from the target landscape areas due to excessive irrigation or inappropriate run times related to time of day, seasonal and/or variable weather conditions, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, walks, roadways, parking lots, or structures.

A.

All new model homes that are landscaped shall use signs, brochures and other written information to demonstrate the principles of water-efficient landscapes that are described in this chapter. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

B.

The architectural guidelines of a common interest development which include homeowner associations, community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit activities or conditions that have the effect of allowing the use of low water use plants as a group.

C.

For new homes/commercial developments, applicant/owner is required to provide the irrigation controller map and programming table and annual maintenance schedules to new tenants or owners at transfer or ownership/maintenance responsibility.

D.

The City of Clayton shall provide on its website links to resources that offer information about the principals of designing, installing, and maintaining water-efficient landscapes. An example of a link is to the local

water utility, the Contra Costa Water District, and the landscape water conservation information that Agency offers.

A.

The City of Clayton shall submit annual reports to the Department of Water Resources using the Water Efficient Landscape Ordinance Reporting Form, which can be accessed through the Department of Water Resources website. All reports are due by January 31[st ] of each year.

(Ord. 470, 2016)

Chapter 17.90 - AFFORDABLE HOUSING DENSITY BONUS REQUIREMENTS

Sections:

The purpose of this Article is to establish a program in accordance with California Government Code § 65915 et seq. to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law. This Chapter shall be known and may be cited as the Affordable Housing Density Bonus Requirements Ordinance of the City of Clayton.

(Ord. 501, Exh. A, 1-16-2024)

17.90.020 - Applicability.

A.

General. All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915, as it may be amended from time to time.

B.

Compliance. The applicant shall comply with all requirements stated in California Government Code § § 65915 through 65918. The requirements of California Government Code § § 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

C.

Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code § 65915.

D.

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code § 65915. Any changes to California Government Code § 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law.

E.

Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code § 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.

(Ord. 501, Exh. A, 1-16-2024)

17.90.030 - Density Increase and Other Incentives.

A.

General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code § 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code § 65915 et seq., and incentives or concessions also as described in California Government Code § 65915 et seq.

B.

Density Bonus Units. Except as otherwise required by California Government Code § 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

C.

Market-rate senior citizen housing developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless California Government Code § 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. 501, Exh. A, 1-16-2024)

17.90.040 - Physical Constraints and Parking Waivers.

A.

Physical Constraints. Except as restricted by California Government Code § 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed

pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5, upon health and safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

B.

Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code § 65915(p), as that section may be amended from time to time.

(Ord. 501, Exh. A, 1-16-2024)

Consistent with the provisions of California Government Code § 65915 et seq., prior to a density increase or other incentives being approved for a project, an appropriate method of ensuring the continued availability of the density bonus units has been determined by the City.

(Ord. 501, Exh. A, 1-16-2024)

17.90.060 - Application Procedure for Density Increase or Other Incentives.

A.

Application Requirements. An application for a density increase or other incentives pursuant to this chapter for a housing development shall be submitted in writing to the Community Development Director to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development;

2.

The total number of housing units and/or shared housing units (as defined in California Government Code § 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms;

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4.

The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;

5.

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

6.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

7.

The proposed method of ensuring the continued availability of the density bonus units;

8.

Within zones that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses; and

9.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B.

Application Processing. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made pursuant to this chapter shall be considered by the Community Development Director or the Director's designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code § 65915 et seq.

(Ord. 501, Exh. A, 1-16-2024)

17.90.070—17.90.170 - Reserved.

Editor's note— Ord. No. 501, Exh. A, adopted January 16, 2024, repealed §§ 17.90.070—17.90.170.

An administrative fee shall be charged to the Applicant for City review of all materials submitted in accordance with this chapter and for on-going enforcement of the provisions of this chapter. The fee amount shall be established by City Council resolution and will be described in the City of Clayton Master Fee Schedule. Fees will be charged for staff time and materials associated with the following activities: Development review process; project marketing and lease-up; and, long-term compliance of the Affordable Housing Units.

(Ord. 501, Exh. A, 1-16-2024)

In the event it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in a rental Affordable Housing Unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or the City in the event the tenant cannot be located), any excess rent charges. In such an action, the City shall be entitled to recover its legal costs and reasonable attorney fees.

In the event it is determined that a sales price in excess of that allowed by operation of this chapter has been charged to an income-eligible household purchasing an ownership Affordable Residential Unit, the City may take the appropriate legal action to recover, and the Affordable Residential Unit seller shall be obligated to pay to the purchaser (or to the city in the event the purchaser cannot be located), any excess sales costs. In such an action, the City shall be entitled to recover its legal costs and reasonable attorney fees.

(Ord. 426, 2010; Ord. 501, Exh. A, 1-16-2024)

Chapter 17.92 - INCLUSIONARY HOUSING REQUIREMENTS

Sections:

It is the intent of this chapter to establish standards and procedures that facilitate the development and availability of housing affordable to a range of households with varying income levels to implement the City's Housing Element and as mandated by Government Code § 65580. The purpose of this chapter is to encourage the development and availability of such housing by ensuring the addition of affordable housing units to the City's housing stock is in proportion with the overall increase in new housing units.

(Ord. 484, § 2(Exh. A), 2019)

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

A.

"Affordable Housing Costs" means

1.

For Very Low-Income Households, the product of thirty percent (30%) times fifty percent (50%) of the area median income adjusted for family size appropriate for the unit.

2.

For Low-Income Households, the product of thirty percent (30%) times seventy percent (70%) of the area median income adjusted for family size appropriate for the unit.

3.

For Moderate Income Households, Affordable Housing Cost shall not be less than twenty-eight percent (28%) of the gross income of the household, nor exceed the product of thirty-five percent (35%) times one hundred and ten percent (110%) of area median income adjusted for family size appropriate for the unit.

B.

"Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks City approvals for all or part of a Residential Development. The term "Developer" also means the owner or owners for any such property for which such approvals are sought.

C.

"Director" means the City's Director of Community Development.

D.

"Discretionary Approval" means any entitlement or approval, including but not limited to a use permit, variance, design approval, and subdivision map.

E.

"Inclusionary Housing Agreement" means a legally binding, written agreement between a Developer and the City, in form and substance satisfactory to the Director and City Attorney, setting forth those provisions necessary to ensure that the requirements of this chapter, whether through the provision of Inclusionary Units or through an alternative method, are satisfied.

F.

"Affordable Housing Plan" means the plan referenced in Section 17.92.050.

G.

"Inclusionary Housing Fund" shall have the meaning set forth in Section 17.92.080(a).

H.

"Inclusionary Units" means a dwelling unit developed pursuant to an Inclusionary Housing Agreement that will be offered for-sale or rent to Very Low, Low and Moderate Income Households, at an Affordable Housing Cost, pursuant to this chapter.

I.

"Low Income Households" means households who are not very low income households but whose gross income does not exceed the qualifying limits for lower income families as established from time to time pursuant to Section 8 of the United States Housing Act for Contra Costa County as set forth in Title 25 of the California Code of Regulations, Section 6932, or its successor provision and adjusted for family size and other factors by the United States Department of Housing and Urban Development.

J.

"Low Income Units" means Inclusionary Units restricted to occupancy by Low Income Households at an Affordable Housing Cost.

K.

"Moderate Income Households" means households who are not low income households but whose gross income does not exceed one hundred and twenty percent (120%) of the median income for Contra Costa County, adjusted for family size and other factors by the U.S. Department of Housing and Urban Development, as published annually in Title 25 of the California Code of Regulations, Section 6932, or its successor provision.

L.

"Moderate Income Units" means Inclusionary Units restricted to occupancy by Moderate Income Households at an Affordable Housing Cost.

M.

"Residential Development" means the construction of new projects requiring any specific plan, development agreement, planned unit development permit, tentative map, minor subdivision, conditional use permit, site plan review or building permit for which an application has been submitted to the City and which would create one or more additional dwelling units as defined and counted by the State Department of housing and Community Development (HCD) to be offered for-sale or rent by the construction or

alteration of structures. All new construction projects creating one or more additional dwelling units to be offered for-sale or rent on contiguous parcels of land by a single Developer shall constitute a single Residential Development subject to the requirements of this Ordinance, and any accompanying regulations, regardless of whether such projects are constructed all at once, serially, or in phases. The term "Residential Development" shall include the conversion of rental units to for-sale units.

N.

"Unrestricted Units" means those dwelling units in a Residential Development that are not Inclusionary Units.

O.

"Very Low Income Households" means households whose gross income does not exceed the qualifying limits for very low income families as established from time to time pursuant to Section 8 of the United States Housing Act for Contra Costa County as set forth in Title 25 of the California Code of Regulations, Section 6932, or its successor provision and adjusted for family size and other factors by the United States Department of Housing and Urban Development, adjusted for family size and other factors by the United States Department of Housing and Urban Development.

P.

"Very Low Income Units" means Inclusionary Units restricted to occupancy by Very Low Income Households at an Affordable Housing Cost.

(Ord. 484, § 2(Exh. A), 2019)

17.92.020 - Applicability.

This chapter shall apply to all Residential Developments, except as provided below.

A.

Residential Developments proposed to contain less than ten (10) dwelling units.

B.

Residential Developments that obtained a current, valid building permit prior to the effective date of the ordinance adding this Chapter.

C.

Any Residential Development, of ten (10) or more units, which is damaged or destroyed by fire or natural catastrophes shall be subject to the inclusionary housing requirements in effect at the time the Residential Development was originally approved, so long as the use of the reconstructed building and number of dwelling nits remain the same and the cost of such rehabilitation constitutes no more than fifty percent (50%) of its reasonable market value at the time of destruction or damage. Therefore, a Residential Development that requires reconstruction as described in this paragraph and was originally approved prior to the effective date of the ordinance adding this chapter shall not be subject to any inclusionary housing requirements, and a Residential Development that was originally approved after the effective date of this Ordinance adding this chapter shall continue to comply with the inclusionary housing requirements imposed on that Residential Development at the time of its original approval of the Residential Development.

(Ord 484, § 2(Exh. A), 2019)

17.92.030 - Inclusionary Unit Requirement.

A.

If the Residential Development includes ten (10) or more units, a minimum of ten percent (10%) of all newly constructed dwelling units in the Residential Development shall be developed, offered to and sold or rented to Very Low, Low and Moderate Income Households, in a ratio determined pursuant to Section 17.92.060, at an Affordable Housing Cost.

B.

The Inclusionary Unit requirement set forth in this section may be reduced as follows: If only Low Income Units are provided in lieu of any Moderate Income units, a credit of one and one-half (1.5) units to every one unit shall be provided. However, the credits may only be applied to the extent such credit equals a whole number.

C.

In the event the calculation for the number of Inclusionary Units results in a fraction of an Inclusionary Unit, the Developer shall have the option of either: (i) providing a full Inclusionary Unit at Affordable Housing Costs; or (ii) making an in lieu payment to the Inclusionary Housing Fund in an amount equal to the percentage represented by the fractional unit multiplied by the applicable in lieu fee.

D.

The number of Inclusionary Units required for a particular project will be determined at the time a land use application is filed by the Developer for a Residential Development with the City. If a change in the subdivision design results in a change in the total number of units, the number of Inclusionary Units required will be recalculated to coincide with the final approved project.

E.

For purposes of calculating the number of Inclusionary Units required by this section, any additional units authorized as a density bonus under Chapter 17.90 and California Government Code Section 65915(b)(1) or (b)(2) will not be counted in determining the required number of Inclusionary Units.

F.

The number of Affordable Housing units that are provided in order to secure a density bonus under Chapter 17.90 and California Government Code Section 65915(b)(1) or (b)(2) will be counted toward the required number of Inclusionary Housing Units.

(Ord 484, § 2(Exh. A), 2019)

In lieu of including the Inclusionary Units in the Residential Development pursuant to Section 17.92.030, the requirements of this chapter may be satisfied through the following alternatives set forth in this section.

A.

Off-Site. As an alternative to providing Inclusionary Units upon the same site as the Residential Development, the Developer may elect, with the City Council's approval, which may be granted or denied in its, sole discretion to construct Inclusionary Units off-site subject to the following requirements:

1.

If the Developer constructs units off-site, the percentage of required Inclusionary Units shall be increased to fifteen percent (15%).

2.

The site of the Inclusionary Units has a General Plan designation that authorizes residential uses and is zoned for Residential Development at a density to accommodate at least the number of otherwise required Inclusionary Units, including the additional five percent (5%) for development off-site, within the Residential Development. The Developer shall obtain all required Discretionary Approvals and complete all necessary environmental review of such site.

3.

The site is suitable for development of the Inclusionary Units in terms of configuration, physical characteristics, location, access, adjacent uses, and other relevant planning and development criteria.

4.

Environmental review for the site has been completed for the presence of hazardous materials and geological review for the presence of geological hazards and all such hazards are or shall be mitigated to the satisfaction of the City prior to acceptance of the site by the City.

5.

The construction schedule for the off-site Inclusionary Units shall be included in the Affordable Housing Plan and the Inclusionary Housing Agreement.

6.

Construction of the off-site Inclusionary Units shall be completed prior to the issuance of the first certificate of occupancy of the Residential Development.

7.

Unless otherwise noted, all requirements applicable to on-site Inclusionary Units shall apply to off-site Inclusionary Units.

B.

In Lieu Fee. For Residential Developments proposing ten (10) or more units, the Developer may request within the proposed Inclusionary Housing Plan to pay a fee in lieu of all or some of the Inclusionary Units otherwise required by the Ordinance in lieu of developing Inclusionary Units on-site. Developer's request may be approved or denied by the Council in its sole discretion. The fee shall be charged for each unit or fraction of a unit as set forth in Section 17.92.030(c), and the fee shall be paid as follows:

1.

The amount of the fee to be paid by Developer pursuant to this subsection shall be the fee schedule established by Resolution of the City Council, and as adjusted from time to time by Resolution of the City Council.

2.

One-half (1/2) of the in-lieu fee required by this subsection shall be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the Residential Development. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the Residential Development.

3.

The fees collected shall be deposited in the Inclusionary Housing Fund.

4.

No certificate of occupancy shall be issued for any corresponding Unrestricted Units in a Residential Development unless fees required under this section have been paid in full to the City.

C.

Land Dedication. In lieu of building Inclusionary Units, a Developer may request to dedicate land to the City suitable for the construction of Inclusionary Units that the City Council reasonably determines to be equivalent or greater value than is produced by applying the City's in lieu fee to the Developer's inclusionary obligation and otherwise meets the following standards and requirements:

1.

Marketable title to the site is transferred to the City, or an affordable housing developer approved by the City, prior to the commencement of construction of the Residential Development pursuant to an agreement between the Developer and the City and such agreement is in the best interest of the City.

2.

The site has a General Plan designation that authorizes residential uses and is zoned for Residential Development at a density to accommodate at least the number of otherwise required Inclusionary Units within the Residential Development, and conforms to City development standards.

3.

The site is suitable for development of the Inclusionary Units in terms of configuration, physical characteristics, location, access, adjacent uses, and other relevant planning and development criteria including, but not limited to, factors such as the cost of construction or development arising from the nature, condition, or location of the site.

4.

Infrastructure to serve the dedicated site, including but not limited to streets and public utilities, must be available at the property line and have adequate capacity to serve the maximum allowable Residential Development pursuant to zoning regulations.

5.

Environmental review of the site has been completed for the presence of hazardous materials and geological review for the presence of geological hazards and all such hazards are or will be mitigated to the satisfaction of the City prior to acceptance of the site by the City.

6.

The City shall not be required to construct restricted income units on the site dedicated to the City, but may sell, transfer, lease, or otherwise dispose of the dedicated site. Any funds collected as the result of a sale, transfer, lease, or other disposition of sites dedicated to the City shall be deposited into the Inclusionary Housing Fund.

(Ord 484, § 2(Exh. A), 2019)

A.

At the times and in accordance with the standards and procedures set forth herein, Developer shall:

1.

Submit an Inclusionary Housing Plan, setting forth in detail the manner in which the provisions of this chapter will be implemented for the proposed Residential Development. If land dedication or off-site units are proposed, the Inclusionary Housing Plan shall include information necessary to establish site location, suitability, development, constraints, and the number of Inclusionary Units assigned pursuant to this chapter. Inclusionary Housing Plans that satisfy the express requirement of Section 17.92.030 may be approved by the Director. Inclusionary Housing Plans that include alternatives as set for the in Section 17.92.040 must be approved by the City Council.

2.

Execute and cause to be recorded an Inclusionary Housing Agreement, unless Developer is complying with this chapter pursuant to Section 17.92.040(b) (in lieu fee) or Section 17.92.040(c) (land dedication).

B.

No Discretionary Approval shall be issued for all or any portion of a Residential Development subject to this chapter until the Developer has submitted an Inclusionary Housing Plan.

C.

No building permit shall be issued for the Residential Development, or any portion thereof, subject to this chapter unless the City Council has approved the Inclusionary Housing Plan and the Inclusionary Housing Agreement (if required) is recorded.

D.

No certificate of occupancy shall be issued for the Residential Development, or any portion thereof, subject to this chapter unless the approved Inclusionary Housing Plan has been fully implemented.

E.

The City Manager or designee may establish and amend policies for the implementation of this chapter. (Ord 484, § 2(Exh. A), 2019)

A.

Inclusionary Units shall be reasonably dispersed throughout the Residential Development; shall be proportional, in number of bedrooms, to the Unrestricted Units. If the Residential Development offers a variety of unit plans with respect to design, materials and optional interior amenities, the Inclusionary Units shall be identical with the Residential Development's base-plan in terms of design, appearance, materials, finished quality and interior amenities. If multiple floor plans with the same number of bedrooms are proposed, the Inclusionary Units may be the units with the smaller floor plans.

B.

All Inclusionary Units in a Residential Development shall be constructed concurrently with or prior to the construction of the Unrestricted Units. In the event the City approves a phased project, the Inclusionary Units required by this chapter shall be constructed and occupied in proportion to the number of units in each phase of the Residential Development. In no case shall an Affordable Housing Unit be the final dwelling unit issued a Certificate of Occupancy of a Residential Development or its approved phase(s).

C.

Inclusionary Units shall be sold to Low and Moderate Income Households or rented to Very Low, Low, and Moderate Income Households at a ratio established pursuant to a Resolution adopted by the City Council, and shall be provided at the applicable Affordable Housing Cost.

D.

The number of bedrooms must be the same as those in the Unrestricted Units, except that if the Unrestricted Units provide more than four (4) bedrooms, the Inclusionary Units need not provide more than four (4) bedrooms.

E.

Inclusionary Units shall prohibit subsequent rental occupancy (for for-sale units) or subletting (for rental units), unless approved for hardship reasons by the City Manager or designee. Such hardship approval shall include provision for United States military personnel who are required to leave the country for active military duty.

F.

Prior the development of any units in a Residential Development, a deed restriction or other enforceable obligation approved by the City Attorney shall be recorded limiting the Developer and any successors, whenever an Inclusionary Unit is sold or leased, to sell such unit to persons meeting the income eligibility requirements for Very Low, Low and Moderate Income Households as applicable for a period of fifty-five (55) years.

(Ord 484, § 2(Exh. A), 2019)

A.

The provisions of this chapter shall apply to all Developers and their agents, successors and assigns proposing a Residential Development. All Inclusionary Units shall be sold or leased in accordance with this chapter. It shall be a misdemeanor to violate any provision of this chapter. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person an Inclusionary Unit under this chapter at a price exceeding the maximum allowed under this chapter or to sell or rent an Inclusionary Unit to a Household not qualified under this chapter. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which he or she is not eligible.

B.

Any individual who sells, rents, or sublets an Inclusionary Unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund.

C.

The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including but not limited to: (1) actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; (2) civil actions for injunctive relief or damages; (3) actions to recover from any violator of this chapter civil fines, restitution to prevent unjust enrichment, and/or enforcement costs; and (4) any other action, civil or criminal, authorized by law or by any regulatory document, restriction, or agreement under this chapter.

D.

In any action to enforce this chapter or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs.

E.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any person, owner, Developer or household from the requirements of this chapter.

F.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it would otherwise be entitled under law or equity.

(Ord 484, § 2(Exh. A), 2019)

A.

Inclusionary Housing Fund. There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Fund. All monies collected pursuant to 17.92.040, 17.92.060 and 17.92.070 shall be deposited in the Inclusionary Housing Fund. Additional monies from other sources may be deposited in the Inclusionary Housing Fund. The monies deposited in the Inclusionary Housing Fund shall be subject to the following conditions:

1.

Monies deposited into the Inclusionary Housing Fund must be used to increase and improve the supply of housing affordable to Very Low, Low, and Moderate, Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this section.

2.

The fund shall be administered, subject to the approval by the City Manager, by the Director of Community Development, or his or her designee, who may develop procedures to implement the purposes of the Inclusionary Housing Fund consistent with the requirements of this chapter and through the adopted budget of the City.

3.

Monies deposited in accordance with this section shall be used in accordance with the City's Housing Element, or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, or other public-private partnership arrangements. The Inclusionary Housing Fund may be used for the benefit of both rental and owner-occupied housing. In no case is the City obligated to actually construct affordable housing units on its own.

B.

Administrative Fees. The City Council may by Resolution establish reasonable fees and deposits, which shall fund the City's costs associated with the administration and monitoring of the Inclusionary Units and administration of the Inclusionary Housing Fund.

C.

Appeal. Within ten (10) calendar days after the date of any decision of the Director under this chapter, an appeal may be filed with the City Clerk. Within ninety (90) calendar days of the request for an appeal is filed or a later time as agreed to by the appellant, the City Council shall consider the appeal. The City Council's decision shall be final.

D.

Waiver.

1.

Notwithstanding any other provision of this chapter, the requirements of this chapter may be waived, adjusted, or reduced if a Developer shows, based on substantial evidence, that there is no reasonable relationship between the impact of a proposed Residential Development and the requirements of this chapter, or that applying the requirements of this chapter would take property in violation of the United States or California Constitutions.

2.

Any request for a waiver, adjustment, or reduction under this section shall be submitted to the City concurrently with the Affordable Housing Plan required by Section 17.92.050. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

3.

The request for a waiver, adjustment, or reduction shall be reviewed and considered in the same manner and at the same time as the Affordable Housing Plan, and is subject to the appeal process in subsection (c) above.

4.

In making a determination on an application for waiver, adjustment, or reduction, the Developer shall bear the burden of presenting substantial evidence to support the claim. The City may assume each of the following when applicable:

a.

That the Developer will provide the most economical Inclusionary Units feasible, meeting the requirements of this chapter and any implementing regulations.

b.

That the Developer is likely to obtain housing subsidies when such funds are reasonably available.

The waiver, adjustment or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section.

(Ord. 464, 2016; Ord 484, 2(Exh. A), 2019)

Chapter 17.95 - MEDICAL AND ADULT-USE CANNABIS REGULATIONS

Sections:

For purposes of this code, the following definitions shall apply.

A.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also includes marijuana as defined by Section 11018 of the Health and Safety Code. Cannabis also includes "cannabis" as defined in Business and Professions Code, Section 26001, as may be amended from time to time.

B.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

C.

"Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

D.

"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the state distributor license(s), including, but not limited to, cannabis storage, quality control and collection of state cannabis taxes.

E.

"Cannabis manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. "Cannabis manufacture" includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

F.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical

product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include "cannabis products" as defined in Business and Professions Code, Section 26001, as may be amended from time to time.

G.

"Cannabis retailer" means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. For purposes of this Code, the term "cannabis retailer" includes microbusinesses as well as nonprofits licensed under Business and Professions Code, Section 26070.5. For purposes of this Code, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to Health and Safety Code Sections 11362.5 and/or 11362.775, as may be amended.

H.

"Cannabis testing laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

1.

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and

2.

Licensed by the Bureau of Cannabis Control.

I.

"Commercial cannabis uses" includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, as may be amended from time to time, and include any activity that requires a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as may be amended from time to time. Commercial cannabis activity does not include possession or cultivation for personal use in strict accordance with Health and Safety Code, Section 113625.1 et seq.

J.

"Indoor" means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

K.

"Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

L.

"Personal cannabis cultivation or cultivation for personal use" means cannabis cultivation for personal, noncommerical purposes, that is not sold, and in strict accordance with Health and Safety Code, Section 11362.1 et. seq. Personal cultivation by qualified patients and primary caregivers is further subject to the restrictions set forth in Business and Professions Code Section 26033.

M.

"Private residence" means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

(Ord. No. 492B, § 3, 12-7-2021)

17.95.020 - Personal Cannabis cultivation.

Personal cannabis cultivation is permitted subject to the following restrictions:

A.

No more than six (6) cannabis plants may be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, at a private residence at one time regardless of the number of individuals residing at the residence.

B.

The cannabis plants shall not be visible from a public right-of-way or other public place.

C.

Structures and equipment used for cultivation, such as indoor grow lights, shall comply with all applicable building, plumbing, electrical and fire code regulations as adopted by the city.

D.

For outdoor cultivation: All cannabis plants cultivated outdoors must be enclosed by fencing, and all gates and other points of entry to the outdoor growing area must be locked at all times.

E.

Nothing in this section shall authorize commercial cultivation of cannabis.

(Ord. No. 492B, § 3, 12-7-2021)

17.95.030 - Medical and Adult-Use Commercial Cannabis Uses.

A.

All commercial cannabis uses, as defined in Section 17.95.010, are prohibited from establishing or operating within the City of Clayton.

1.

Exception for deliveries from licensed cannabis retailers. Cannabis retailers, whether medical or adult-use, are prohibited in the City; however, delivery of cannabis and cannabis products from cannabis retailers located outside of the City of Clayton is allowed, subject to the following restrictions:

a.

Only cannabis retailers that are licensed under the applicable laws of the state of California to provide cannabis deliveries, including but not limited to, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Section 26000 et seq.), and operating in compliance with the applicable laws and regulations of the local jurisdiction in which the cannabis retailer is physically located may provide or provide for delivery of cannabis or cannabis products to customers in the City of Clayton.

b.

All employees of a cannabis retailer delivering cannabis or cannabis products shall carry a copy of the licensee's current state license, a government-issued driver's license, an employee identification card containing a name and picture, and City of Clayton business license issued pursuant to Chapter 5.04 of this Code. Delivery drivers shall also carry a copy of the delivery request and the delivery request shall comply with state and federal law regarding the protection of confidential medical information.

c.

No cannabis or cannabis products may be stored in the City.

d.

All cannabis or cannabis products' deliveries require signature and proof of identification for the individual signing for it. Porch drop offs are not allowed.

e.

Residential deliveries to a physical address only.

(Ord. 479, § 6(Exh. A), 2017)