Chapter 17.36 — APPLICATION PROCESSING PROCEDURES — Colfax Zoning Code

17.36.010 - Purpose. ¶

The purpose of this chapter is to address the processing of an application for a permit or variance from the time it is submitted to the planning department, including acceptance as complete, through issuance of the permit or approval of the variance. This chapter also addresses the process for modifying and extending permit approvals.

(Ord. No. 519, 8-8-2012)

17.36.020 - Application submittal. ¶

An application for a permit, variance, a permit modification or extension, or other approval required by this title shall be submitted to the planning department on an application form provided by the planning department, and shall include the consent of the lawful owner of record, fees as established by the city council, plans, maps, and any information required by the department at the time the application is submitted. Any application involving property which is determined to carry arrearages to the City of Colfax may, at the discretion of the city manager, be refused. Approvals granted for an application which was submitted containing false or inaccurate information which the applicant knew or should have known, was false or inaccurate, shall be declared null and void and subject to immediate revocation.

(Ord. No. 519, 8-8-2012)

17.36.030 - Eligible applicants. ¶

A permit application may be filed by:

A.

The lawful owner of record of the parcel, or their duly authorized agents.

B.

A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted upon request of the planning department.

(Ord. No. 519, 8-8-2012)

17.36.040 - Submittal requirements. ¶

Every application for a permit shall include the following information:

A.

A description including maps, plans, and other relevant data, of the proposed development, project site and vicinity sufficient to determine whether the project complies with the requirements of these regulations, including sufficient information concerning the existing use of land and water areas in the vicinity of the site of the proposed project insofar as the applicant can reasonably ascertain for the vicinity surrounding the project site.

B.

A description of the applicant's interest in the property upon which work is to be performed.

C.

A dated signature by the property owner, or owners, authorizing the processing of the application, and, if so desired by the property owner, authorizing a representative to bind the property owner to matters concerning the application.

D.

Such other or additional information that the planning director may deem necessary in his or her discretion to determine whether the development as applied for, is consistent with the city's general plan and these regulations.

(Ord. No. 519, 8-8-2012)

17.36.050 - Application acceptance and initial review. ¶

The planning department shall review all applications for compliance with the submittal requirements. In order to be accepted for processing, an application shall include the required application, filing fees, and plans as defined in Section 17.36.040. Applications submitted without the required information and fees are not required to be accepted for processing.

(Ord. No. 519, 8-8-2012)

17.36.060 - Project referral. ¶

Upon receipt of an application, the planning department shall refer copies of the application to any city department, local, state or federal agency or other individual or group that the department believes may have relevant authority or expertise on the proposed project.

(Ord. No. 519, 8-8-2012)

17.36.070 - Project evaluation meeting. ¶

Upon completion of the project referral, and prior to accepting an application as complete, the planning director shall determine whether a project evaluation meeting (PEM) is needed. If it is determined a PEM is needed, a PEM will be scheduled with the applicant, the development review committee and any agencies having jurisdiction over or providing services to the project site as deemed necessary by the planning director. The purpose of the meeting is to discuss:

A.

The status of application acceptance;

B.

The provision of services to the subject site;

C.

Compliance with the provisions of the general plan, any applicable specific plan and this title; and

D.

Compliance with other city standards.

(Ord. No. 519, 8-8-2012)

17.36.080 - Acceptance as complete. ¶

After submittal of the application, and within the time period required by state law, a determination shall be made as to whether or not the application is complete. Upon completion of the referral period or the PEM, when a PEM is held, a letter shall be sent to the applicant finding that all the submittal requirements have been satisfied and that the application has been accepted as complete, or itemizing any information which is necessary to complete the application. The letter shall also address areas in which the submitted plans

are not in compliance with city standards and requirements and may address areas where the city believes the application does not conform to state or federal standards. The applicant may appeal the determination pursuant to Chapter 17.44 that additional information is necessary to the approval authority for the permit requested. If additional information is required and the application is not made complete within six months of application submittal, then the application shall be deemed withdrawn and no action will be taken on the application.

Permits which require approval of an amendment to this title or the general plan shall be processed concurrent with the legislative action, but the application for such permits shall not be deemed to be complete unless and until the legislative action becomes effective.

Upon acceptance of the application as complete, the planning department shall determine whether the proposed project qualifies for a CEQA exemption or conduct an initial study pursuant to CEQA to evaluate the environmental impacts associated with the proposed project. The planning department shall then prepare and, if required, circulate for public review, the appropriate environmental document.

(Ord. No. 519, 8-8-2012)

17.36.090 - Application review. ¶

Public notice of any meetings or hearings shall be given in accordance with Chapter 17.40. A written report and recommendations for action shall be prepared by the planning department and shall be mailed or delivered to the approval authority, the property owner and the applicant not less than three days prior to the public hearing or action on the application.

(Ord. No. 519, 8-8-2012)

17.36.100 - Approval authority action. ¶

The approval authority shall approve, conditionally approve, or deny the proposed permit or variance in accordance with the requirements of this title. In acting on a permit or variance, the approval authority shall make the applicable findings set forth in Section 17.40.070. An action of the approval authority may be appealed in accordance with the appeal procedures set forth in Chapter 17.44.

(Ord. No. 519, 8-8-2012)

17.36.110 - Notice of action. ¶

Within five working days of the action by the approval authority, a notice of action shall be mailed to the applicant at the address appearing on the application or to such other address designated in writing by the applicant. The notice shall contain the following information:

A.

The action taken by the approval authority.

B.

Any conditions of approval.

C.

The permit expiration date and extension or renewal requirements.

D.

2.

With regard to a land use permit not associated with the construction or modification of property, building(s), or structure(s), the land use shall be effectuated when the use is initiated in substantial compliance with all applicable conditions, ordinances or resolutions in effect at the time the application was deemed complete.

B.

A land use permit modification subsequently approved under a separate action from the original permit, where the original approval has not been effectuated as aforementioned, is subject to the original expiration date associated with the original land use permit. However, in the event the original approval has been effectuated prior to action on the land use permit modification, then such land use permit modification shall be subject to the expiration date as stated within its conditions of approval and shall additionally be subject to above subsections 17.36.150A.12.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.36.160 - Diligent pursuit required after effectuation. ¶

Following the initial approval of either the land use or construction permits described in Section 17.36.150, the planning director, or building official to whom the planning director delegates appropriate authority, shall ensure that adequate security is tendered by the permit applicant to ensure that the project is diligently pursued. If, in the judgment of the planning director, the project is not being diligently pursued to completion, the planning director may require the applicant to submit a schedule for completion of construction. If, in the opinion of the planning director, the schedule for completion of construction does not demonstrate substantial compliance with the conditions of approval, the planning director may initiate revocation or modification proceedings as specified in Chapter 17.56.

(Ord. No. 519, 8-8-2012)

17.36.170 - Phased construction. ¶

For projects that involve construction in phases, the time periods for the phases may be stated in the conditions of the permit so as to avoid a lapse of progressive development following the completion of the preceding phase.

(Ord. No. 519, 8-8-2012)

17.36.180 - Modifications. ¶

Any person holding a permit granted under this title may request a modification to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit. Requests for modification shall be processed as follows:

A.

Substantial conformity. If the proposed modifications are in substantial compliance with the approved permit, the planning director may determine that no formal action is required and shall approve the modifications which shall be incorporated into the permit.

B.

The approval authority for modifications shall be the planning director. Following a public notice, the director may waive the requirement for a public hearing. If a public hearing is requested, the planning director shall schedule and notice the permit for public hearing by the planning commission as specified by this title. A public hearing may be required for any modification at the discretion of the planning director, if the planning director deems it appropriate because of the location, size or design, or because the requested changes substantially modify the nature or scope of the permit.

(Ord. No. 519, 8-8-2012)

17.36.190 - Reconsideration. ¶

If there are any new or different facts, circumstances, or law which could not have been presented at the hearing on the application and which may affect the action taken, the approval authority may reconsider

such action, if a request for reconsideration, along with the fee established by the city council, is filed with the planning department within ten (10) days (see definitions) following the date of the action. The requested reconsideration shall be subject to a public hearing and notice of such hearing shall be given as specified in Chapter 17.40. The failure of the applicant to present information which was available at or prior to the original action is not grounds for reconsideration.

(Ord. No. 519, 8-8-2012)

17.36.200 - Reapplication. ¶

No application shall be accepted or acted upon, if within the preceding twelve (12) months, an application has been made and denied by an approval authority which involves substantially the same parcel and which requests approval of substantially the same permits, unless the planning director permits such reapplication because either of the following applies:

A.

New evidence has become available which was unavailable or unknown to the applicant at the time of the previous action and which could not have been discovered in the exercise of reasonable diligence by the applicant; or

B.

There has been a substantial and permanent change of relevant circumstances since the previous decision, which materially affects the parcel involved in the application.

(Ord. No. 519, 8-8-2012)

17.36.210 - Extension.

The period within which effectuation of a permit must occur may be extended by the planning director's approval of an administrative permit. An application for such an extension shall be filed pursuant to Chapter 17.36.

The planning director may grant a single one-year extension for a permit which has been approved but has not been effectuated. The approval of an extension extends the expiration date for one year from the original permit expiration date. No additional extensions shall be granted for a permit which has been active for a period of three years, unless otherwise provided for in the conditions of approval or by this title. The permit, as extended, may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved. The extension shall be granted if the findings specified in subsection 17.40.070F. are made. Any extension may require a public hearing at the discretion of the planning director.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.36.220 - Permit to run with land. ¶

Unless otherwise conditioned, a permit or variance granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structure, provided that

the use and conditions of the original permit or variance are fully complied with and not modified or enlarged.

(Ord. No. 519, 8-8-2012)

Chapter 17.40 - PUBLIC REVIEW PROVISIONS AND APPROVAL STANDARDS

17.40.010 - Purpose. ¶

The purpose of this chapter is to specify the public notice and hearing process for an application for a permit or variance, and the findings upon which an approval, conditional approval or denial is based.

(Ord. No. 519, 8-8-2012)

17.40.020 - Required public hearings, authorized approval authority and public notice. ¶

Type A. The public hearing may be waived. Notice of an intent to approve a development entitlement shall be mailed or delivered at least ten (10) days prior to an action to the applicant, the property owner, the owners, as shown on the most recent equalized assessment roll, of property within the limits set forth in Government Code Sections 65090 and 65091, and all persons who have requested notice, pursuant to Section 17.40.050 of this title.

Type B. Public hearing is required. Notice of the hearing shall be mailed or delivered at least 10 days prior to the public hearing to the applicant, the property owner, the owners, as shown on the most recent equalized assessment roll, of property within the limits set forth in Government Code Sections 65090 and 65091 or greater, and each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the site. Notice shall also be provided to all persons who have requested notice, pursuant to Section 17.40.050 of this title. The radius list for notice of a permit application for an adult establishment shall be expanded as required by Section 17.128.070 of this title. The radius list for notice of a permit application for a nightclub use shall be expanded as required by Section 17.164.040 of this title.

Ten (10) days prior to the public hearing, notice shall also be provided by at least one of the following methods:

A.

Publication in a newspaper of general circulation within the city; or

B.

Posting in at least three public places within the city and posting the proposed project site.

Type C. The public hearing may be waived. Notice of intent to approve a development entitlement shall be posted on the proposed project site by the property owner at least ten (10) days prior to an action.

Type D. No public hearing required and no public notice is required. This type of process will only be used where the approvals requested are not combined with approvals which do require a public hearing or notice.

REQUIRED HEARINGS, AUTHORIZED APPROVAL AUTHORITY AND PUBLIC NOTICE

REQUIRED HEARINGS, AUTHORIZED APPROVAL AUTHORITY AND PUBLIC NOTICE	REQUIRED HEARINGS, AUTHORIZED APPROVAL AUTHORITY AND PUBLIC NOTICE	REQUIRED HEARINGS, AUTHORIZED APPROVAL AUTHORITY AND PUBLIC NOTICE
	APPROVAL AUTHORITY
	PLANNING DIRECTOR	PLANNING COMMISSION
TYPE OF PERMIT OR VARIANCE
Administrative Permit	D
Conditional Use Permit		B
Development Agreement		B*
Design Review Permit		B
Design Review Permit, Administrative	A/C/D
Design Review Permit for Residential Subdivision		B
Extension	D
Modifcation	A
Planned Development Permit		B
Variance		B
Variance, Administrative	D
Sign Permit		B
Sign Permit, Administrative	D
General Plan Amendment		B
Rezone		B

*See Sections 17.48.040 and 17.48.050 - the planning commission makes a recommendation to the city council.

(Ord. No. 519, 8-8-2012)

17.40.030 - Contents of public notice when a public hearing may be waived.

Whenever the provisions of Section 17.40.020 permit the waiving of a public hearing, the notice of intent to take action shall contain the following information:

A.

The name of the applicant;

B.

The file number assigned to the application;

C.

A general description of the nature of the request;

D.

A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

E.

The identity of the approval authority as the planning director and the scheduled date for action;

F.

The following statement: "The purpose of this notice is to inform you that an application for the described project has been submitted to the Colfax planning department. The planning director may approve the application without holding a public hearing, unless a public hearing is requested in writing by you or any individual wanting to comment on the project prior to the scheduled approval date;"

G.

Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the planning director at, or prior to, the public hearing; and

H.

A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.

(Ord. No. 519, 8-8-2012)

17.40.040 - Contents of public notice when a formal public hearing is required.

The public notice when a public hearing is required shall contain the following information:

A.

The name of the applicant;

B.

The file number assigned to the application;

C.

A general description of the nature of the request;

D.

A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

E.

The date, time, and place of the public hearing;

The identity of the approval authority and a brief description of the process and procedure for submitting public comment; and

G.

Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in this notice, or in written correspondence delivered to the planning director at, or prior to, the public hearing.

(Ord. No. 519, 8-8-2012)

17.40.050 - Contents of public notice when an informal public hearing is required.

The public notice when an informal public hearing is required shall contain the following information:

A.

The name of the applicant;

B.

The file number assigned to the application;

C.

A general description of the nature of the request;

D.

The proposed topics and/or aspects of the project to be presented at the public hearing; and a description of the method of presentation;

E.

A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

F.

The date, time, and place of the public hearing;

G.

The identity of the approval authority and a brief description of the process and procedure for submitting public comment; and

H. (Ord. No. 519, 8-8-2012)

17.40.060 - Requests for notification. ¶

Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the planning department and such request shall be valid for one year after receipt of such request. The city may impose a reasonable fee by resolution of the council for the purpose of recovering the cost of such notification.

(Ord. No. 519, 8-8-2012)

17.40.070 - Required findings for approval or conditional approval of permits and variances.

The approval authority may approve or conditionally approve an application for a permit or variance, as defined in Sections 17.32.010 and 17.32.020, only if all of the following applicable findings, in addition to such other findings throughout this title that are applicable to the application:

A.

Findings for an Administrative Permit or a Conditional Use Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of an administrative permit or a conditional use permit:

1.

The proposed use or development is substantially consistent with the City of Colfax general plan and any applicable specific plan;

2.

The proposed use or development generally conforms with all applicable standards and requirements of this title; and

3.

The location, size, design and operating characteristics of the use or development is generally compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements;

4.

The proposed use will not interfere with the nature and condition of the adjacent uses and structures.

B.

Findings for a Design Review Permit. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a design review permit:

1.

For Zones other than the Historic District.

a.

The project as approved balances reasonable use of the site for development, while it preserves and accentuates the natural features of the property, such as open space, topography, trees, wetlands and water courses, and provides adequate drainage for the project.

b.

The project site design as approved provides access, vehicle parking, vehicle, pedestrian and bicycle circulation, loading areas, landscaping and irrigation and lighting which results in a safe, efficient, and harmonious development and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.

c.

The building design, including the materials, colors, height, bulk, size and relief, and the arrangement of the structures on the site, as approved is harmonious with other development and buildings in the vicinity and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.

d.

The design of the public services, as approved, including, but not limited to trash enclosures and service equipment are located so as not to detract from the appearance of the site, and are screened appropriately and effectively using construction materials, colors and landscaping that are harmonious with the site and the building designs.

2.

For the Historic Zone District.

a.

The project will maintain the small town character that makes Colfax a desirable place to live.

b.

The project will maintain and enhance the city's character and visual appearance in order to create a quality future community.

c.

The project will maintain and enhance the historic resources, qualities, and character of the City of Colfax.

C.

b.

They intend to start construction within two years after the approval of the project and any necessary zoning district change; or

c.

They intend to complete such construction within a reasonable time as determined by the planning commission.

I.

Findings for a Design Review Permit for Residential Subdivision. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a design review permit for residential subdivisions:

1.

The residential design, including the height, bulk, size and arrangement of buildings is harmonious with other buildings in the vicinity.

The residential design is consistent with applicable design guidelines.

J.

Findings for a Modification. The approval authority shall, based on evidence, make the following findings as a condition precedent to approval of a modification:

1.

The proposed modification is substantially consistent with the intent of the original approval.

2.

The proposed modification substantially complies with all applicable standards and requirements of this title, with the applicable goals, policies and objectives set forth in the general plan and the applicable community design guidelines.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

Chapter 17.44 - APPEALS

17.44.010 - Purpose.

This chapter identifies the procedures for filing and processing an appeal.

(Ord. No. 519, 8-8-2012)

17.44.020 - Appeal of decision or findings. ¶

Any person aggrieved by an interpretation or action of the planning director, city manager or planning commission, made pursuant to this article, may appeal such action to the appropriate appeal authority, as shown in Table 17.44, by filing a written appeal with the appropriate fee within ten (10) days from the date of action by the approval authority. All appeals shall be filed with the city clerk's office, except appeals of the planning director's action, which shall be filed at the planning department.

TABLE 17.44

APPEAL FROM ACTION OR DECISION OF:	APPEAL AUTHORITY	APPEAL AUTHORITY
	CITY MANAGER	PLANNING COMMISSION	CITY COUNCIL
Planning Director	X
City Manager		X
Planning Commission			X

(Ord. No. 519, 8-8-2012)

17.44.030 - Filing an appeal of the planning director's or city manager's action or decision. ¶

The planning department shall provide a standard form for the filing of an appeal of the action of the planning director or city manager. The appeal shall be filed within ten (10) days from the date of action and with the planning department with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. No. 519, 8-8-2012)

17.44.040 - Filing an appeal of the planning commission's action or decision. ¶

The city clerk shall provide a standard form for the filing of an appeal of the action of the planning commission. The appeal shall be filed with the city clerk with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. No. 519, 8-8-2012)

17.44.050 - Effect of filing an appeal. ¶

A timely appeal of an action shall stay the effective date of the action, for that portion of the permit or variance being appealed, until the appeal has been acted upon or withdrawn. If only certain conditions are appealed, the effective date of approval shall remain the date of action by the approval authority.

(Ord. No. 519, 8-8-2012)

17.44.060 - Hearings and notices. ¶

There is no hearing required for the appeal of a planning director's decision. Where the decision to be rendered is to be made by either the city manager or planning commission, such decision is appealable. The planning director or the city clerk, as provided above, shall give notice of the appeal authority's public hearing to consider the appeal of the city manager or planning commission decision at least ten (10)) days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type B, Section 17.40.020 of this title. Such hearing shall be held within sixty (60) calendar days from the last day of the appeal period. The appellant shall not be granted a continuance of the appeal beyond the sixty-day period. The costs of an appeal shall be borne by the appellant.

(Ord. No. 519, 8-8-2012)

This chapter is adopted in compliance with the provisions of California Government Code Sections 65864 to 65869.5 (the "Development Agreement law" and the city intends that the provisions of this chapter shall be read and interpreted so as to comply with the development agreement law as it may be hereafter amended.

(Ord. No. 519, 8-8-2012)

17.48.020 - Form of agreement. ¶

Each application shall be accompanied by the form of standard development agreement established by the city and approved by the council with any additional alternatives, modifications or changes proposed by the applicant.

(Ord. No. 519, 8-8-2012)

17.48.030 - Review by planning commission. ¶

After a public hearing by the planning commission, which may be held in conjunction with other required hearings for the project including amendments to the general plan, rezonings, subdivision maps, or conditional use permits, the planning commission shall make its recommendation in writing to the council. The recommendation shall include consideration of the following:

Consistency with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan and/or special districts;

B.

Consistency with the provisions of this code;

C.

Conformity with public health, safety and general welfare;

D.

The affect on the orderly development of property or the preservation of property values;

E.

Whether the provisions of the agreement shall provide sufficient benefit to the city and its residents to justify entering into the agreement; and

F.

Conformity with the provisions of Government Code Section 65867.5 and, if applicable, Government Code Section 66473.7.

The city shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The city shall give the notice at least thirty (30) days before the date when the matter shall be considered by the council. The notice shall specify that the property owner provide a report to the city detailing what has been done on the project in the last year which demonstrates good faith compliance with the terms of the agreement. The report shall be provided at least two weeks before the hearing date. City staff shall review the owner's compliance report.

B.

The council shall receive the city's report at a regularly scheduled city council meeting. A public hearing may be held but is not required. At the meeting, the applicant or its successor in interest must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant or its successor in interest. If a public hearing is held, notice of the hearing shall be given as provided by Section 17.48.030.

C.

The council shall determine, on the basis of substantial evidence in the record before it, whether the applicant or its successor in interest has met its burden of demonstrating that it complied in good faith with the terms and conditions of the agreement.

D.

If the council finds and determines that the applicant or its successor in interest has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the council finds and determines that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement during the period under review, the council shall begin noticed proceedings to terminate or modify the agreement.

(Ord. No. 519, 8-8-2012)

Chapter 17.52 - ZONING CODE AMENDMENTS

17.52.010 - Purpose. ¶

Any amendment to this title, which changes the zoning on any parcel or which modifies any provision of this title, shall be adopted in the manner set forth in this chapter.

(Ord. No. 519, 8-8-2012)

17.52.020 - Initiation of amendment. ¶

An amendment of this chapter may be initiated in any of the following manners:

A.

Upon motion of the city council.

B.

Upon motion of the planning commission.

C.

Upon application by a property owner or owners of a parcel to be affected by an amendment of the zoning map which rezones the parcel, or amending the text of this title which applies to the parcel.

D.

Upon recommendation by the planning director to clarify text, address changes mandated by state law, maintain general plan and specific plan consistency, to address minor boundary adjustments, or for any other reason beneficial to the city.

(Ord. No. 519, 8-8-2012)

17.52.030 - Application form, fees and processing.

A.

Application. An application for an amendment to this title pursuant to subsection 17.52.020C., shall be submitted to the planning department on a signed application form provided by the planning department. The application shall be accompanied by a description of the amendment, a fee as established by resolution of the city council and any other information required by the planning department in order to determine compliance with this title, the general plan and any applicable specific plan.

B.

Concurrent Processing. An application for an amendment may be processed concurrently with other applications, at the discretion of the planning director. Permits or variances approved in conjunction with a zoning ordinance amendment application shall not become effective until the zoning ordinance amendment is effective.

C.

Review. Upon acceptance of the application, the planning department shall review the request and shall prepare a written report.

D.

Public Hearing. The planning director shall give notice of the planning commission's intention to consider an amendment in accordance with Government Code Section 65854 as amended from time to time. The planning director may also provide such additional notice as the planning director deems appropriate or necessary based upon the nature of the proposed amendment.

(Ord. No. 519, 8-8-2012)

17.52.040 - Planning director report. ¶

The planning director shall prepare a written report which shall be mailed or delivered to the planning commission and the applicant not less than three days prior to the hearing.

(Ord. No. 519, 8-8-2012)

17.52.050 - Recommendation on amendment.

A.

Following a public hearing, the planning commission shall consider the proposed amendment and make a recommendation to the city council. The planning commission shall include the reasons supporting their recommendation and shall, at a minimum, discuss whether the proposed amendment is consistent with:

1.

The public interest, health, safety, or welfare of the city; and

2.

The general plan.

B.

The decision of the planning commission shall constitute a recommendation to the city council.

One or more of the conditions upon which the permit was approved have been violated, or have not been complied with.

B.

Initiation of Action. The revocation of a permit or the modification of the conditions of approval of a permit shall be initiated by order of the planning commission. The order shall specify the basis upon which the action to revoke the permit or to modify the conditions is to be evaluated during the hearing to revoke or modify.

(Ord. No. 519, 8-8-2012)

17.56.040 - Revocation hearing. ¶

A.

The city council shall hold a formal public hearing on the revocation of a permit or the modification of the conditions of a permit on the grounds stated by the planning commission. The hearing shall be held in a timely manner after the issuance of an order of the planning commission. The hearing shall be noticed in the manner provided for a Type B notice as set forth in Section 17.40.020. The council may grant a continuance of the hearing date upon a showing of reasonable cause or to allow the permittee additional time to adequately prepare for the hearing.

B.

At the hearing, which shall be conducted pursuant to Colfax Municipal Code Section 1.28, the planning department shall present evidence showing the cause for revocation of the permit or modification of the conditions of the permit. The permittee shall be entitled to present additional or rebuttal evidence as he or she may desire regarding the issues in question. The city council shall consider all of the evidence, and may revoke the permit or modify a condition of a permit if it finds by a preponderance of the evidence that:

1.

The permit was obtained or extended based upon substantially false, misleading, or incomplete information submitted with the application for the permit; or

2.

One (or more) of the conditions upon which the permit was approved has been violated, or has not been fully complied with in a timely manner.

C.

In its discretion, the city council may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The decision of the city council shall be final.

(Ord. No. 519, 8-8-2012)

Chapter 17.60 - ENFORCEMENT

17.60.010 - Purpose. ¶

The purpose of these provisions is to provide uniform enforcement procedures for the requirements of this title.

(Ord. No. 519, 8-8-2012)

17.60.020 - Enforcement. ¶

It shall be the duty of the chief building official to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure. All departments, officials and public employees vested with the duty or authority to issue permits or licenses shall not issue a permit or license for uses, buildings or purposes in conflict with the provisions

of this title and any such permit or license issued in conflict with the provisions of this title shall be null and void. The planning director may delegate enforcement responsibilities to other city employees.

(Ord. No. 519, 8-8-2012)

17.60.030 - Penalty for violation. ¶

Any property owner, person, firm, or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable in accordance with the penalties set forth in Chapter 1.24 of the Colfax Municipal Code. Any property owner, person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided herein. Penalties under the administrative enforcement provisions of Chapter 1.24 of the Colfax Municipal code may be imposed in lieu of, but not in addition to, penalties imposed by the court for any single violation.

(Ord. No. 519, 8-8-2012)

17.60.040 - Nuisances declared—Abatement. ¶

Any building, structure, or landscaping that is set-up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, or any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, or failure to comply with any of the conditions of a permit or variance granted under this title is declared to be a public nuisance. The city attorney may initiate an action or proceedings for the abatement and removal and enjoinment of said public nuisance in the manner prescribed by law, and may take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as shall abate and remove such building or structure, and restrain and enjoin any property owner, person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this title.

Accessory Uses. Accessory uses are uses accessory and incidental to the primary use of a parcel and are regulated by Chapter 17.96 (accessory uses and structures).

(Ord. No. 519, 8-8-2012)

17.64.030 - Reserved. ¶

Editor's note— Ord. No. 555, § 1(Exh. A), adopted Oct. 10, 2023, repealed § 17.64.030, which pertained to listing of use classifications and derived from Ord. No. 519, 8-8-2012; Ord. No. 542, § 1(Exh. B), 7-8-2020.

17.64.040 - Classification of combined uses. ¶

The following rules shall apply where a use of a parcel resembles two or more different primary use types, and none of the uses are accessory uses regulated pursuant to Chapter 17.96 (accessory uses and structures).

A.

Separate Classifications of Multiple Establishments. If two or more individual establishments or businesses conduct separate primary uses on a single parcel, each use shall be considered a separate and distinct primary use of that parcel.

B.

Separate Classification of Different Major Categories of Uses Conducted by Individual Establishment. If an individual establishment, or business conducts more than one primary use, which use appears to fit under more than one different use type as described in this chapter, each primary use shall be considered a separate and distinct primary use; provided, however, when the primary uses have the characteristics of one of the following listed use types, all such primary uses shall be classified as one of the use types on the list:

General industrial;
Hazardous materials handling; or
Intensive public facilities.

If the primary uses resemble more than one of the use types on the above list, the uses shall be classified in the most appropriate use type, except that any industrial uses shall be classified within the hazardous materials handling use type if they so qualify under subsection 17.64.100D. (hazardous materials handling use type).

(Ord. No. 519, 8-8-2012)

17.64.050 - Classification of uses not specifically listed. ¶

If a proposed primary use is not specifically listed or identified as a use type in this Article III, the use shall not be allowed, except as follows:

A.

The planning director may determine that a proposed use not listed is permitted if:

1.

The common functional, product or compatibility characteristics and activities associated with the proposed use are consistent with one of the use types identified in Chapter 17.64 listed as a permitted use type within the zoning district;

2.

The proposed use is compatible with the purpose of the zoning district that applies to the parcel; and

3.

The proposed use will be consistent with the goals, objectives and policies of the general plan.

B.

If the planning director determines that an unlisted proposed use is encompassed within a listed use type, the proposed use shall be subject to the same use regulations as the listed use type.

C.

The planning director may forward questions about permitted uses directly to the planning commission for an interpretation at a public hearing. The public hearing shall be scheduled in accordance with Section 17.40.020. The planning commission shall make a determination based on the criteria of subsection 17.64.050A. as to which use type the proposed use fits into. The decision of the planning commission may be appealed pursuant to Chapter 17.44.

D.

The planning director shall maintain a written record of all such determinations.

(Ord. No. 519, 8-8-2012)

17.64.060 - Agriculture and open space use types.

Open space use types include on-site structures, development, and management activities which are necessary for the protection and enhancement of open space resources. Specific open space use types referred to in this title are:

A.

Resource protection and restoration, includes activities and management of an area to preserve, recreate and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, erosion control, and floodwater conveyance.

B.

Resource related recreation, includes facilities related to passive recreation of open space areas including bike and pedestrian trails, picnic areas, parking areas, and interpretive centers.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.64.070 - Civic use types. ¶

Civic use types include governmental and quasi-governmental agencies providing utility, educational, cultural, major medical, protective, governmental, and other uses which are strongly vested with public or social importance. Specific civic use types referred to in this title are:

A.

Community assembly, includes the activities typically performed by, or at, the following institutions or installations:

Churches, temples, synagogues, and other places of worship;
Public and private non-profit clubs, lodges, and meeting halls; and
Public community recreation facilities, including community centers, amphitheaters and museums.

B.

Community services, includes uses provided by public agencies which are necessary to support the community's health, safety and welfare. Typical community services include:

Cemeteries;
Community water storage, wells and associated treatment facilities;
Corporation yards, including storage, repair and processing of materials and equipment, and vehicles operated by governmental entities;
Detention/retention basins;
Electrical substations (up to sixty (60)kV);
Intermodal facilities;

• Libraries;

Park-and-ride lots;
Police and fire stations (including antennas, antenna towers and communication facilities);
Post offices, excluding major processing centers;
Public parks and golf courses; and
Satellite government facilities.

C.

Essential services, includes services which are necessary to support development and involve only minor structures such as bus stops, gas distribution pipelines, electrical distribution lines (up to and including sixty (60)kV), utility poles, transformers (twelve (12)kV or less), water and sanitary sewer, drainage facilities, communication facilities for community services provided by a public agency, and neighborhood parks.

D.

Reserved.

E.

Hospital services.

1.

General hospital services, includes medical, or surgical services for sick or injured persons primarily on an in-patient basis, and includes accessory facilities for out-patient and emergency medical services, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

2.

Psychiatric hospital services, includes psychiatric services for persons primarily on an in-patient basis, and includes accessory facilities for out-patient and diagnostic services, training, research, administration, and services to patients, employees, or visitors.

F.

Intensive public facilities, includes public services and utilities which because of location, are objectionable due to production of offensive odor, dust, noise, bright lights, vibration or the storage of hazardous materials or products. Typical uses are electric receiving stations (sixty (60)kV to two hundred thirty (230)kV), sanitary landfills, public airports and heliports, or correctional institutions.

G.

Libraries and museums, private, includes permanent, public and quasi-public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, and arboretums. Also includes historic sites, exhibits, and zoos located in a public park.

H.

Power generating facilities. These facilities consist of temporary support facilities used to supply electrical power on an interim basis when power outages occur, or facilities that are used on a permanent basis to generate a power supply for a single use or multiple users if connected to a power grid. Power generating facilities generally include technologies that produce electricity from fossil fuels, natural gas, solar, wind, hydro or biomass fuels in order to provide back-up power, augment utility power supplies or if gridconnected, to sell power. Power generating facilities may include, but are not limited to, the following specifically defined facilities:

1.

General Power Production Facility. A facility whose sole purpose is for the resale and production of power which may consist of a natural gas fired facility, co-generating facility, solar, wind, waste, photovoltaic, geothermal operated, or other alternative fuel source, that produces electricity primarily for the transmission of electricity associated with the overall power grid. This type of facility may be a peak load facility that only operates during the period in which the power demand for the overall power grid is at its peak usage.

2.

Supplemental/Individual Use Power Facility. A facility that is utilized to provide electrical power as either a supplement to power supplied by the existing grid or as a permanent power source for an individual user and does not provide off-site sale to the power grid. For commercial and industrial developments these types of facilities may consist of a natural gas fired facility, co-generating facility, solar, wind, waste, photovoltaic, geothermal operated, or other alternative fuel source, that produces electricity. Residential uses will be restricted to facilities, which do not materially change the character of the zone district or impact adjacent residential uses (i.e., solar and photovoltaic).

3.

Emergency Power Facility. A facility that acts as a stand-by generator used to supply electric power during the event of a power outage by the local electric utility. These types of facilities maybe permanent in nature or temporary portable gas/diesel generators.

4.

Passive Power Facility. These facilities are considered to produce power when using clean fuel such as sunlight or other similar natural resource to generate power. Typical facilities would be solar or photo voltaic power generators. Residential zones will be restricted to these types of passive power facilities for power generation on a permanent basis. No industrial conversion solar facilities will be allowed on residentiallyzoned property.

I.

Public parking services, includes parking services involving buildings or lots which are publicly owned or operated.

Schools.

1.

College and university, includes community colleges, public or private colleges, universities and professional schools granting associate degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.

2.

Public elementary and secondary, includes public elementary, middle, junior high and high schools serving grades K through twelve (12).

3.

Private elementary and secondary, includes private and religious schools. It does not include schools included within the commercial districts, schools specialized education and training use type.

K.

Social services, generally include those services which help people become more self-sufficient, prevent dependency, strengthen family relationships, and restore individuals, families, groups or communities to successful social functioning. Such social services may include, but are not limited to, the following specifically defined services:

1.

Food Distribution Facility. A facility or use which distributes food on a not-for-profit basis.

2.

Food Service Facility. A facility or use where food is served on-site on a not-for-profit basis.

3.

Emergency Shelter. A facility or use which provides temporary housing for individuals on a not-for-profit basis. The housing may include, but is not limited to, emergency housing on a short-term basis or temporary transitional basis until permanent housing is available. This definition does not include such temporary residential shelters as may be provided for relief following a natural disaster or during a state of emergency.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.64.080 - Residential use types. ¶

Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis and includes uses which are typically associated with and provide support to residential areas, but exclude institutional living arrangements providing twenty-four-hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. Specific residential use types referred to in this title are:

A. Accessory Dwelling Unit.

B.

Caretaker/employee housing, includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a nonresidential use where a caretaker is needed for security or to provide twenty-four-hour care or monitoring of facilities, equipment, or other conditions on the site.

C.

Community care facility, small. A dwelling where non-medical care is provided to six or fewer persons on a twenty-four-hour basis. Small community care facilities shall be licensed by the state department of social services.

D.

Community care facility, large. A dwelling where non-medical care is provided to no less than seven and no more than twelve (12) persons on a twenty-four-hour basis and which is operated and occupied by the owners. Large community care facilities shall be licensed by the state department of social services, shall permit no more than two persons per bedroom and shall be designed so as to be compatible with the residential character of the neighborhood.

E.

Dwelling, includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family dwellings, duplexes, multifamily dwellings, mobilehomes, condominiums, and townhouses, all of which are separately defined.

1.

Multifamily, includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, condominiums, townhomes, rowhouses, triplexes and fourplexes.

2.

Single-family, includes a detached building designed exclusively for occupancy by one family.

3.

Two-family, includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.

F.

Efficiency units, includes a room or group of internally connected rooms that have independent sleeping, cooking, eating and sanitation facilities, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

G.

Family day care homes, small, includes a private single-family dwelling where care, protection and supervision of eight or fewer minor children is provided for periods of less than twenty-four (24) hours or as otherwise provided by state law.

H.

Family day care homes, large, includes a private single-family dwelling where care, protection and supervision of nine and up to, and including, fourteen (14) children is provided for periods of less than twenty-four (24) hours or as otherwise provided by state law (see also Chapter 17.160).

I.

Junior Accessory Dwelling Unit.

J.

Live/work, includes units that are occupied by business operators who live in the same structure that contains commercial activity. The units function primarily as a workspace with incidental residential accommodations.

K.

Mobilehome park, includes any site that is planned and improved to accommodate two or more mobilehomes used for residential purposes, or on which two or more mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes.

L.

Rooming and boarding houses, include the renting of individual bedrooms within a dwelling by a property owner or other manager in residence to three or more people, whether or not meals are provided; or a single-family dwelling occupied by six or more unrelated people, living together as a single housekeeping unit; by prearrangement for definite periods, with compensation.

M.

Single-room occupant. Lodging establishments providing a room(s) which does not include a kitchen or bathroom. These establishments include a communal bathroom and may have a communal kitchen and/or living area. This is not a temporary or transitional housing type and is typically found on the second story above a retail use.

Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section 53260(d), and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. (California Health and Safety Code Section 50675.14(b).)

1.

Target Population. Adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans or homeless people. (California Health and Safety Code Section 53260(d).)

O.

Transitional housing. "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (California Health and Safety Code Section 50675.2(h).)

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.64.090 - Commercial use types. ¶

Commercial use types include the distribution, sale and rental of goods, and the provision of services other than those classified as civic or industrial use types. Specific commercial use types referred to in this title are:

A.

Adult-oriented businesses, include those uses specifically referred to in Chapter 17.128 of this code and include any adult arcade, adult book/novelty store, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater or modeling studio defined therein. Any reference in this code to "adult business establishment" shall mean adult-oriented business, as provided herein.

B.

Animal sales and services, include establishments primarily engaged in animal-related sales and services. These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals). The following are animal sales and services use types:

1.

Grooming and pet stores, include grooming or selling of dogs, cats, and similar small animals with limited indoor boarding. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores.

2.

Kennels, include indoor and outdoor kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels, pet motels, and dog training centers. However, dog training which is limited to hourly sessions (no overnight stays) is not included in this definition. Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).

3.

Veterinary clinic, includes a fully enclosed veterinary facility containing only enough cage arrangements as necessary to provide services for small animals requiring acute medical or surgical care, as well as boarding and grooming.

4.

Veterinary hospital, includes a veterinary facility conducted in an enclosed building and in the open which provides long-term medical care, boarding and grooming.

C.

Automotive and equipment, includes establishments primarily engaged in automotive-related or heavy equipment sales or services. The following are automotive and equipment use types:

1.

Automotive rentals, include rental from the premises of automobiles, light trucks, and recreational vehicles. Typical uses include car rental agencies.

2.

Automotive repairs, include repair of automobiles and the sale, installation, and servicing of automobile equipment and parts completely within an enclosed building, but excluding body repair and painting. Typical uses include muffler shops, automobile repair garages, automobile glass shops, and minor services, including oil change, tune-up/lube shops, tire installation, and stereo and car accessory installation.

3.

Automotive sales, include the sale, retail or wholesale, of automobiles, light trucks, boats, recreational vehicles, motorcycles, motor homes, and trailers together with associated enclosed repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.

4.

Carwash and detailing, includes washing and polishing of automobiles. Typical uses include automobile detailing services and carwashes.

5.

Commercial parking, includes parking of operable motor vehicles and bicycles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots and garages.

6.

Heavy equipment rental and sales, include rental and sales of heavy equipment such as aircraft, trucks, tractor-trailer, semi-trucks and heavy construction equipment.

7.

Automotive body and equipment repair, includes automotive body repair and painting of equipment such as aircraft, boats, recreational vehicles, and trucks; and the installation and servicing of tractor-trailer, semitrucks and heavy construction equipment.

8.

Gasoline sales, include establishments primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, minor repair services and may include drive through carwashes, convenience eating places and neighborhood commercial. Typical uses include automobile service stations, filling stations and neighborhood commercial uses with gas sales.

D.

Banks and financial services, include financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding, (but not predominantly operating) companies; and other investment companies; vehicle finance leasing agencies. Automated teller machines (ATMs) located away from banks are included under the definition of "personal services."

E.

Bars and drinking places, include establishments within a building where alcoholic beverages are sold for on-site consumption, that are not part of a restaurant. Includes bars, taverns, pubs, brew pubs, wine bars and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Amplified live or recorded music and/or dancing is permitted subject to Chapter 8.28 (noise standards).

F.

Broadcasting and recording studios, include commercial and public communications uses including telegraph, telephone, radio and television broadcasting and receiving stations and studios, and television production and sound recording studios, with facilities entirely within buildings. Private transmission and receiving apparatus, such as towers, reflectors and antennas are included under the definition of "antennas, communications facilities."

G.

Building material stores, include retail establishments selling lumber (which may include the cutting of precut lumber) and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail sales and services"). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales.

H.

Business support services, include establishments within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

Blueprinting;
Business equipment repair services (except vehicle repair, see "automotive repair");
Commercial art and design (production);
Computer-related services (rental, repair, maintenance);
Equipment rental businesses within buildings;
Film processing laboratories;
Mail advertising services (reproduction and shipping);
Outdoor advertising services;
Photocopying; and
Photo finishing.

I.

Commercial recreation, includes establishments primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

1.

Amusement center, includes public places of amusement or public places of business in which four or more coin-operated amusement devices are installed and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.

2.

Indoor entertainment, includes predominantly spectator uses conducted within an enclosed building, excluding uses classified under adult-oriented business (see Chapter 17.128). Typical uses include motion picture theaters and live theatre.

Indoor sports and recreation, includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, indoor soccer arenas, athletic clubs, and health clubs.

4.

Outdoor entertainment, includes predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor amphitheaters, concert halls and sports arenas, BMX tracks, racing facilities, drive-in theaters, and zoos.

5.

Outdoor sports and recreation, includes predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include amusement parks, driving ranges, miniature golf courses, golf courses, swimming pools, and tennis courts.

6.

Residential recreation facilities, include predominantly participant sports which are normally associated with a country club, or private residential community. Typical uses include country clubs, racquet clubs, golf courses, swimming pools, tennis courts, and other secondary uses including restaurants, and retail sales.

7.

Large amusement complexes, include a theme park or similar complex open to the public which exceeds one hundred thousand (100,000) square feet and which: (1) includes outdoor amusement attractions such as mechanized or carnival-type rides or water slides; and (2) meets any two of the following three criteria: (A) The complex has a maximum daily capacity of more than five hundred (500) users per day; (B) The complex is required to provide off-street parking for more than two hundred (200) vehicles, including bicycles; or (C) The complex operates during any part of the year during the hours after six p.m. This does not apply to publicly-owned or operated parks or facilities.

J.

Community care facility, includes any facility serving as a residence where non-medical care is provided on a twenty-four-hour basis with central or private kitchen, dining, recreational and other facilities. Typical uses include assisted living facilities and facilities licensed by the state department of social services. Does not include long term care facilities.

K.

Day care centers, include commercial or non-profit facilities that provide care, protection and supervision of thirteen (13) or more minor children or adults in need of assistance for periods of less than twenty-four (24) hours per day, typically while parents or family are working, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30 (includes preschools).

L.

Eating and drinking establishments, include establishments primarily engaged in the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the "bars and drinking places" and "nightclubs." amplified live or recorded music and/or dancing is permitted subject to Chapter 8.28 (noise standards).

1.

Fast food with drive-through, includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk-up counter and at a drive-through window, and may include seating.

2.

Convenience, includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk-up counter and which does not include a drive-through or provide for ordering at the tables, if any. Typical uses include pizza parlors, ice cream parlors, and sandwich shops.

3.

Full service, includes establishments primarily engaged in the preparation and retail sale of food and beverages where food is ordered and served at a table, and which may include sales of alcoholic beverages as an accessory or secondary service. Fixed seating or tables and chairs are provided for the seating of each patron or customer at all times. Typical uses include full-service restaurants.

M.

Food and beverage retail sales, include establishments primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores, and delicatessens.

N.

Funeral and interment services, include establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries.

O.

Lodging services, include establishments primarily engaged in the provision of commercial lodging on a less than monthly basis to the general public. Lodging services include incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels and motels, and bed and breakfasts.

P.

Long term care facility, includes an institution or a portion of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours. Typical uses include extended care facilities, intermediate care facilities, skilled nursing facilities, hospices and other facilities licensed by the state department of health services.

Q.

Maintenance and repair, includes all uses that provide maintenance and repair services for furniture, appliances and equipment normally used within a building. Typical uses include sewing machine and appliance repair.

R.

Medical services, general, includes establishments primarily engaged in the provision of personal health services on an outpatient basis ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services, but excludes uses classified under any civic use type. Typical uses include medical offices, dental laboratories, medical laboratories, health maintenance organizations, substance abuse treatment clinics, immediate care facilities and offices for physical therapists, chiropractors, and acupuncturists.

S.

Neighborhood commercial, includes establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These uses are compatible with residential development due to low traffic and noise generation and include

various retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, drug stores, beauty salons, and offices, but do not include drive-through restaurants, bars and drinking places, or liquor stores.

T.

Nightclubs, include establishments or places of entertainment within a building, open primarily at night, usually, but not necessarily, serving alcohol, and providing floor space for amplified live or recorded music, or having spaces for dancing or holding public dances. Meals or refreshments may be served and an admission fee may be, but not necessarily, charged. Excludes uses classified as "eating or drinking establishments," "commercial recreation," and Chapter 17.182 - adult-oriented businesses. Additional requirements are contained in Chapter 17.164.

U.

Nursery, retail, includes establishments primarily engaged in the sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise. This use type is typically conducted primarily outdoors. The sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise indoors is permitted under retail sales and services.

V.

Offices, professional, includes professional or government offices including:

Accounting, auditing and bookkeeping services;
Advertising agencies;
Architectural, engineering, interior design, and surveying services;
Attorneys;
Call and telemarketing centers;
Computer software designers;
Court reporting services;
Data processing and computer services;
Detective agencies and similar services;
Secretarial and word processing services;
Government offices including agency and administrative office facilities;
Insurance agencies;
Management, public relations and consulting services;
Real estate agencies; and
Writers, photographers and artists offices outside the home.

W.

Personal services, include establishments primarily engaged in the provision of personal improvement or appearance, and similar non-business related or non-professional services, but excludes services classified under other use types. Typical uses include barber shops, beauty salons, tailors, shoe repair shops, massage therapist, tattoo studios, and dry cleaning pick-up stations.

X.

Retail sales and services, include establishments primarily engaged in the sale of goods and merchandise, but excludes those classified under animal sales and services, automotive and equipment, business support services, building materials stores, neighborhood commercial services, food and beverage retail sales, and gasoline sales. Typical uses include:

Auto parts;
Bakeries, retail;
Bicycle sales;
Department stores;
Drug and discount stores;
Furniture stores;
Hardware;

• Orthopedic supplies;

Photography studios;
Self service laundries/dry cleaning stores; and
Sporting goods and equipment.

Y.

Specialized education and training, includes private establishments providing training or educational programs. Typical uses include:

1.

Vocational schools, include businesses, secretarial schools and vocational schools offering specialized trade and commercial courses and establishments furnishing educational courses by mail or online. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples).

2.

Specialty schools, include specialized non-degree granting schools such as: music schools; dramatic schools; language schools; driver education schools; martial arts studios; ballet and other dance studios.

Z.

Storage facility, self-service, includes a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. This use type does not include the outdoor storage of boats, cars, recreational vehicles, or equipment, and does not include the rental of trucks or other equipment (also see Chapter 17.176).

AA.

Storage facility, recreational and large vehicle, includes a facility or staging area, whether indoor or outdoor, for the temporary or permanent storage of boats, cars and other recreational or large vehicles or equipment.

(Ord. No. 519, 8-8-2012)

17.64.100 - Industrial use types. ¶

Industrial use types include the on-site production and storage of goods, equipment and materials, including certain associated accessory uses. Specific industrial use types referred to in this title are:

A.

Day care centers, secondary. Secondary day care centers are incidental and accessory to the primary industrial use of the property and are only for on-site employees. Does not include day care centers as

defined for commercial use. Includes commercial or non-profit facilities that provide care, protection and supervision of thirteen (13) or more minor children or adults in need of assistance for periods of less than twenty-four (24) hours per day, while parents or family are working on site, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30 (includes preschools)..

B.

Equipment and materials storage yards, includes all uses related to outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials. It does not include any of the commercial use types identified under "automotive and equipment." Typical uses include contractor's storage yards, and corporation yards.

C.

General industrial, includes any manufacturing, processing, assembling, or fabrication of materials and products from raw materials, and also includes any industrial use involving an incinerator, blast furnace or other similar industrial process, including any industrial production conducted either wholly or partially outdoors. Typical uses include drum manufacturing and remanufacturing, batch plants, truss manufacturing, breweries, canneries and co-generation plants.

D.

Hazardous materials handling, includes all industrial uses engaged in the handling of substances subject to the maintenance of a "Risk Management Prevention Program" under California Health and Safety Code, Section 25534. Typical uses include semi-conductor manufacturing.

E.

Impound yards, includes the storage of operable and inoperable vehicles for limited periods of time, within a secured enclosure. Does not include the dismantling of wrecked or inoperable vehicles which is "recycling, scrap and dismantling."

F.

Laundries, commercial, includes establishments primarily engaged in high volume laundry and garment services, including family and commercial laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, carpet and upholstery cleaners. Does not include coin-operated laundries.

G.

Light manufacturing, includes the manufacture, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, but does not include such operations as saw and planing mills, or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials. Typical uses include electronic equipment assembly, and computer component assembly.

Mineral extraction and processing includes mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See Chapter 17.163 for specific use requirements applicable to mineral extraction and processing.

I.

Printing and publishing. Establishments primarily engaged in printing by letterpress, lithography, engraving, screen, offset or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices.

J.

Recycling, scrap and dismantling, includes uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, or the storage or keeping for sale of parts

and equipment resulting from such dismantling or wrecking. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. Does not include landfills or other terminal waste disposal sites.

1.

Enclosed, includes recycling, scrap and dismantling within enclosed building.

2.

Unenclosed, includes recycling, scrap and dismantling not within a building.

K.

Research services, includes establishments primarily engaged in providing research, testing, or other scientific analysis. Typical uses include soils and materials testing laboratories, electronics research firms and pharmaceutical research laboratories.

L.

Specialized industrial, includes establishments engaged in activities that generate noise, vibration, odor, dust, or smoke similar to other industrial uses but that do not clearly fit within another industrial use classification. This use type involves uses which are appropriately located with other industrial development and are not classified under either a commercial or civic use type. The director shall determine that a use is classified within this use type as prescribed in Section 17.64.050.

M.

Wholesaling and distribution, includes establishments engaged in wholesaling, storage, warehousing and bulk sale distribution, including, but not limited to open-air handling of materials and equipment other than live animals. Does not include the outdoor storage of material which is classified under "equipment and materials storage yards." The following are wholesaling and distribution use types:

Accessory uses and structures are permitted in the open space and civic subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

OPEN SPACE AND CIVIC ZONE DISTRICTS PERMITTED USES

OPEN SPACE AND CIVIC ZONE DISTRICTS PERMITTED USES	OPEN SPACE AND CIVIC ZONE DISTRICTS PERMITTED USES	OPEN SPACE AND CIVIC ZONE DISTRICTS PERMITTED USES
AGRICULTURAL AND OPEN SPACE USE TYPES	OS	CD
Animal Keeping(7)	-	-
Logging and Lumber Milling
Resource Protection and Restoration	P	P
Resource Related Recreation	P	P
CIVIC USE TYPES	OS	SPSD
---	---	---
Community Assembly(5)	CUP	P
Community Services	P	P
Essential Services	P	P
Hospital Services
General	-	CUP
Psychiatric	-	CUP
Intensive Public Facilities	-	P
Libraries and Museums, Private	CUP	CUP
Power Generating Facilities(1)
Emergency		P
Supplemental/Individual Use	-	CUP
General Power Production	-	CUP
Passive Power	-	P
---	---	---
Public Parking Services	-	P
Schools
College and University	-	CUP
Elementary and Secondary	-	CUP
Private Elementary and Secondary	-	CUP
RESIDENTIAL USE TYPES	OS	SPSD
---	---	---
Caretaker/Employee Housing	-	AP
Dwelling, Single-Family(3)	-	CUP
COMMERCIAL USE TYPES	OS	SPSD
---	---	---
Animal Sales and Service(6)
Veterinary Clinic	-	-
Veterinary Hospital	-	-
Commercial Recreation
Indoor Sports and Recreation	-	CUP
Outdoor Entertainment	-	CUP
Outdoor Sports and Recreation	-	CUP
Large Amusement Complex	-	CUP
Day Care Center	-	P
Lodging services(4)	-	-
Storage Facility, Recreational and Large Vehicle	-	AP
INDUSTRIAL USE TYPES	OS	SPSD
---	---	---
Mineral Extraction and Processing	-	-
TRANSPORTATION AND COMMUNICATION USE TYPES	OS	SPSD
---	---	---
Telecommunication Facilities(2)	CUP	P/AP/CUP

Notes:

(1) Additional requirements are contained in Chapter 17.180.
(2) Additional requirements are contained in Chapter 17.132.
(3) Supportive and transitional housing are considered residential use types.
(4) Bed and breakfasts, with three or fewer rooms.

(5) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

(6) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(7) Subject to the limitations set forth in Chapter 6.20 of the Colfax Municipal Code (limitations on number of animals).

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.68.030 - Open Space development standards.

Permitted uses and structures shall comply with the city's adopted community design guidelines and any other applicable requirements of this title.

B.

Additional development standards shall be determined as part of an administrative permit or conditional use permit.

(Ord. No. 519, 8-8-2012)

17.68.040 - Civic District development standards.

A.

Permitted uses and structures shall comply with the city's adopted community design guidelines and any other applicable requirements of this title.

Structures within 20 feet of a property line in any single-family (R-1), multi-family (R-M) or mixed-use zone (MU) shall comply with the lesser of the setback and height standards of the adjacent zoning district or a minimum setback of 6 feet plus one foot for every foot above 10 feet in height.

C.

Additional development standards shall be determined as part of an administrative permit or conditional use permit.

(Ord. No. 556, § 1(Exh. A), 12-13-2023)

Chapter 17.72 - RESIDENTIAL ZONES

17.72.010 - Purpose. ¶

This chapter provides regulations applicable to primary uses in the residential zoning districts established by Section 17.16.010 (zoning districts established). The residential zoning districts are as follows:

A.

Single-Family Residence District. The purpose of the single-family residence district (R-1) is to provide for areas in appropriate locations where quiet, low density residential neighborhoods may be established, maintained and protected. The regulations of this district are designed to promote and encourage a suitable environment for families, many of whom will have children. To this end the regulations permit the establishment of single-family dwellings and also permit, with proper controls, those public and quasipublic activities, such as schools, libraries, churches, parks and playgrounds, which serve the needs of families. The regulations are intended to prohibit the establishment or operation of any activity which would be inimical to such a residential environment.

B.

Multi-Family Residence District. The purpose of the multi-family residence district (R-M) is to provide for areas in appropriate locations where apartments, condominiums, townhouses, and other types of attached and detached housing in neighborhoods of varying degrees of density may be established, maintained and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment within walking distance of downtown. To this end the regulations permit, in accordance with the respective density district, multiple dwellings ranging from garden apartments to multistory apartment houses, in addition to small-lot subdivisions and attached and detached for-sale housing with necessary public services and activities subject to proper controls.

C.

Residential Mobilehome Subdivision District. The purpose of the residential mobilehome subdivision district (R-MHS) is to permit and regulate the development of mobilehome parks within the city, as well as the design and placement of mobilehomes within such mobilehome parks. The provisions of this article shall apply to new mobilehome parks and to the expansion of existing mobilehome parks and shall be in addition to the applicable rules and regulations of the state for mobilehome parks.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.72.020 - Residential zone districts permitted uses.

Primary uses are permitted in residential zones subject to the requirements of this title as designated below:

Principally permitted use, designated as "P";

Conditionally permitted use, designated as "CUP"; and

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

Accessory uses and structures are permitted in residential zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

OPEN SPACE USE TYPE	R-1	R-M	R-MHS
Animal Keeping	AP(8)	-	-
Resource Protection and Restoration	P	P	P
Resource Related Recreation	P	P	P
CIVIC USE TYPES	R-1	R-M	R-MHS
---	---	---	---
Community Assembly(7)	AP	AP	AP
Community Services	P	P	P
Essential Services	P	P	P
Libraries and museums	-	AP	-
Power Generating Facilities(1)
Emergency	P	P	P
Passive Power	P	P	P
Public Parking Services	-	CUP	-
---	---	---	---
Schools, Elementary and Secondary	AP	AP	-
Schools, Private Elementary and Secondary	AP	AP	-
RESIDENTIAL USE TYPES	R-1	R-M	R-MHS
---	---	---	---
Accessory Dwelling Unit (see also Junior ADU)	P	P	-
Community Care Facilities, Small	P	P	P
Dwelling(6)
Multi-Family	-	P	-
Single-Family	P	P	P
Employee Housing	P	P	P
Family Day Care Homes, Small	P	P	P
Family Day Care Homes, Large(3)	AP	AP	AP
Junior Accessory Dwelling Unit	P	P	-
Low-Barrier Navigation Centers	-	P(10)	-
Mobilehome Park	-	-	CUP
Rooming and Boarding House	-	P	-
Supportive and Transitional Housing	P	P	P
Single Room Occupancy (SRO)	-	CUP	-
COMMERCIAL USE TYPES	R-1	R-M	R-MHS
---	---	---	---
Commercial Recreation, Residential Recreation Facilities	CUP	CUP	CUP
Community Care Facility	-	P	-
Lodging services(4)	AP	AP	-
Long-Term Care Facility	-	CUP	-
Neighborhood Commercial	-	CUP	-
TRANSPORTATION AND COMMUNICATION USE TYPES	R-1	R-M	R-MHS
---	---	---	---
Telecommunication Facilities(5)	AP	AP	AP

Notes:

(1) Additional requirements are contained in Chapter 17.180.
(2) See Chapter 17.196 for second dwelling unit regulations.
(3) See Chapter 17.160 for large family day care home regulations.

(4) Bed and Breakfast establishments only, with five or fewer rooms.

(5) Additional requirements are contained in Chapter 17.136.

(6) Supportive and transitional housing are considered residential use types.

(7) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

(8) Subject to the limitations set forth in Colfax Municipal Code Chapter 6.20 (Limitations on Number of Animals).

(9) Employee housing serving six or fewer persons is considered single-family.

(10)(a) Low-barrier navigation centers requires that it offers services to connect people to permanent housing through a services plan that identifies services staffing;

"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(B), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment. and referrals;

(d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023; Ord. No. 559, § 1(Exh. A), 12-11-2024)

17.72.030 - Residential zone general development standards.

Residential Development Standards. Permitted uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title:

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

	Requirement by Zoning District	Requirement by Zoning District	Requirement by Zoning District
	R-1		R-M-1(1)	R-M-2(1)	R-MHS(2)
Minimum Site Area	-		-		10 acres
Minimum Parcel Area	R-1-5	5,000 sq. ft.
	R-1-10	10,000 sq. ft.
	R-1-15	15,000 sq. ft.	4,500 sq. ft.	2,000 sq. ft.	3,000 sq. ft.
	R-1-20	20,000 sq. ft.
	R-1-40	40,000 sq. ft.
Minimum Width	R-1-5	50 ft.
	R-1-10	80 ft.
	R-1-15	80 ft.	-		30 ft.
	R-1-20	100 ft.
	R-1-40	125 ft.
Residential Density	R-1-5	1 dwelling per lot(9)
	R-1-10	1 dwelling per lot(9)
	R-1-15	1 dwelling per lot(9)	4 to 10 units per gross acre	10 to 29 units per gross acres	8 lots per gross acre
	R-1-20	1 dwelling per lot(9)
	R-1-40	1 dwelling per lot(9)
Setbacks: (See Chapter 17.96.030 for setbacks for accessory structures)
Minimum Front(4)	R-1-5	20 ft.	10 percent of the parcel depth but no more than 10 ft		10 ft. extending the entire
	R-1-10	20 ft.
	R-1-15	20 ft.	.		width of the
	R-1-20	30 ft.
	R-1-40	30 ft.			mobilehome 5
---	---	---	---	---	---
Minimum Sides(4)	R-1-5	6 ft.			~~space()~~ 3 ft. on one
	R-1-10	8 ft.	5 ft. at the ground foor and		side and 10 feet on the
	R-1-15	8 ft.	an average of second foor.	8 ft. at the	other along the entire length of the lot
	R-1-20	10 ft.
	R-1-40	15 ft.
Minimum Rear	R-1-5	20 ft.
	R-1-10	30 ft.	10 ft.		5 ft. along the entire width of the
	R-1-15	30 ft.
	R-1-20	40 ft.			lot
	R-1-40	40 ft.
Maximum Site Coverage(6)	-		RM-1	40%	75%
			RM-2	75%
Minimum Usable Open Space per Dwelling Unit(7)	-		RM-1	400 sq. ft.
			RM-2	200 sq. ft.	-
Maximum Building Height(8)	2½ stories or 30 ft.		2½ stories or 30 ft.		30 ft.
Additions greater than 700 sq. ft. in area	May only be permitted upon approval of an administrative permit		May only be permitted upon approval of an administrative permit

Notes:

(1) These requirements shall be observed in the multi-family residence district (R-M), except where increased for conditional uses. All single-family dwellings in the R-M district shall conform to the height, area, lot width and yard requirements specified for the R-1-5 district.

(2) The general development standards for the R-MHS district may be modified through approval of a design review permit.

(3) Front setback (and side setback where adjacent to street) measured from back of walk. Fence side yard setback is five feet from back of walk where facing a street. In the absence of sidewalk, setbacks measured from the edge of right-of-way. In the case of corner lots, the shorter of the two frontages shall be deemed to be the front of the lot for the purposes of computing yard requirements. In the case of a lot having equal frontages or an irregularly shaped lot, the planning director shall determine the front of the lot in such a manner as to best promote the orderly development of the immediate area.

(4) Measured from the nearest element of the mobilehome to the closest edge of the street.

Uncovered stairs, landings and porches may encroach up to six feet into any yard setback; provided, however, such projections shall not extend above the entrance floor of the building, except for a railing, which shall not exceed the maximum height established by the California Building Code, as amended from time to time.

5.

Fire escapes may project into the required yard setback a distance not exceeding four and ½ feet.

6.

Side Yards—Projections. The projections set forth in subsections D.1—4. of this section shall be permitted in side yards; provided, however, they shall not extend nearer than three feet to a side lot line.

7.

Front Yards with Existing Buildings. In any residential district where twenty-five (25) percent or more of the lots in any block, exclusive of the frontage along the side of a corner lot, has been improved with buildings on or before August 24, 1967, the front yard required on each lot in such block shall be of a depth not less than the average depth of the front yards on the lots on which such existing buildings are located;

provided, however, where a lot is between adjoining developed lots, the required front yard shall be not less than the average of the front yards existing on such adjoining lots or where a corner lot adjoins a developed lot fronting on the same street, the required front yard shall be equal to that existing on the adjoining

developed lot, except that the front yard on a corner lot shall in no case be less than ten (10) feet. Detached garages or accessory buildings shall not be considered in determining such existing front yards. In any case, the required front yard shall not be greater than that required by the regulations for the district in which such lot is located.

Manufactured Homes. Manufactured homes are permitted in residential zones provided they are certified as complying the California Building Code requirements for high fire severity zones and meet the following architectural standards:

1.

The manufactured home shall be covered with exterior material customarily used on conventional dwellings within the subdivision. The exterior covering material shall extend to the ground as close to grade as allowed by the manufacturer's recommendation;

2.

The manufactured home shall have a minimum of sixteen (16) inch roof overhangs and roofing material on the manufactured home shall be compatible with other dwellings existing in the area and shall consist of materials customarily used on conventional dwellings. The roof shall have a minimum two and one-half in twelve (12) pitch.

F.

All uses in the residential districts (R) must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.72.040 - Supplemental development standards in the residential mobilehome subdivision (R-MHS) district.

The following development standards shall apply in the residential mobilehome subdivision district (RMHS):

A.

General. The planned mobilehome subdivision development shall be designed and developed in a manner compatible with and complementary to existing and potential residential developments in the immediate vicinity of the project site.

1.

Site Area. Each planned mobilehome subdivision development shall be not less than ten (10) acres in area.

2.

Fences and Walls. Each planned mobilehome subdivision development shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, such screening, when located within a front yard, shall be constructed at or behind the required setback.

3.

Perimeters. Site planning on the perimeters shall give consideration to the protection of the property from adverse surrounding influences, as well as to the protection of the surrounding areas from potentially

adverse influences within the development.

A setback of at least fifty (50) feet from the center line shall be maintained by any mobilehome, building or structure, except a wall or fence, from any street along an exterior boundary of the development; provided, however, when such street has a right-of-way width greater than sixty (60) feet, a setback of twenty (20) feet from the nearest edge of the right-of-way of such street shall be maintained. Otherwise a setback of not less than fifteen (15) feet from an exterior boundary shall be maintained.

4.

Common Open Space. At least one substantial common open space having a minimum of two hundred fifty (250) square feet per lot and a minimum dimension of one hundred (100) square feet and a slope of not more than two and one-half percent shall be provided. Completely enclosed indoor recreation facilities shall be provided and shall consist of not less than ten (10) square feet for each lot. Outdoor recreational facilities shall provide for both active and passive recreation. Such recreation area shall be landscaped, improved and maintained.

5.

Storage Areas. Common storage areas shall be provided within an enclosed fenced area for the residents of the planned mobilehome development for the storage of recreational vehicles, trailers, travel trailers and other licensed or unlicensed vehicles. Such area shall be not less than fifty (50) square feet for each lot.

6.

Parking. Parking spaces in planned mobilehome subdivision developments shall be as follows:

a.

Two spaces on each lot with dimensions of no less than nine feet by twenty (20) feet for each space. Such spaces may be in tandem;

b.

In addition to the spaces required by subsection A.6.a. of this section, one guest space for each five lots located within four hundred (400) feet of the farthest lot shall be provided; and

c.

In addition to those spaces required by subsections A.6.a. and b. of this section, one vehicle parking space for each ten (10) lots, and one class I bicycle parking space for every fifteen (15) lots, shall be provided at the recreation center.

7.

Sewers and Water. Each lot in a planned mobilehome subdivision development shall be provided with water and sewer connections in accordance with the regulations set forth in Title 25 of the California Administrative Code. Water shall be provided by a water company having a valid permit from the department of health of the state or the department of public health of the county. Public sewers shall be

provided by a public agency which has obtained discharge requirements approved by the appropriate regional water quality control board. Individual sewage disposal systems shall be approved by the department of public health of the county.

8.

Undergrounding. All sewer and water facilities and electric, gas, telephone and television signal distribution systems shall be placed underground.

9.

Antennas. Television reception shall be by means of cable television or a master antenna system. No other exterior television antennas shall be permitted.

10.

Landscaping. All areas in a planned mobilehome subdivision development not used for parking, circulation, buildings and service areas shall be completely and permanently landscaped. The planned mobilehome development shall relate harmoniously to the topography of the site and, where feasible, make suitable provisions for the preservation of watercourses, wooded areas, rough terrain and similar natural features and areas and shall otherwise be so designed as to use such natural features and amenities to their best advantage.

11.

Fire Protection. Fire protection systems shall be as required by the commission.

12.

Lighting. Artificial light should be provided and maintained for walks, driveways, parking areas and other facilities, as set forth in Title 25 of the California Administrative Code, to assure safe and convenient nighttime use.

13.

Signs. Signs shall conform to the provisions of Chapter 17.112 of this title.

14.

Architectural Control. All mobilehomes will be subject to architectural approval via design review. Natural colors and textures in materials shall be encouraged. Only nonglare siding and roofing will be allowed. Complete skirting shall be required and shall match or blend with the exterior siding of the mobilehome.

B.

Streets. All streets within the planned mobilehome development shall be improved to county road standards for the particular classification of street and all such streets shall be offered for dedication to the public. Dead-end or cul-de-sac streets shall be limited to two hundred (200) feet in length.

Modification of Requirements. Modifications of the development criteria set forth in this section may be granted by the planning director when it determines that such modifications will not be detrimental to the subject development, adjacent properties or the public interests; provided, however, no modification shall be granted from the density requirements nor from the total open space area requirements set forth in this section.

D.

Occupancy Guidelines. The following occupancy guidelines shall apply in mobilehome parks:

1.

Lot Maintenance. All spaces shall remain under the direct control of the management. Residents shall maintain their spaces in a clean, well-kept and attractive fashion, including the front, sides and back. If a space is neglected, the management shall reserve the right to take over its care and bill the resident for such services. All trash, debris, boxes, barrels, tools, ladders and the like shall be out of sight. Only patio, lawn and barbecue furniture and equipment may be on the outside of the mobilehome. When a space is vacated, all structures, awnings and footings shall be removed and the lot left in its original condition. Residents may not make any structural change to the lot or alter or paint any park property, including curbs, driveways, trees and utility islands.

2.

Lot Usage. No repairing or minor servicing of cars shall be permitted in driveways, carports or streets. Any car dripping gasoline or oil shall be fixed to avoid damage to the paving. Driveways shall be kept clean of oil stains. Storage under mobilehomes shall not be permitted.

3.

Landscaping. The full front, side and rear yards shall be landscaped within ninety (90) days following occupancy. Landscaping should consist of plantings and groundcover. Rock, bark, gravel or artificial groundcover may be used with approval. It shall be the residents' responsibility to provide an entry walk from the street to the mobilehome raised deck. Residents shall maintain landscaping at all times. Residents shall obtain internal management approval prior to installing irrigation systems or digging below twelve (12) inches so as not to damage underground utilities.

Chapter 17.74 - MIXED USE ZONES

17.74.010 - Purpose. ¶

There are two mixed use zoning districts.

Mixed Use - 1 is applied to Main Street in the Historic Downtown (MU-1) and is intended to retain the historic character of the downtown while providing a vibrant mix of uses in an attractive area where the community and visitors gather to shop, socialize, and recreate, and where residents can live. This district requires that the ground-floor spaces with street frontage be accessible to the public and that uses

generate walk-in clientele to contribute to and activate the pedestrian experience along Main Street. Appropriate ground-floor uses with street frontage include retail shops, cafes, restaurants, and other similar

uses that generate pedestrian traffic. Spaces without ground-floor street frontage are intended for uses such as offices, residential, and lodging.

The Mixed Use - 2 zoning district applies to the neighborhoods adjacent to the Historic Downtown and along segments of S. Auburn Street. This zone provides areas in which residents can live, work, shop, worship, socialize, and obtain public services. A mix of land uses with varying degrees of intensity determined by location are allowed in the MU-2 zone. Commercial uses that are appropriate among singlefamily and multifamily residences are intended for the MU-2 zone, with more intense uses limited through conditional and administrative use permits to areas along E. Grass Valley Street and South Auburn Street. Different land uses can be in the same building or on the same site.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.74.020 - Permitted use types.

Primary uses are permitted in mixed use zones subject to the requirements of this title as designated below:

Principally permitted use, designated as "P";

Conditionally permitted use, designated as "CUP"; and

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district. Any single use that occupies more than five thousand (5,000) square feet in the MU-1 zone or more than eight thousand (8,000) square feet in the MU-2 zone is subject to a conditional use permit.

Accessory uses and structures are permitted in mixed use zones subject to the requirements set forth in Chapter 17.96.

Chapter 17.96.
CIVIC USE TYPES	MU-1	MU-2
Community Assembly(2)	P(1)	P
Community Services	P	P
Essential Services	P	P
Libraries and museums	P	P
Power Generating Facilities(3)
Emergency	P	P
Passive Power	P	P
Public Parking Services	-	AP
---	---	---
Social Services
Food Distribution(4)	CUP	CUP
Food Service(5)	CUP	CUP
Emergency Shelter(6)	-	CUP
RESIDENTIAL USE TYPES	MU-1	MU-2
---	---	---
Community Care Facilities, Small
Dwelling
Accessory Dwelling Unit	P(1)	P
Junior Accessory Dwelling Unit	P(1)	P
Multi-Family	P(1)	P
Single-Family	P(1)	P
Employee Housing	P(1)	P
Family Day Care Homes, Small	P(1)	P
Family Day Care Homes, Large(7)	P(1)	P
Low-Barrier Navigation Centers	P(2)	P(2)
Rooming and Boarding House	P(1)	P
Supportive and Transitional Housing	P(1)	P
COMMERCIAL USE TYPES	MU-1	MU-2
---	---	---
Animal Sales and Service(8)
Grooming and Pet Stores	P	P
Veterinary Clinic	P	P
Automotive and Equipment
Automotive Body and Equipment Repair	-	CUP
Automotive Rentals	AP	AP
Automotive Repairs	-	CUP
Automotive Sales	-	-
---	---	---
Carwash and Detailing	-	CUP
Commercial Parking	-	CUP
Gasoline Sale	-	CUP
Banks and Financial Services	P	P
Bars and Drinking Places	AP	AP
Broadcasting and Recording Studios	P	P
Business Support Services	P	P
Community Care Facility	-	AP
Day Care Center	AP	AP
Eating and Drinking Establishments
Fast Food with Drive-Through	-	-
Convenience	P	P
Full Services	P	P
Food and Beverage Retail Sales	P	P
Lodging	P	P
Long-Term Care Facility	CUP	-
Maintenance and Repair	P(1)	P
Medical Services, General	P(1)	P
Neighborhood Commercial	P	P
Nightclubs(9)	AP	-
Ofces, Professional	P	P
Personal Services	P	P
Retail Sales and Services	P	P
Specialized Education and Training
Vocational Schools	P(1)	P
Specialty Schools	P(1)	P
TRANSPORTATION AND COMMUNICATION USE TYPES	MU-1	MU-2
---	---	---

Telecommunication Facilities[(10)]

P/AP/CUP

Notes:

(1) Only allowed on the second story or on ground floor portions of buildings that are no less than 30 feet from the front property line.

(2)(a) It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(3) Additional requirements are contained in Chapter 17.180.

(4) Additional requirements are contained in Chapter 17.148.

(5) Additional requirements are contained in Chapter 17.144.

(6) Additional requirements are contained in Chapter 17.140.

(7) Additional requirements are contained in Chapter 17.160

(8) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(9) Additional requirements are contained in Chapter 17.164

(10) Additional requirements are contained in Chapter 17.132

(Ord. No. 555, § 1(Exh. A), 10-11-2023; Ord. No. 558 , § 1(Exh. A), 9-11-2024; Ord. No. 559, § 1(Exh. A), 1211-2024)

17.74.030 - Mixed use zone general development standards.

The general development standards of the Retail Commercial (C-R) zone contained in section 17.76.030 shall apply to the MU-1 and MU-2 zones, except that in the MU-1 zone, the front yard setback shall not

exceed three feet.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.74.040 - Mixed use density standards. ¶

In the downtown mixed-Use (MU-1) zone, the maximum floor area ratio (FAR) allowed is 2.0 and a minimum of six hundred twenty-five (625) square feet of net parcel area is required per dwelling unit.

In the mixed-use (MU-2) zone, the maximum floor area ratio (FAR) is 1.5 and the allowed residential density is ten (10) to twenty-nine (29) dwelling units per acre.

For the purposes of this section, the calculation of FAR shall include all residential floor area on a parcel in addition to floor area as defined in section 17.12.030 of this title.

(Ord. No. 556, § 1(Exh. A), 12-13-2023)

Chapter 17.76 - COMMERCIAL ZONES

17.76.010 - Purpose. ¶

This chapter provides regulations applicable to primary uses in the commercial zoning districts established by Section 17.16.10 (zoning districts established). The commercial zoning districts are as follows:

A.

Retail Commercial District. The purpose of the retail commercial district (C-R) is to provide for areas where shopping centers may be established to serve surrounding residential neighborhoods and the outlying districts. The regulations of this district are designed to promote a combination of retail and service facilities to meet the needs of residents of the surrounding area.

B.

Highway Commercial District. The purpose of the highway commercial district (C-H) is to provide for areas in appropriate locations adjacent to thoroughfares where activities dependent upon or catering to thoroughfare traffic may be established, maintained and protected. The regulations of this district are designed to encourage centers for retail, commercial, entertainment, automotive and tourist housing facilities and other appropriate highway-related activities. Zoning regulations for this district are provided in more detail in the I-80 corridor revitalization district.

(Ord. No. 519, 8-8-2012)

17.76.020 - Permitted use types. ¶

Primary uses are permitted in commercial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

Accessory uses and structures are permitted in commercial zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

COMMERCIAL ZONE DISTRICTS PERMITTED USES

COMMERCIAL ZONE DISTRICTS PERMITTED USES	COMMERCIAL ZONE DISTRICTS PERMITTED USES	COMMERCIAL ZONE DISTRICTS PERMITTED USES
OPEN SPACE USE TYPES	C-R	C-H
Resource Protection and Restoration	CUP	CUP
CIVIC USE TYPES	C-R	C-H
Community Assembly(11)	AP/CUP	-
Community Services	AP	AP
Hospital Services
General Hospital Services	AP/CUP	AP/CUP
Psychiatric Hospital Services	CUP	CUP
Libraries and Museums, Private	P	P
Public Parking Services	P	P
Schools
College and University	CUP	AP
Elementary and Secondary	CUP	AP
Private Elementary and Secondary	CUP	AP
Social Services
Food Distribution(2)	AP/CUP	AP/CUP
Food Service(3)	AP/CUP	AP/CUP
Emergency Shelter(4)	AP/CUP	AP/CUP
Power Generating Facilities(8)
Emergency	AP	AP
---	---	---
Supplemental/Individual Use	AP	AP
Passive Power	P	P
RESIDENTIAL USE TYPES	C-R	C-H
Caretaker/Employee Housing	CUP	CUP
Dwelling(9)
Accessory Dwelling Unit(10)	P	P
Multifamily	CUP	-
Single-family	CUP	CUP
Family Day Care Home, Small	P	-
Family Day Care Home, Large(14)	CUP	-
Junior Accessory Dwelling Unit(10)	P	P
Single Room Occupant	-	-
COMMERCIAL USE TYPES	C-R	C-H
Adult-oriented Businesses(1)	CUP	CUP
Animal Sales and Service(13)
Grooming and Pet Stores	P	P
Kennels(12)	AP	AP
Veterinary Clinic	P	P
Veterinary Hospital	AP	AP
Automotive and Equipment
Automotive Body and Equipment Repair	AP/CUP	P
Automotive Rentals	P	P
Automotive Repairs	CUP	P
Automotive Sales	P	P
Carwash and Detailing	AP	P
Commercial Parking	P	P
Heavy Equipment Rental and Sales	P	P
Gasoline Sale	AP	P
Banks and Financial Services	P	P
Bars and Drinking Places	AP	AP
---	---	---
Broadcasting and Recording Studios	P	P
Building Material Stores	P	P
Business Support Services	P	P
Commercial Cannabis Activities
Cultivation	P	P
Cultivation Nursery	P	P
Distributor	P	P
Manufacturer	P	P
Microbusiness	P	P
Retailer	P	P
Testing Laboratory	P	P
Commercial Recreation
Amusement Center	P	P
Indoor Entertainment	P	P
Indoor Sports and Recreation	P	P
Outdoor Entertainment	AP	P
Outdoor Sports and Recreation	P	P
Large Amusement Complexes	AP	P
Community Care Facility	AP	-
Day Care Center	AP	-
Eating and Drinking Establishments
Fast Food with Drive-Through	AP	P
Convenience	P	P
Full Services	P	P
Food and Beverage Retail Sales	P	P
Funeral and Interment Services	CUP	AP
Lodging	P	P
Long-Term Care Facility	CUP	-
Maintenance and Repair	P	P
Medical Services, General	P	P
Neighborhood Commercial	P	-
---	---	---
Nightclubs(5)	AP	AP
Nursery, Retail	P	P
Ofces, Professional	P	P
Personal Services	P	P
Retail Sales and Services	P	P
Specialized Education and Training
Vocational Schools	P	P
Specialty Schools	P	P
Storage Facility, Self-service(15)	CUP	CUP
INDUSTRIAL USE TYPES	C-R	C-H
Day care centers, secondary	CUP	CUP
Laundries, Commercial	P	P
Printing and Publishing	P	P
Research Services	P	P
Wholesaling and Distribution, Light	AP	P
TRANSPORTATION AND COMMUNICATION USE TYPES	C-R	C-H
Telecommunication Facilities(6)	P/AP/CUP	P/AP/CUP
Heliport	CUP	CUP
Intermodal Facilities(7)	CUP	CUP

Notes:

(1) Additional requirements are contained in Chapter 17.128.
(2) Additional requirements are contained in Chapter 17.148.
(3) Additional requirements are contained in Chapter 17.144.
(4) Additional requirements are contained in Chapter 17.140.
(5) Additional requirements are contained in Chapter 17.164.
(6) Additional requirements are contained in Chapter 17.132.
(7) Additional requirements are contained in Chapter 17.136.
(8) Additional requirements are contained in Chapter 17.180.
(9) Supportive and transitional housing are considered residential use types.
(10) See Chapter 17.196 for accessory dwelling unit regulations.

(11) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit pursuant to Chapters 17.144 and 17.148.

(12) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).
(13) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).
(14) Additional requirements are contained in Chapter 17.176.
(15) Additional requirements are contained in Chapter 17.160.
(Ord. No. 519, 8-8-2012; Ord. No. 542, § 1(Exh. B), 7-8-2020; Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.76.030 - Commercial zone general development standards.

A.

General. Permitted uses and structures shall comply with the city's adopted community design guidelines, applicable specific plans, approved design review permit and any other applicable requirements of this title.

B.

Maximum Height. Notwithstanding these requirements referred to in subsection A. of this section, maximum height limits in the commercial zoning districts are as follows unless otherwise modified by an approved design review permit or specific plan:

Zoning District	Height Limit
Retail Commercial (C-R)	30′
Highway Commercial (C-H)	35′

C.

Clear Vision Triangle, Nonresidential. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six (36) inches in height above the top of the existing or planned curb

elevation shall be erected, placed, planted, or allowed to grow within a commercial clear vision triangle (see Chapter 17.12, definitions). The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that the ordinance codified in this chapter becomes effective; and official warning signs or signals.

2.

The clear vision triangle standards are subject to mandatory code enforcement for health and safety reasons and discretionary code enforcement for aesthetic reasons.

D.

Area, Lot Width and Yards.

1.

The following minimum requirements shall be observed in the retail commercial district (C-R), except where increased for conditional uses:

Lot Area (Sq. Feet)	Front	Side	Rear
5,000	None, except where the abutting side lot line is in a residential district, then not less than required for such residential district	None, except where a side lot line is abutting a residential district, then not less than the side yard required for such residential district	10 feet, except where abutting a residential district, then the setback shall equal the building height but no be more than 20 feet.

2.

The following minimum requirements shall be observed in the highway commercial district (C-H), except where increased for conditional uses:

Lot Area (Square Feet)	Lot Coverage (Maximum Percent)	Yards in Feet Front	Yards in Feet Side	Yards in Feet Rear
5,000	50	25	None, except where abutting a residential district, then not less than 20 feet	10 feet, except where abutting a residential district, then not less than 25 feet

E.

Exceptions to Height Limits. Notwithstanding the requirements of subsection 17.76.030B., the following structures are permitted to exceed the maximum height limits, as follows:

1.

F.

All uses in the commercial districts must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012Ord. No. 555, § 1(Exh. A), 10-11-2023)

Chapter 17.80 - INDUSTRIAL ZONES

17.80.010 - Purpose. ¶

This chapter provides regulations applicable to primary uses in the industrial zoning district established by Section 17.16.10 (zoning districts established). The purposes of the industrial zoning district are to designate areas appropriate for the maintenance, establishment and protection of light industrial uses and heavy industrial uses, where uses do not produce objectionable effects observable beyond the boundaries of the site.

Industrial uses that have limited outdoor storage and the emission of limited amount of visible gasses, particulates, steam, heat, odor, vibration, glare, dust, and noise may be compatible operating in relatively close proximity to commercial and residential uses. These uses include indoor manufacturing, processing, assembly, high technology, research and development and storage uses.

Wholesale and heavy commercial activities and industrial processes are subject to approval of administrative permits or conditional use permits, and are to be limited to areas of the industrial zone not close to commercial and residential uses.

(Ord. No. 519, 8-8-2012; Ord. No. 556, § 1(Exh. A), 12-13-2023)

17.80.020 - Permitted use types. ¶

Primary uses are permitted in industrial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district. Any use that occupies more than 15,000 square feet of indoor area, outdoor area, or a combination of indoor and outdoor area in the Industrial zone is subject to a conditional use permit.

Accessory uses and structures are permitted in industrial zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.


INDUSTRIAL ZONE DISTRICT PERMITTED USES
OPEN SPACE USE TYPES	I
Resource Protection and Restoration	P
CIVIC USE TYPES
Community Assembly(8)	CUP
Community Services	AP
Essential Services	AP
Intensive Public Facilities	CUP
Power Generating Facilities(7)
Emergency	P
Supplemental/Individual Use	CUP
General Power Production	CUP
Passive Power	P
Public Parking Services	P
Schools
College and University	CUP
Social Services
Food Distribution(2)	AP/CUP
Food Service(3)	AP/CUP
Emergency Shelter(4)	AP/CUP
RESIDENTIAL USE TYPES
Caretaker/Employee Housing	AP
COMMERCIAL USE TYPES
---	---
Adult-Oriented Businesses	CUP
Animal Sales and Service(10)
Kennels(9)	P
Veterinary Clinic	AP
Veterinary Hospital	P
Automotive and Equipment
Automotive Body and Equipment Repair	AP
Automotive Rental	P
Automotive Repairs	AP
Automotive Sales	P
Carwash and Detailing	P
Commercial Parking	P
Heavy Equipment Rental and Sales	P
Gasoline Sales	P
Impound Yards	AP
Broadcasting and Recording Studios	P
Building Material Stores	P
Business Support Services	P
Commercial Cannabis Activities
Cultivation	P
Cultivation Nursery	P
Distributor	P
Manufacturer	P
Microbusiness	P
Retailer	P
Testing Laboratory	P
Commercial Recreation
Indoor Entertainment	AP
Indoor Sports and Recreation	P
Outdoor Entertainment	CUP
Outdoor Sports and Recreation	P
---	---
Large Amusement Complexes	CUP
Day Care Center, Secondary (Employees Only)	P
Eating and Drinking Establishments, Convenience	P
Maintenance and Repair	P
Nightclubs(1)	CUP
Nursery, Retail	P
Ofces, Professional	P
Personal Services	AP
Retail Sales and Services	P
Specialized Education and Training
Vocational Schools	AP
Specialty Schools	AP
Storage Facility, Self-service(11)	CUP
Storage Facility, Recreational and Large Vehicles	CUP
INDUSTRIAL USE TYPES
Equipment and Materials Storage Yards	AP
General Industrial	AP
Hazardous Materials Handling	AP
Laundries, Commercial	P
Light Manufacturing	P
Mineral Extraction and Processing(12)	CUP
Printing and Publishing	P
Recycling, Scrap and Dismantling
Enclosed	P
Unenclosed	AP
Research Services	P
Specialized Industrial	AP
Wholesale and Distribution
Light	P
Heavy	CUP
---	---
TRANSPORTATION AND COMMUNICATION USE TYPES
Antennas and Communications Facilities(5)
Developed Lot	AP
Undeveloped Lot	AP
Heliport	CUP
Intermodal Facilities(6)	AP
Telecommunication Facilities(5)	P/AP/CUP

Notes:

(1) Additional requirements are contained in Chapter 17.164.
(2) Additional requirements are contained in Chapter 17.148.
(3) Additional requirements are contained in Chapter 17.144.
(4) Additional requirements are contained in Chapter 17.140.
(5) Additional requirements are contained in Chapter 17.132.
(6) Additional requirements are contained in Chapter 17.136.
(7) Additional requirements are contained in Chapter 17.180.

(8) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

(9) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).

(10) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(11) Additional requirements are contained in Chapter 17.176.
(12) Additional requirements are contained in Chapter 17.163.

(Ord. No. 519, 8-8-2012; Ord. No. 542, § 1(Exh. B), 7-8-2020; Ord. No. 556, § 1(Exh. A), 12-13-2023)

17.80.030 - Industrial zone general development standards.

General. Permitted uses and structures shall comply with the city's adopted community design guidelines, applicable specific plans, and any other applicable requirements of this title.

B.

Maximum Height. There shall be no height requirements in the industrial districts, except that within one hundred (100) feet of the boundary of any adjoining district, no building shall exceed the height limit established for a main building in such adjoining district.

C.

Exceptions to Height Limits. Notwithstanding the requirements of subsection 17.80.030B., the following structures are permitted to exceed the maximum height limits, as follows:

1.

D.

Area, Lot Coverage and Yards. There shall be no area, lot coverage and yard requirements in the industrial districts, except that for any parcel in an industrial district having a lot line in common with a lot in an adjoining district or lying directly across a street or alley (other than a freeway) from such adjoining district, the front, side and rear yards as prescribed for such adjoining district shall be maintained.

E.

Fences and Walls. Any area outside of a building in the industrial districts used for an activity other than offstreet parking and loading shall be completely enclosed or screened appropriate to that use so that the use does not interfere with or infringe upon adjacent properties or traffic.

F.

All uses in the industrial districts must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012)

Chapter 17.84 - OVERLAY AND SPECIAL PURPOSE ZONES

17.84.010 - Purpose. ¶

The overlay and special purpose zone districts established by this title provide guidance for development and new land uses in addition to the standards and regulations of the applicable zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning.

(Ord. No. 519, 8-8-2012)

17.84.020 - Historic zone. ¶

A.

Findings. The city council finds establishment of the historic zone necessary to achieve the cited mitigation of the community design element and implementation of the Colfax General Plan 2020 with the following findings:

1.

The historic zone will maintain the small town character that makes Colfax a desirable place to live;

2.

The historic zone will maintain and enhance the city's character and visual appearance in order to create a quality fixture community; and

3.

The historic zone will maintain and enhance the historic resources, qualities and character of the city.

B.

Purpose and intent. The purpose and intent of the historic zone is to establish an area that will maintain and enhance the city's character and visual appearance in order to create a quality future community; and to continue to maintain and enhance the historic resources, qualities and character of the city.

C.

Subject to the review and approval of the planning commission, planned developments in the agricultural (A), single-family residence (R-1) and multi-family residence (R-M) districts may include any use listed as a permitted, accessory or conditional use in any of such districts as set forth in Chapters 17.68 and 17.72 of this title. Incidental to such residential uses, limited commercial development may be permitted in the amount of not more than one thousand two hundred (1,200) square feet of commercial floor area for each fifty (50) dwelling units within the planned unit development.

(Ord. No. 519, 8-8-2012)

17.88.050 - Same—Commercial districts. ¶

Subject to the review and approval of the planning commission, planned developments in the retail commercial (C-R) and highway commercial (C-H) districts may include any use permitted by the provisions of Section 17.88.040 of this chapter, plus any use listed as a permitted, accessory or conditional use in any of such districts as set forth in Chapter 17.76 of this title.

(Ord. No. 519, 8-8-2012)

17.88.060 - Same—Industrial district. ¶

Subject to the review and approval of the planning commission, planned developments in the industrial district (I) may include any use listed as a permitted, accessory or conditional use in such district as set forth in Chapter 17.80 of this title.

(Ord. No. 519, 8-8-2012)

17.88.070 - Approval—Authority and findings. ¶

The approval authority for planned developments is the planning commission. In approving a planned development permit, the planning commission must make the findings set forth in subsection 17.40.070H.

(Ord. No. 519, 8-8-2012)

17.88.080 - Same—Principle considerations. ¶

Upon reviewing applications for proposed planned developments, the planning commission shall consider the following principles:

A.

That it is the intent of this chapter that site and building plans prepared for a planned development shall be prepared by a designer or team of designers having professional competence related to the use proposed in the application. The planning commission may require the applicant to engage such a qualified designer or design team; and

B.

That it is not the intent of this chapter that control of the design of a planned development by the planning commission be so rigidly exercised that individual initiative shall be stifled and substantial additional expense incurred; rather, it is the intent of this chapter that the control exercised be the minimum necessary to achieve the purposes of this title.

(Ord. No. 519, 8-8-2012)

ARTICLE IV. - GENERAL DEVELOPMENT REGULATIONS Chapter 17.92 - GENERAL DEVELOPMENT STANDARDS

17.92.010 - Purpose. ¶

The provisions of this article apply to all zones and all use classifications unless otherwise stated.

(Ord. No. 519, 8-8-2012)

Chapter 17.96 - ACCESSORY USES AND STRUCTURES

17.96.010 - Purpose. ¶

The purpose of these provisions is to specify the uses that are permitted as accessory to the primary uses in the zone districts, and to establish the regulations that apply to accessory structures.

(Ord. No. 519, 8-8-2012)

17.96.020 - Accessory uses. ¶

A.

Accessory Uses Encompassed by Primary Use. In addition to the primary uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary uses. It shall be the responsibility of the planning director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary use, based on the planning director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the primary uses and the relationship between the proposed accessory use and the primary use. Determinations by the planning director shall be subject to appeal pursuant to Chapter 17.44, and a record of all such determinations shall be maintained by the planning director.

B.

Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the primary uses within each use classification, except as otherwise expressly provided by these regulations.

Permitted Accessory Uses for Residential Use Types.

1.

Home occupations, as permitted in Chapter 17.152.

2.

Garage/yard sales, with the following limitations:

a.

Three sales per calendar year at the same address;

b.

Not to exceed three calendar days per event; and

c.

Operating during daylight hours only.

3.

Off-street parking areas and parking structures for use by persons living, or visiting the premises.

4.

Repair and maintenance of automobiles or other vehicles if work is being done on a vehicle registered to a resident of the premises, or not more than one automobile or other vehicle at a time if work is being done on a vehicle registered to someone other than a resident of the premises. Notwithstanding the above, repair or maintenance of any tractor trucks or semi-trucks is not permitted in any residential zone district.

5.

Rental and sales offices for the leasing and sales of units located in the same apartment or condominium complex.

6.

The following accessory uses and buildings shall be permitted in mobilehome parks:

a.

Accessory uses and accessory buildings customarily appurtenant to a permitted use, such as the following accessory structures and uses on individual lots: cabanas, ramadas, patio slabs, carports or garages and storage and washroom buildings;

b.

Accessory uses customarily incidental and subordinate to the residential occupancy of the mobilehomes which are expressly provided for residents of the mobilehome park only, such as:

i.

A manager's office and maintenance equipment storage area;

ii.

Laundry facilities; and

iii.

Carwashing facilities.

7.

Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

D.

Permitted Accessory Uses for Schools, Community Assembly and Community Services Use Types.

1.

Recycling collection center for collection of newspapers only, by nonprofit organizations, when operated in conformance with Chapter 17.184 (recycling collection centers).

2.

Fundraising sale and events.

3.

Food service and distribution facilities (community assembly uses only) subject to the permit requirements set forth in Chapters 17.144 and 17.148.

4.

Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

E.

Permitted Accessory Uses for Commercial and Industrial Use Types.

1.

Automatic teller machines, vending machines and video dispensing machines, where such machines or facilities are designed, located or attached so that they are protected from the elements and completely visible from adjacent public streets. Such location/design must be approved by the planning director.

2.

Cafeteria, delicatessen and food vending with an area of less than one thousand (1,000) square feet.

3.

Fleet storage of company owned vehicles within a parking lot.

4.

Open air vending facilities, as permitted by Chapter 17.168.

5.

Outdoor storage, provided that:

a.

All outdoor storage in commercial zones shall be screened from public view through a combination of building design, landscaping and berming, and or location. Any outdoor storage that is not completely screened, as determined by the planning director, is subject to an administrative permit;

b.

There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts except where authorized by an automobile, trailer, airplane, or boat sales business in commercial zones.

6.

Recreational Facilities (Indoors or Outdoors) for Use of Employees. Such facilities include, but are not limited to, basketball courts, ballfields, putting greens and volleyball courts.

7.

Recycling collection center, as permitted by Chapter 17.184.

8.

Used goods collection center, as permitted by Chapter 17.208.

9.

Plazas.

10.

Caretaker residence when associated with a personal storage facility.

11.

Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

F.

Permitted Accessory Uses for Agricultural Use Types.

1.

Home occupations, as permitted in Chapter 17.152;

2.

Growing and harvesting of timber, Christmas trees, or other plants;

3.

Fruit and nut dehydrating plants;

4.

Nurseries, greenhouses, mushroom rooms, floriculture;

5.

Apiaries and honey extraction plants;

6.

Wineries and cideries as defined in Chapter 17.12 and the following incidental uses subject to providing adequate off-street parking as determined by the planning director and meeting all necessary clearances from the health and building departments:

a.

Wine, cider and other agricultural product tasting;

b.

Winery, cidery and other agricultural product tours;

c.

Wholesale and retail sales of wine, grape, cider and other agricultural products;

d.

Compensated or non-compensated events with up to fifty (50) persons in attendance with no limitation on the number of events per year;

e.

Picnic area(s) for winery, cidery and other agricultural product-related activities;

f.

Art galleries with sales and framing;

g.

A food preparation facility for catering on-premises indoor or outdoor functions;

h.

Agricultural-related museums;

i.

Gift display not to exceed a total of five hundred (500) square feet in interior footprint area for the retail sale of winery, cidery and other agricultural product-related promotional items, gift items, and/or prepackaged foods,

j.

Social gatherings or weddings occurring on weekends for up to the maximum occupancy load as established by the California Building Code up to and including two hundred fifty (250) persons up to and including twelve (12) events per year with no more than four such events per month,

k.

Indoor or outdoor amplified music until ten (10) p.m.

7.

Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

(Ord. No. 519, 8-8-2012)

17.96.030 - Accessory structures. ¶

A.

Accessory Structures Included with Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures. It shall be the responsibility of the planning director, or his or her designee, to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the planning director's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the planning director shall be subject to appeal pursuant to of Chapter 17.44, and a record of all such determinations shall be maintained by the planning director. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required (e.g., design review permit). Any variance to the accessory structure requirements shall be processed administratively by the planning director.

B.

Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the primary structures within each zoning district, except as otherwise expressly provided by these regulations. Accessory structures may be established concurrently or following the construction of a primary structure.

C.

Permitted Accessory Structures to Dwelling Use Type (Single-Family and Two-Family).

1.

Decks. Uncovered decks under thirty (30) inches in height are permitted anywhere on a parcel, without respect to required setbacks. Any deck which is 30 inches or taller in height, as measured from the edge of the deck and, maintaining a horizontal plane, to six (6) feet from the edge of deck, shall maintain a minimum side yard setback of one and one-half times the required side yard setback for the primary structure, a rear yard setback of one-half the required rear yard setback for the primary structure, a ten-foot front yard setback, and shall be located consistent with the residential clear vision triangle requirements of subsection

17.72.030B. Second story decks or widow's walks are permitted, as long as the required yard setbacks are maintained, and may run the entire length of the wall on which they are located.

2.

Covered Patios Attached to Existing Residences. Patio covers attached to the residence have no site coverage restrictions.

3.

Unenclosed Structures, Including, But Not Limited to, Shade Structures, Carports, Boat and RV Covers and Gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a.

Any structure not attached to the residence shall not enclose any area equal to or greater than twenty (20) percent of the available yard space on the side of the residence where the structure is located;

b.

The structure shall not be constructed of materials which would create a year-round livable area;

c.

The structure shall not exceed fifteen (15) feet in height and one story. For each foot in height above ten (10) feet the required setback, except the front yard setback, shall be increased by one foot.

d.

The structure shall maintain a fifteen-foot front yard setback and a five-foot rear and side yard setback;

e.

On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;

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f.

On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a ten-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way.

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4.

Enclosed structures less than one hundred twenty (120) square feet, and:

a.

Less than Seven Feet in Height.

i.

General. Detached buildings or structures less than or equal to one hundred twenty (120) square feet in floor area and less than seven feet in height may be located anywhere within a parcel, but shall maintain the required front yard setback. Such buildings are limited to one per legal parcel.

ii.

Corner Lot. On the street side of a corner lot the building or structure shall be setback to maintain a fivefoot setback from the back of the sidewalk, or in the absence of a sidewalk, five feet from the back of the right-of -way.

==> picture [336 x 213] intentionally omitted <==

iii.

Corner Lot Adjacent to a Key Lot. On the street side of a corner lot adjacent to a key lot, the building or structure shall be setback to maintain a ten-foot setback from the back of sidewalk, or in the absence of a sidewalk, ten (10) feet from the back of the right-of-way.

==> picture [321 x 237] intentionally omitted <==

b.

Greater than Seven Feet in Height.

i.

The maximum height is fifteen (15) feet and one story;

ii.

Five feet from the rear and side property lines;

iii.

Twelve (12) and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv.

For each foot in height above ten (10) feet, the required setback, except for the front yard setback, shall be increased by one foot.

5.

Enclosed Structure(s) Greater than One Hundred Twenty (120) Square Feet. Enclosed structures located on the same lot that individually or cumulatively are equal to or greater than one hundred twenty (120) square feet in floor area are subject to the following requirements:

a.

General.

i.

If the building or structure is located within a required rear yard, the total size of the building or buildings, cumulatively, shall be less than fifty (50) percent of the required rear yard setback.

ii.

The required front yard setback of the applicable residential zone district shall be maintained.

iii.

A maximum of seven hundred (700) square feet of detached building(s) or structure(s) is permitted on the same lot. Additional square footage of detached accessory building(s) or structure(s), in excess of seven hundred (700) square feet, may be permitted upon approval of an administrative permit.

iv.

A minimum six-foot separation shall be maintained from any other building or structure located on the same lot.

v.

An extension of the main building or accessory building roof (e.g., a breezeway) may connect the accessory building to the primary building, but it shall not be considered part of (attached to) the main (primary) building. The breezeway and accessory building must maintain required side yard setbacks, as specified in subsection C.5.b. In addition, any accessory structure located less than six feet from a primary building shall be considered attached to (and part of) the primary building for purposes of this article.

vi.

Additions to primary structures that exceed seven hundred (700) square feet in area may be permitted upon approval of an administrative permit, which may include a public hearing as provided in Sections 17.32.010

Within five feet of the back of the sidewalk or in the absence of a sidewalk the back of the right-of-way of a street-side for a corner lot or within ten (10) feet of the back of the sidewalk or right-of-way of a street side for a corner lot adjacent to a key lot.

==> picture [430 x 224] intentionally omitted <==

c.

When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

d.

The height of a fence or wall may be increased to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit.

e.

The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

7.

Flag Poles. The pole may be a maximum o f thirty-five (35) feet in height and shall maintain a minimum five foot setback from any property line.

8.

Security Facilities, including security gates and gate houses at a project entrance subject to city fire department regulations.

9.

Antennas, including HAM radio, radio and television receiving antennas subject to requirements of Chapter 17.132.

10.

Children's Play Equipment, including playsets, playhouses and tree houses.

11.

Recreation Facilities, including recreation activity courts and facilities, swimming pools, spas and hot tubs.

12.

Satellite Dishes. Satellite dishes as allowed in Chapter 17.132.

13.

Entry Arbors. Entry arbors may be located within the required front yard setback provided they do not cover more than twenty-five (25) square feet in area and do not exceed a height of ten (10) feet.

14.

Exceptions to Accessory Structure Requirements. An exception to the requirements of this section may be approved subject to the approval of an administrative permit.

15.

Any other accessory structure determined by the planning director to be of the same general character as the permitted structures set forth in this section.

D.

Permitted Accessory Structures to Dwelling Use Type (Multi-family).

1.

Bicycle Lockers and Off-Street Parking Areas.

2.

Decks and Balconies. Uncovered decks under thirty (30) inches in height are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony of thirty (30) inches or taller, as measured from the edge of the deck and, maintaining a horizontal plane, to six feet from the edge of deck, shall maintain the following:

a.

A minimum side yard setback of two times the required interior side yard setback for the primary structure;

b.

A rear yard setback of one-half the required rear yard setback for the primary structure;

c.

A ten-foot front yard setback; and

d.

Shall be located consistent with the residential clear vision triangle requirements of subsection 17.72.030B.

3.

Unenclosed Structures, Including Detached Shade Structures, Covered Patios, Arbors, and Gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a.

The structure shall not enclose any area equal to or greater than twenty (20) percent on any side;

b.

The structure shall not be constructed of materials which would create a year round livable area;

c.

d.

The structure shall maintain a fifteen-foot front yard setback and a five-foot rear and side yard setback;

e.

On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;

f.

g.

The size or location of the structure does not violate any requirements of an approved site review.

4.

Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall may be located anywhere on a parcel consistent with the following requirements:

a.

The maximum height shall be reduced to three feet if located:

i.

Within a residential clear vision triangle (see Chapter 17.12 definitions);

ii.

Within a required front setback; or

iii.

Within five feet of the back of the sidewalk or right-of-way of a street-side for a corner lot or within ten (10) feet of the back of the sidewalk or right-of-way of a street-side for a corner lot adjacent to a key lot.

b.

c.

The height of a fence or wall may be increased a maximum of two feet to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit. Fences and walls in excess of eight feet may be permitted subject to the approval of a conditional use permit.

d.

The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

5.

Flag Poles. The pole may be maximum of thirty-five (35) feet in height and shall maintain a minimum of fivefoot setback from any property line.

6.

Security Facilities. Including security gates and gate houses at a project entrance.

7.

Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.132.

8.

Recreation Facilities. Including recreation activity courts and facilities, children's play equipment, swimming pools, spas and hot tubs.

9.

Satellite Dishes. Satellite dishes as allowed in Chapter 17.132.

10.

Signs, as permitted by Title 17.112 of this code.

11.

Transit facilities.

12.

Trash enclosures and recycling facilities.

13.

Exceptions to Accessory Structure Requirements. Unless otherwise noted that a conditional use permit is required, an exception to the requirements of this section may be approved subject to the approval of an administrative permit.

14.

Any other accessory structures determined by the planning director to be of the same general character as the permitted structures set forth in this section.

E.

Permitted Accessory Structures to Commercial and Industrial Use Types.

1.

Bicycle lockers, and off street parking areas and structures.

2.

Unenclosed structures, including arbors and gazebos.

3.

Detached enclosed storage.

Detached unenclosed storage buildings and pole buildings associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a canopy.

5.

Fences and walls, except that no fence or wall in excess of three feet may be located within a commercial clear vision triangle (see Chapter 17.12, Definitions);

6.

Flag Poles. The pole may be maximum of thirty-five (35) feet in height and shall maintain a minimum of fivefoot setback from any property line.

7.

Security Facilities. Including security gates and gate houses at a project entrance.

8.

Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.132.

9.

Recreation facilities, including recreation activity courts and facilities for use by employees.

Satellite Dishes. Satellite dishes as allowed in Chapter 17.132.

11.

Signs, as permitted by Chapter 17.112 of this code.

12.

Transit facilities.

Trash enclosures and recycling facilities.

14.

Any other accessory structure determined by the planning director to be of the same general character as the permitted structures set forth in this section.

F.

this title.

3.

Fences. The use of barbed wire, electrified fence, razor wire or similar security devices in conjunction with any fence, wall, or hedge, or by itself is prohibited, except in the following circumstances:

a.

For security purposes in non-residential zones, where the barbed wire, electrified wire, or razor wire is located a minimum of six feet above the ground.

b.

Where property is zoned agricultural and which complies with the following:

(i)

Where the fencing is accompanied by adequate warning signage; and

(ii)

Where the fencing is set back from adjacent residential land uses ten feet.

c.

Where property is zoned R-1-20 or larger and the fencing is deer-proof fencing.

d.

Where required by any permit condition, law or regulation of the city or state.

(Ord. No. 519, 8-8-2012)

Chapter 17.100 - NONCONFORMING USES, BUILDINGS AND STRUCTURES

17.100.010 - Purpose. ¶

The purpose of these provisions of this chapter is to regulate nonconforming uses, structures and parcels, and to establish conditions under which nonconforming uses, structures and parcels, may be expanded, structurally altered or developed.

(Ord. No. 519, 8-8-2012)

17.100.020 - Conforming uses made nonconforming by chapter provisions. ¶

Any lawful use existing on August 24, 1967, for which a use permit is required by the provisions of this title, shall be considered a nonconforming use until a use permit is secured in accordance with the provisions of Chapter 17.32 of this title.

(Ord. No. 519, 8-8-2012)

17.100.030 - Existing nonconforming uses and buildings—Continuance. ¶

Any use, building or structure lawfully existing on July 25, 1967, may be continued, subject to the provisions of this chapter, even though such use, building or structure does not conform with the provisions of this title for the district in which such use, building or structure is located.

(Ord. No. 519, 8-8-2012)

17.100.040 - Nonconforming uses—Changes and extensions.

A.

Changes. Where the nonconforming use of a building is non-residential, the non-conforming use may be changed to a use of the same or more restricted nature provided a use permit is first secured. If the nonconforming use is residential, the change in use will not require a use permit.

B.

Extensions. The nonconforming non-residential use of a portion of a building may be extended throughout the building provided a use permit is first secured.

(Ord. No. 519, 8-8-2012)

17.100.050 - Nonconforming uses—Cessation. ¶

A.

If the actual operation of a nonconforming use of a building ceases for a continuous period of one year, then, without further action by the planning commission, such building and the land on which such building is located shall be subject to all the provisions of this title for the district in which such land and building are located.

B.

In the case of the nonconforming use of land where no building is involved, if such actual use ceases for a period of thirty (30) days, then, without further action by the planning commission, such land shall be subject to all the provisions of this title for the district in which such land is located.

(Ord. No. 519, 8-8-2012)

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 555, § 1(Exh. A), adopted Oct. 11, 2023, repealed Ch. 17.104 in its entirety and enacted a new Ch. 17.104 to read as set out herein. Former Ch. 17.104 pertained to similar subject matter and derived from Ord. No. 522, § 3(Att. A), 10-23-2013.

17.104.010 - Purpose. ¶

This chapter is adopted pursuant to the provisions of California Government Code Sections 65915—65918. The purpose of adopting this chapter is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this chapter. The provisions of this chapter are intended to comply with California Government Code Sections 65915—65918. If any provision of this chapter conflicts with California Government Code Sections 65915—65918, or any after-enacted amendment of these sections, state law shall control over the conflicting provision.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.104.020 - Definitions. ¶

Terms used in this section shall be defined as in Government Code Section 65915 et seq.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.104.030 - Application requirements. ¶

Each application for a density bonus, incentive(s), or concession(s) request shall be accompanied by the following:

A.

A site plan that identifies all units in the project including the location of the affordable units and the bonus units;

B.

A narrative briefly describing the housing development and shall include information on:

1.

The number of units permitted under the general plan;

2.

The total number of units proposed in the project;

3.

The number of affordable and/or senior units;

4.

The number of bonus units requested based on the tables provided in Section 17.104.050 of this chapter;

5.

A breakdown of units proposed for very low, lower, and moderate income, senior citizen, and/or market rate units; and

6.

Any requested incentive(s) or concession(s), including an explanation as to why the incentive(s) or concession(s) is required for the housing development.

C.

Information indicating that appropriate and sufficient infrastructure capacity (water, sewer, roadway) and water supply is available to serve the bonus units;

D.

Reasonable documentation to establish eligibility for the requested density bonus, incentive(s) or concession(s), waiver(s) or reduction(s) of development standards. The application shall identify upon which basis of Government Code Section 65915 the applicant elects to calculate its density bonus. If incentive(s) or concession(s) are requested, the application shall include an explanation of how the incentive(s) or concession(s) result in identifiable and actual cost reductions as described in Government Code Section 65915. If waiver(s) are requested, the application shall describe with a narrative and/or drawings how

application of the development standard(s) the applicant seeks to waive would have the effect of physically precluding the construction of the proposed development at the densities and with the concession(s) or incentive(s) permitted. If a density bonus parking ratio is requested, the application shall identify which parking ratio in Government Code section 65915 applies and describe the characteristics of the proposed development or site that qualify the proposed development for that parking ratio.

E.

If an applicant proposes to donate land to the city pursuant to Government Code Section 65915, the application shall provide evidence that each of the associated eligibility conditions has been met.

F.

If an applicant proposes to develop a childcare facility pursuant to Government Code Section 65915, the application shall show the location and square footage of the childcare facility and provide evidence that each of the associated eligibility conditions has been met.

G.

Any such additional information in support of a request for a density bonus, incentive(s), or concession(s) as may be requested by the Planning Director.

(Ord. No. 522, § 3(Att. A), 10-23-2013)

17.104.040 - Eligibility for density bonus and incentive(s) or concession(s). ¶

Project applicants shall be granted a density bonus and incentive(s) or concession(s) to the extent and subject to the terms required by California Government Code Section 65915 et seq. Any request for approval of a density bonus, incentive(s) or concession(s) pursuant to this section shall be made along with other related land use applications filed for the project as specified in Title 17 - Zoning of the City of Colfax Municipal Code.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.104.050 - Review process. ¶

An application for a density bonus, incentive(s) or concession(s) will be processed concurrently with all other applications required for the development. When the application is complete, notice shall be given as required by Section 17.40.020 - Type A and a hearing shall be held by the planning commission. The planning commission shall make recommendations to the city council regarding the proposed density bonus and incentive(s) or concession(s). The city council's decision shall be final.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.104.060 - Affordable housing agreement required. ¶

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus, incentive(s) or concession(s) have been granted, the applicant shall enter into a written agreement with the city for the mandated duration of affordability. The terms and conditions of the agreement shall run with the

land which is to be developed, shall be binding upon the successor in interest of the applicant, and shall be recorded in the Office of the Placer County Recorder. The agreement shall be approved by the city council and shall address all issues required by state law.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

Chapter 17.108 - OFF-STREET PARKING AND LOADING

17.108.010 - Purpose. ¶

1.

Terms Used in Tables. The following terms are used throughout the tables and are defined below:

"Square feet" means the total gross building/tenant space area;

"Use area" means the total of gross building/tenant space area plus the gross area of any outdoor/storage/activity.

Civic use types shall provide off-street parking spaces as follows:

CIVIC USE TYPES	NUMBER OF PARKING SPACES REQUIRED
Community Assembly
Places of Worship	1 per 4 fxed seats or 1:50 sq. ft. for non-fxed seats in the assembly area, plus 1 per classroom; Pews should be calculated based on fxed seat capacity (generally 9-10 per pew = 2 ½ spaces per pew)
Club, Lodges, Meeting Halls	1 per 3 fxed seats or 1:100 sq. ft. for non-fxed seats in the assembly area
Public Community Facilities	As determined as part of the permit process
Community Services	As determined as part of the permit process
Essential Services	None
Hospital Services
General Hospital Services	1 per doctor, plus 1 per 3 employees for the largest shift, plus 1 per 3 beds
Psychiatric Hospital Services	1 per doctor, plus 1 per 3 employees for the largest shift, plus 1 per 3 beds
Intensive Public Facilities	As determined as part of the permit process
Libraries and Museums, Private	1 per 400 sq. ft.
Public Parking Services	As determined as part of the permit process
Schools
College and Universities	As determined as part of the permit process
Elementary, Middle and Junior High	2 per classroom, plus 60 lineal feet of loading area for every 100 students
High Schools	1 per classroom, plus 1 per every 4 students, plus 60 lineal feet of loading area for every 200 students
Social Services
Food Distribution	1 per employee, plus 1 per every 500 sq. ft. of foor area
Temporary Resident Shelter	1 per employee, plus 1 per every 4 temporary residents
Food Service Facility	1 per employee, plus 1 per every 4 seats within facility

Residential use types shall provide off-street parking spaces as follows:

RESIDENTIAL USE TYPES	NUMBER OF PARKING SPACES REQUIRED
Accessory Dwelling Units	See Chapter 17.196
Caretaker/Employee Housing	2 per dwelling
Community Care Facility, Small	2 per dwelling
Community Care Facility, Large	2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the front setback)
Dwelling
Multifamily
Studio	1.5 per unit, plus guest parking (see below)
1 Bedroom	1.5 per unit, plus guest parking (see below)
2+ Bedrooms	2 per unit, plus guest parking (see below)
Senior Citizen Apartments	1 per unit, plus guest parking (see below)
Guest Parking	Projects with 10 or more dwelling units shall provide 1 additional space for each 10 dwelling units or portion thereof
Single-Family	2 per dwelling
Family Day Care Home, Small	2 per dwelling plus 1 space for loading
Family Day Care Home, Large	2 per dwelling plus 1 space per employee not residing in the home, plus loading areas as required by Section 17.160.020B.
Mobilehome Park	2 per dwelling unit plus 1 guest space for each 10 dwelling units or portion thereof
Rooming and Boarding Houses	2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the front setback)
Transitional and Supportive Housing	1 per staf member on-site during the largest shift plus one space for each bedroom

Commercial use types shall provide off-street parking spaces as follows, but no fewer than four spaces for each separate commercial use or tenant:

COMMERCIAL USE TYPES	NUMBER OF PARKING SPACES REQUIRED
Adult Business Establishments	1 per 300 sq. ft.
Animal Sales and Service
Grooming and Pet Stores	1 per 300 sq. ft.
---	---
Kennels	1 per employee, plus an adequate are for loading and unloading
Veterinary Clinic	1 per 150 sq. ft.
Veterinary Hospital	1 per 150 sq. ft.
Automotive and Equipment
Automotive Rentals	1 per 300 sq. ft. of ofce plus 1 per 1,000 sq. ft. of feet or vehicle storage area
Automotive Repairs	1 per 400 sq. ft. plus 1 per bay plus 1 for every company vehicle
Automotive Sales	1 per 1,000 sq. ft. of indoor and outdoor display area
Carwash and Detailing
Full Service	10 spaces or 3 times internal washing capacity, whichever is greater; additional parking required for drying or vacuum areas and 100 lineal feet for stacking
Self-Service	4 spaces; additional parking required for drying or vacuum areas and 20 lineal feet in front of each bay for stacking
Automatic Carwash Service	1 space per drying and vacuum areas plus 100 linear feet in front of carwash for stacking
Commercial Parking	As determined as part of the permit process
Equipment Rental and Sales	1 per 300 sq. ft. of ofce plus 1 per 1,000 sq. ft. of outdoor display area
Gasoline Sales
With Neighborhood Commercial Sales	1 per 300 sq. ft. of commercial sales area with a 5 space minimum
Without Neighborhood Commercial Sales	5 spaces
With Repair	1 per 300 sq. ft. of commercial sales area with a 5 space minimum plus 2 spaces per service bay
Impound Yards	1 per 250 sq. ft. of ofce plus 1 for every company vehicle
Storage of Operable Vehicles	1 per 250 sq. ft. of ofce plus 1 for every company vehicle
Banks and Financial Institutions	1 per 250 sq. ft. plus 1 additional space per ATM machine which may be a reserved space at the discretion of the property owner or landlord
Brokerages	1 per 300 sq. ft.
Bars and Drinking Places	1 per 50 sq. ft.
Broadcasting and Recording Studios	As determined as part of the permit process
---	---
Building Material Stores	1 per 300 sq. ft. of building area plus 1 per 1,000 sq. ft. of outdoor display/storage area
Business Support Services	1 per 300 sq. ft.
Commercial Recreation
Amusement Center	1 per 200 sq. ft.
Indoor Entertainment
Theater, Community Assembly	1 per 4 fxed seats or 1 per 50 sq. ft. for non-fxed seating or as determined as part of the permit process
Indoor Sports and Recreation
Billiard and Pool Hall	2 per table plus additional spaces as required for other uses in the facility (e.g., restaurant)
Bowling Center	2 per lane plus additional spaces as required for other uses in the facility (e.g. restaurant)
Handball, Tennis, Racquet Ball Facilities	2 per court plus additional spaces as required for other uses in the facility (e.g., restaurant)
Health Clubs and Athletic Clubs	1 per 150 sq. ft. of weight room, pool and spa area plus 1 per 50 sq. ft. of aerobics or martial arts area plus 1 per tanning or massage room plus additional spaces as required for other uses in the facility, excluding area for locker and dressing rooms
Indoor Sport Arenas (such as soccer, volleyball)	50 per feld or sports court plus 1 per 3 fxed seats for spectator area plus additional spaces as required for other uses at the facility (e.g., retail)
Skating/Ice Rinks	1 per 175 sq. ft.
Outdoor Entertainment	As determined as part of the permit process
Outdoor Sports and Recreation
Amusement Parks	As determined as part of the permit process
Driving Range	1.5 per tee plus additional spaces as required for other uses at the facility (e.g., golf course)
Golf Course	6 per hole plus additional spaces as required for other uses at the facility (e.g., driving range, restaurant, pro shop)
Handball, Tennis, Racquetball Facilities	2 per court plus additional spaces as required for other uses at the facility (e.g., restaurant)
Miniature Golf Course	2 per hole plus additional spaces as required for other uses at the facility (e.g., restaurant)
Swimming Pools	1 per 100 sq. ft. of pool area
---	---
Residential Recreation Facilities	As specifed for the sum of all of the uses within the facility by utilizing the parking requirement for each use as outlined throughout this chapter
Large Amusement Complexes	As determined as part of the permit process
Community Care Facilities	.75 per unit
Day Care Centers	1 per employee plus 1 per company vehicle plus a loading space for every eight persons at the facility. The number of persons permitted at the facility is determined as a part of the licensing by the state or county.
Eating and Drinking Establishments
Fast Food with Drive Through	1 per 50 sq. ft.
Convenience	1 per 100 sq. ft.
Full Service	1 per 100 sq. ft.
Enclosed Outdoor Seating See Chapter 17.172	1 per 100 sq. ft.
Food and Beverage Retail Sales	1 per 300 sq. ft.
Funeral and Interment Services	1 per 3 fxed seats or 1 per 50 sq. ft. of assembly area
Lodging Services	1 per room plus additional spaces as required for other uses in the facility, plus one space (oversize ten by twenty-fve) per 10 rooms for oversize vehicles (i.e., RV's trailers, etc.)
Long-Term Care Facilities	1 per 3 employees for largest shift, plus 1 per 3 beds
Maintenance and Repair of Appliances	1 per 300 sq. ft.
Medical Services, General	1 per 150 sq. ft.
Neighborhood Commercial	1 per 300 sq. ft.
Nightclubs	1 space per 2 occupants based on maximum occupancy load of the building as calculated by the California Building Code plus bus space as determined as part of the permit process
Nursery, Retail	1 per 300 sq. ft. plus 1 per 1,000 sq. ft. of outdoor display/storage area

COMMERCIAL USE TYPES	NUMBER OF PARKING SPACES REQUIRED
Ofces, Professional	1 per 250 sq. ft. of net leasable square footage as determined with approval of the initial building shell. Where a more intensive ofce use, as determined by the planning director (i.e., call and telemarketing centers), is proposed the required parking shall be
	determined as part of the permit process, or via a zoning clearance pursuant to the provisions of 17.36.030B.1.
---	---
Personal Services	1 per 300 sq. ft.
Retail Sales and Services
Furniture, Large Appliance, Floor Covering	1 per 600 sq. ft.
General Retail	1 per 500 sq. ft.
Shopping Centers—A minimum of four commercial establishments, designed or planned in a coordinated fashion, utilizing such elements as common access and parking	Designed and planned at 1 per 200 sq. ft. As tenant spaces are leased, each tenant shall utilize the parking requirement for that use as outlined in this chapter.
Specialized Education and Training
Vocational Schools	1 per 50 sq. ft. of instructional area plus 1 per 250 sq. ft. of ofce area
Specialty Schools	1 per 50 sq. ft. of instructional area plus 1 per 250 sq. ft. of ofce area
Storage, Personal Storage Facilities	4 spaces plus 2 spaces for the managers quarters

5.

Industrial use types shall provide off-street parking spaces as follows, but no fewer than four spaces for each separate industrial use or tenant:

INDUSTRIAL USE TYPES	NUMBER OF PARKING SPACES REQUIRED
Day Care Centers, Secondary	None, see parking requirements for applicable industrial use type
Equipment and Material Storage Yards	1 per 300 sq. ft. plus 1 per 10,000 sq. ft. of yard area
General Industrial	1 per 1000 sq. ft. Where other uses exceed 10% of the gross foor area (e.g., ofce, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined as part of the permit process
Hazardous Materials Handling	1 per 1000 sq. ft. Where other uses exceed 10% of the gross foor area (e.g., ofce, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined as part of the permit process
Light Manufacturing	1 per 500 sq. ft. Where other uses exceed 10% of the gross foor area (e.g., ofce, warehouse, etc.) the parking requirement shall be the combined total for each use as outlined in this chapter or as otherwise determined as part of the permit process
---	---
Recycling, Scrap and Dismantling
Enclosed	1 per 250 sq. ft. of ofce area, plus 1 per 10,000 sq. ft. of yard area
Unenclosed
Research Services	1 per 3000 sq. ft., plus 1 per company vehicle
Specialized Industrial	As determined as part of the permit process
Wholesale and Distribution
Light	1 per 1,000 sq. ft. Where other uses exceed 10% of the gross foor area (e.g. ofce, h t th ki it hll b th bid ttl
Heavy	wareouse, ec.) e parng requremen sa e e comne oa for each use as outlined in this chapter or as otherwise determined as part of the permit process

6.

Transportation and communication use types shall provide off-street parking spaces as follows:

TRANSPORTATION AND COMMUNICATION USE TYPES	NUMBER OF PARKING SPACES REQUIRED
Antennas and Communications Facilities
Developed Lot	None, see parking requirements for applicable use type
Undeveloped Lot	1 per full-time employee
Bus Depots	As required by Chapter 17.136
Heliports	As determined as part of the permit process
Intermodal Facilities	As determined as part of the design review approval process

B.

Special Parking Requirements. The number of parking spaces required for uses not specifically listed in subsection A. shall be determined by the planning director based on common functional, product or compatibility characteristics and activities, as provided for in Section 17.64.050 (classification of uses not specifically listed).

Uses Not Listed. The number of parking spaces required for uses not specifically listed in subsection A. shall be determined by the planning director based on common functional, product or compatibility characteristics and activities, as provided for in Section 17.64.050 (classification of uses not specifically listed).

2.

New Buildings or Development Projects Without Known Tenants. If the type of tenants that will occupy a non-residential building are not known at the time of the development entitlement or building permit approval, the amount of parking to be provided shall be as determined by the planning director

3.

Mixed Use Projects. Where a project contains more than one major use classification (such as a residential and a commercial use), the amount of parking to be provided shall be the total of that required for each use, except as otherwise provided by subsection C. below (adjustment to number of required parking spaces).

4.

Tenant Spaces with Multiple Functions. When a tenant has several functions, such as sales and office, the amount of required parking is to be determined by requiring one hundred (100) percent of required parking for the principal use and the other uses shall provide, in addition, not less than seventy (70) percent of the code requirements.

5.

Tenant Spaces with Accessory Storage. When a tenant has enclosed accessory storage in excess of two thousand (2,000) square feet, the required parking for that portion of the tenant space dedicated to storage shall be calculated as specified by subsection A.5. for warehousing, which is one parking space per one thousand (1,000) square feet of warehousing. The required parking for the remainder of the tenant space shall be calculated as specified in subsection A using the primary use.

6.

Changes in Use. When an existing use is enlarged, increased or intensified, or a new use having greater parking requirements than the previous use is proposed, the required number of parking spaces for the new use or existing, enlarged, increased or intensified use shall be calculated as specified by subsection A.

7.

Rounding Off. When the required number of parking spaces is other than a whole number, the total number of spaces shall be rounded to the nearest whole number (0.49 and below round down, 0.50 and above round up).

8.

Commercial Centers. Commercial centers and building complexes shall provide parking which is the sum of all users within the commercial center or building complex as specified in subsection A, regardless of

whether or not the parking is provided on a single or multiple parcels. Where parking is provided on multiple parcels, reciprocal parking and access agreements shall be recorded to provide equal use and access to parking for all users within the commercial center or building complex.

9.

Motorcycle Space Substitution. Parking lots with a minimum of ten (10) parking spaces may substitute standard parking spaces with motorcycle spaces. One standard parking space may be replaced with a motorcycle space for each ten (10) required standard parking spaces. Motorcycle spaces shall be a minimum size of four by eight feet.

2.

Parking Lot Design. The design and layout of parking lots shall conform to the following standards:

a.

Circulation Aisle Sizes. Parking lot aisle sizes shall be based on the angle and length of the parking stall pursuant to detail A of the appendix attached to the ordinance codified in this chapter. Other parking designs utilizing other parking angles may be approved upon securing an administrative permit.

b.

Circulation Aisle for Emergency Access. The minimum width of a drive aisle needed for an emergency response vehicle shall be twenty(20) feet.

Vehicular Overhang. Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk which would reduce the unencumbered width of a sidewalk to less than four feet. A vehicle is permitted to overhang into a landscaped area by two feet, provided that the required landscaped area is extended by two feet.

d.

Perimeter Landscaping. Where a parking lot is adjacent to a public right-of-way, a landscape planter shall be established and continuously maintained between the public right-of-way and the parking lot. The minimum width of the landscape planter shall be determined by the city's design guidelines (Chapter 17.116). In addition, all unused right-of-way between the public street and the parking lot shall be landscaped and maintained by the property owner.

e.

Bicycle Racks and Lockers. When bicycle spaces are required, a bicycle rack or locker shall be installed. The bicycle rack shall be designed to allow a bicycle to be secured to the rack. The location of the bicycle rack or locker shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than four feet and shall provide adequate clearance surrounding the rack or locker such that bicycles shall not encroach into any walkway, parking space, landscape area or similar area.

f.

Curb Stops. A permanent curb, bumper, wheel stop or similar device at least six inches in height shall be installed adjacent to sidewalks, planters and other landscaping areas, parking lot fixtures and buildings and walls to protect these improvements from vehicular damage. The stopping edge of such protected bumper shall be placed no closer than two feet from the above noted improvement.

g.

Parking Space Design. All parking spaces shall be delineated and separated by a painted divider. The stripes shall be a four-inch solid line painted either white or yellow in color. Excluding any applicable Americans with Disabilities Act parking requirements, the use of graphics or text in or around the striping is prohibited. The striping shall be maintained in a clear and visible manner. However, existing parking areas with single striping, which require additional parking spaces or modified parking spaces due to building expansion, parking lot restriping or reconfiguration may maintain the single striping upon securing an administrative permit.

B.

Controlled Access Required. All parking spaces (including garage spaces) required for any land use other than a single-family or two-family dwelling shall be designed and located to provide for vehicle maneuvering on the site so that vehicles will enter any adjacent public right-of-way or private road in a forward direction.

C.

Location of Parking on a Single-Family. Parking spaces may be located as needed on a site, provided that no required parking space shall be located within a front or street side setback required by Article III (use and zone district regulations) except as provided in Section 17.196.040 (second dwelling units), or other use types (community care facility, congregate residence and rooming and boarding house) according to Section 17.108.040. A driveway providing access to a street may be located within a front or street side setback.

D.

Surfacing of Parking Areas. Required parking and circulation areas shall be surfaced with asphalt concrete or Portland cement concrete, or other approved all-weather, hard, non-eroding surface. It shall be the responsibility of the property owner to insure that the surface is maintained free from significant cracks or holes.

E.

Specialized Parking and Circulation. The standards of this subsection apply to the design and construction of specialized parking and on-site circulation facilities. Additional information regarding stacking capacity for drive through facilities and other types of uses with stacking, are contained in the community design guidelines.

1.

Drive-Through Facilities. The following requirements apply to any use with drive-through facilities:

a.

Separation and Marking of Lanes. Drive-through aisles shall be a minimum of twelve (12) feet wide and shall be separated from other circulation aisles necessary for ingress or egress, or aisles providing access to any parking space. Each such aisle shall be striped, marked, or otherwise distinctly delineated.

F.

Loading Requirements. Loading shall be provided as identified below:

1.

No Maneuvering Within Public Rights-of-Way. All site designs shall be designed so as to prevent truck back-up maneuvering within the public right-of-way.

2.

Design. The location, number, size and access of the loading area shall be determined pursuant to design review.

G.

17.108.080 - Off-street loading spaces—Size. ¶

Each off-street loading space shall be not less than ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet in height.

(Ord. No. 519, 8-8-2012)

17.108.090 - Off-street loading spaces—Number required. ¶

For every building or part thereof, having a gross floor area of ten thousand (10,000) square feet or more, which building is occupied by a commercial or industrial use and to or from which delivery of materials or merchandise is regularly made by motor vehicle, there shall be provided and maintained on the same lot with such building at least one off-street loading space, plus one additional off-street loading space for each loading door.

(Ord. No. 519, 8-8-2012)

17.108.100 - Handicapped accessible parking provisions.

A.

The city is required to enforce state and federal regulations regarding handicapped parking. The required number of handicapped parking spaces and other applicable design standards are set forth in the official ACS Accessibility Standards Interpretative Manual, as amended from time to time, which is incorporated herein by reference.

(Ord. No. 519, 8-8-2012)

17.108.110 - Bicycle parking provisions. ¶

All applications for commercial, industrial and multi-family uses within the city shall include adequate design plans for bicycle parking for patrons and employees. There are two general categories of bicycle parking requirements applicable to multi-family, mobilehome subdivision, commercial and industrial districts within the city:

Class I: provides employee bicycle parking for retail, industrial, or office park uses, or long-term parking for multifamily residential, or mobilehome parks etc. This class I parking is for bicycles that will be left for hours at a time, and requires provisions for security and weather protection. Such parking can be located on site or within a reasonable distance of the site.

Class II: provides shoppers, customers, messengers and other visitors who generally park for two hours or less in a convenient and readily accessible place to park bicycles. Class II parking should be located within fifty (50) feet of the building entrance that cyclists use.

A.

Design standards for all bicycle parking spaces in any district:

1.

Provide floor, wall or ceiling mounted bike racks, which allow frame and both wheels to be secured, at least fifty (50) percent of such spaces to be covered from the elements

Each parking space shall be striped for two feet by six feet for each bicycle parking space, to allow securing and removing bicycles without interference with adjacent bicycles. Bicycle parking will provide an aisle at least five feet wide behind all bicycle parking to allow room for maneuvering.

B.

Required parking spaces:

Land Use	Bicycle Spaces Required	Type
RESIDENTIAL
Single-family / two-family	N/A	N/A
Multi-Family	1 per unit plus 6 space rack at each building entrance.	Class I 100% Class II 6 space rack
COMMERCIAL
Hotel/Motel	1 per 15 rooms. In addition, when hotel/motel is greater than 75 rooms, a 6 space visitor rack shall be provided	Class I 60% Class II 40%
Ofce, retail sales of goods and services, restaurants, research establishments, laboratories	1 per 1,000 sq. ft. for the frst 5,000 and 1 per 500 for any additional area	Class I 50% Class II 50%
Shopping Centers	1 per 500 sq. ft. of gross leasable area for the frst 3,000 feet and 1 per 500 feet of gross leasable area for any additional area.	Class I 30% Class II 70%
Sports and recreation centers	10% of the number of required vehicle spaces
Movie theater	5% of the number of required vehicle spaces
INDUSTRIAL
All use types	1 per 1,000 sq. ft. of gross foor area	Class I 80% Class II 20%
INSTITUTIONAL
Hospitals	1 per 500 sq. ft. of gross foor area	Class I 75% Class II 25%
Schools	All levels: 1 per 10 employees	Class I employees college, university 10% Class II students
Elementary	1 per 10 students
---	---	---
Junior Secondary	1 per 8 students
Senior Secondary	1 per 8 students
College	1 per 5 students
University	1 per 5 students (full time, max. attendance)
Churches	1 per 50 members	Class II 100%
Library/Museum/Art Gallery	a per 100 ft. GFA	Class I 20% Class II 80%
Personal Care/Nursing Home/Group Home	1 per 15 dwelling units	Class I 75% Class II 25%
CULTURAL AND RECREATIONAL
Community Center	1 per 500 sq. ft. of gross foor area	Class I 20% Class II 80%
Stadium, Arena, Pool, Exhibition Hall, similar places with spectator facilities	1 per 200 ft. of surface area	Class I 20% Class II 80%
Gymnasium, Health Spa, Sports and Recreation facilities	1 per 200 ft. of surface area	Class I 20% Class II 80%
Bowling Alley	1 per 2 alleys	Class I 20% Class II 80%

(Ord. No. 519, 8-8-2012)

17.108.120 - If more than one regulation applies.

If more than one standard is applicable to any use, then the planning director will make a determination as to which requirements apply.

(Ord. No. 519, 8-8-2012)

==> picture [410 x 582] intentionally omitted <==

Chapter 17.110 - TREE PRESERVATION GUIDELINES

17.110.010 - Purpose and intent. ¶

The purpose of establishing tree preservation guidelines is to maintain natural scenic beauty, improve air quality, water quality, reduce soil erosion, preserve significant natural heritage values, preserve wildlife habitat and help to reduce energy consumption for air cooling by providing shade. As development of vacant land occurs, loss of some tree cover may be unavoidable. The city's intent is to reduce the loss of

trees to reasonably acceptable levels while encouraging cooperation between the development community, citizens, CalFire and the city in attempting to retain tree cover within the city to the maximum extent possible. In the spirit of reasonableness these guidelines shall not categorically prohibit tree removal and shall take into consideration the most recent CalFire defensive perimeter recommendations when approving a tree removal plan. It is recognized that development of foothill topography and project-specific terrain may dictate tree removal. It shall be the policy of the city to preserve trees whenever feasible through the review of all proposed development activities where trees are present, while recognizing individual rights to develop property in a reasonable manner.

(Ord. No. 519, 8-8-2012)

17.110.020 - Authority. ¶

The city has an established planning application review process. The planning director shall oversee enforcement of the tree preservation guidelines through project conditions of approval in conjunction with granting planning application approval.

(Ord. No. 519, 8-8-2012)

17.110.030 - Tree identification. ¶

Planning applications submitted to the city shall prepare a tree removal plan which identifies all healthy trees on the property in excess of six inches in diameter, measured four and one-half feet from ground level. The plan will also provide data on the health of the trees to be preserved and attempt to provide building envelopes where a majority of the trees can be preserved, while at the same time assuring defensive perimeter protection. Trees to be saved and removed shall be clearly designated on the plan. Clearing of trees over six inches in diameter measured four and one-half feet from the ground is prohibited prior to issuance of a grading permit.

(Ord. No. 519, 8-8-2012)

17.110.040 - Tree preservation requirements. ¶

Innovative techniques or alternative project design shall be considered to preserve trees to the maximum extent feasible to retain conifers, oaks, maples and cedars. Preserving trees shall require installing bright colored mesh fencing, flagged stakes or some visible means of physical demarcation around the drip line of the tree(s) in the field prior to issuance of a grading permit. The drip line of a tree is the outermost edge of a tree's canopy. No movement of soil or earth material shall take place within the drip line of trees designated for preservation.

(Ord. No. 519, 8-8-2012)

17.110.050 - Tree replacement requirements. ¶

Trees enhance the aesthetic appearance of any project. When tree removal is unavoidable:

A.

The applicant/developer shall replace and replant removed trees with an equal number of trees.

B.

Minimum/maximum replacement trees shall range from one-gallon to forty-eight-inch-box container sizes mixed to create a natural horizon line.

C.

A mix of tree species is preferred (rather than planting the same species throughout the project) to achieve a more natural, native appearance.

D.

Hillside development shall preserve trees when feasible or be replanted immediately to prevent erosion. "Immediate" means prior to the issuance of a certificate of occupancy or final inspection.

E.

Trees shall be irrigated and maintained by any and all subsequent owners for a minimum period of three years after installation in accordance with the Colfax design guidelines maintenance requirements:

1.

Deposit with the city a maintenance bond, cash, letter of credit or its equivalent, in an amount equal to onehalf the market value of landscaping and irrigation guaranteeing the proper care, treatment and maintenance of landscaping for a period of three years; or

2.

Execute an agreement and equitable lien in an amount equal to the full market value of the landscaping and irrigation with the city, guaranteeing the lien shall cause a written letter of notification by the city to the owner of the real property within ten days that the city will perform or have performed by a reputable landscaper any and all maintenance work it deems necessary and bring legal action against the owner for the frill cost of such maintenance work or foreclose such equitable lien as provided by law.

(Ord. No. 519, 8-8-2012)

Chapter 17.112 - SIGNS

17.112.010 - Title. ¶

This chapter shall be known and cited to as the "Colfax Sign Ordinance."

(Ord. No. 519, 8-8-2012)

17.112.020 - Purpose and intent. ¶

A.

This chapter establishes the legal framework for a comprehensive system for the regulation of signs. This chapter presents a set of reasonable, non-arbitrary and non-discriminatory standards and controls

designed to optimize communication between the citizens and their environment. To not only facilitate the protection of the public, but the aesthetic character of the city and to ensure the availability to the community of adequate, high quality signs.

B.

Signs have an obvious impact on the character, quality of life and economic health of the city. As a prominent aspect of the scenery, they either attract or repel the viewing public and may affect the safety of vehicular and pedestrian traffic. Their suitability and appropriateness helps define the character of a neighborhood and the larger community. The purpose of this chapter is to regulate signs in a manner that will benefit the public and maintain a high quality of development throughout the city. The regulations contained herein are intended to:

1.

Direct persons to various activities and enterprises in order to provide for the maximum public convenience;

2.

Provide a reasonable system of regulations for signs in order to ensure the development of a quality visual environment;

3.

Encourage signs that are well-designed and pleasing in appearance, recognizing that a well-designed sign enhances a business's image and economic vitality;

4.

Provide incentive and latitude for variety, good design relationships and spacing of signs;

5.

Encourage a desirable urban character that has a minimum of overhead clutter and reduce sign proliferation;

6.

Enhance the economic value of the community and each area thereof through the regulation of such things as size, number, location, design and illumination of signs;

7.

Encourage signs that are compatible with adjacent land uses and that provide pedestrian-scale atmosphere;

8.

Reduce possible traffic and safety hazards through good signage;

Ensure the maintenance of signs; and

10.

Implement the community architectural and landscape design goals, objectives and policies of the general plan, design guidelines established by the city, and other applicable design guidelines to enhance the beautification of the city.

(Ord. No. 519, 8-8-2012)

17.112.030 - Definitions.

For the purposes of this chapter, the definitions shall be as follows:

"Abandoned" means a sign which has not been maintained in accordance with the provisions of this chapter for a period in excess of thirty (30) days following legal notice to the owner of the property and/or owner of the advertising display or tenant on whose property the advertising display is located that such sign does not meet, in the discretion of the planning director, minimum maintenance standards or a sign display for a business, product or service no longer in existence on the premises.

"Accessory sign" means signs which advertise a product or service in association with the business.

"Agricultural sign" means a sign that advertises the sale or growing of fruits, vegetables, nuts and organic materials.

"Amortization" means the elimination of nonconforming signs over a period of time intended to allow the owner opportunity to depreciate the value of the sign.

"Appeal" means a request for reconsideration of an administrative remedy by a higher level of legislative or quasi-judicial government.

"Architect, contractor or construction sign" means a sign which gives notice of development advertising a contractor, architect or construction company.

"Awning/canopy sign" means a simulated roof or umbrella-type structure which projects from a wall or roof of a building, which contains text advertisement for a business, goods or services.

"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move.

"Building frontage" means that side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to a parking area or the street of highest classification as portrayed in the current circulation element of the general plan shall be considered the building frontage. For unique designs that do not allow use of the preceding discussion, the planning director shall determine building frontage.

"Combination canopy and under-canopy sign" means a sign painted, placed or installed on an awning/canopy and a sign hanging under an awning/canopy.

"Digital billboard" means a billboard or other off-site sign that uses digital-display technology.

"Exempt sign" means a sign not required to comply with the standards of this chapter.

"Freestanding sign" means a sign standing alone or on its own foundation free of support or attachment.

"Government flags" means flags displayed by federal, state, county or city governments.

"Illumination" means the source of light used for visible display of both interior/exterior signage.

"Maintenance" means ongoing care and repair of a sign.

"Master sign program" means a plan for signage for more than one business sign in a unified commercial area.

"Multi-tenant sign, freestanding" means a freestanding sign that is made up of three or more individual sign faces, one of which must be associated with the parcel upon which the sign is located. For the purposes of this chapter, all multi-tenant signs are considered on-site signs.

"Mural" means an application of pictures or other graphic art forms onto exterior walls, either full or portions of walls to enhance the architecture or aesthetics of a building or wall. Murals must not include the name, logo or other representation that advertises a business, product, service or other commercial activity.

"Nonconforming sign" means a sign that originally complied with all applicable regulations and laws at the time it was erected, but violates a regulation or law subsequently adopted.

"Off-site sign" means individual signs advertising a business, service, commercial or industrial entity not located on the parcel of land as the sign.

"Permitted sign" means a sign that has been approved pursuant to this chapter and for which a sign permit has been issued.

"Political sign/civic sign" means a sign that draws attention to a ballot issue, candidate or measure in a national, state or local election.

"Prohibited sign" means a sign and/or sign materials not consistent with the standards of this chapter.

"Projecting sign" means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall.

"Real estate sign" means a sign which gives notice of the sale, rental or lease of real property.

"Residential sign" means a sign which notices the name of an occupant or resident.

"Roof sign, integral" means any sign erected or constructed as an integral part of a normal roof structure of any design, in such way that no part of the sign extends vertically above the highest portion of the roof and no part of the sign is separated from the rest of the roof by a space of more than six inches.

"Sandwich sign" means a freestanding portable "V"-shaped sign (horizontal or vertical "V") used temporarily for events, goods, services or activities.

"Sign clearance" means the distance of the sign to a public right-of-way, pedestrian or vehicular.

"Sign review" means planning director review of a sign permit application for compliance with this chapter and approval or denial by the planning director or planning commission.

"Temporary sign" means a sign that is limited to the duration of a condition, activity or event.

"Wall sign" means a sign affixed to or painted on the wall surface of a building in such a manner that the surface of the sign is parallel with the prevailing surface of the wall upon which the sign is displayed.

"Window sign" means a sign displayed within a building or attached to the interior/exterior of a window or similar opening for the primary purpose of visibility.

(Ord. No. 519, 8-8-2012)

17.112.040 - General provisions.

Unless exempt by Section 17.112.170 of this chapter or an approved freestanding multi-tenant, master sign program, digital billboard sign or off-site subdivision sign, signs shall be located on the same legal parcel as the permitted use and shall be clearly incidental, customary and commonly associated with the operation of the permitted use. For the purposes of this chapter, a unified retail shopping, commercial or business center shall be treated as a single parcel regardless of whether the center is comprised of more than one legal parcel. Freestanding multi-tenant signs must advertise the business located on the parcel, as well as the additional business, product, service or other commercial activity, except as provided in Section 17.112.220 of this chapter, abandoned signs.

(Ord. No. 519, 8-8-2012)

17.112.050 - Administration. ¶

A.

Administration of this chapter shall be carried out by the planning director or his or her designee. All limitations shall be as set forth in the California State Planning and Zoning Law (Title 7, Chapter 65000 of the Government Code, as amended) and all applicable sections of the Business and Professions Code, and California Building and Fire Codes.

B.

Unless expressly exempted in this chapter, no sign may be erected, displayed, reconstructed or altered until a sign permit is granted as set forth in this chapter and a building permit (when applicable) has been issued.

C.

The objectives of sign review are:

1.

To provide a means of review appropriate to the magnitude of the proposed signage;

2.

To assure the planned character of freestanding multi-tenant signs and master sign programs;

3.

To provide a means of flexible application of the sign regulations so as to encourage maximum incentive and latitude in the design and display of signs in order to achieve, not circumvent the intent of this chapter.

D.

All sign applications are subject to sign review by the planning director for compliance with this chapter.

E.

The planning director will review the sign application and may approve, deny or approve with conditions the sign permit (known as an administrative sign permit) or refer the application to the planning commission. The planning director may also delegate administrative sign permit review and approval to other city employees.

F.

Signs associated with projects subject to design review shall be reviewed as part of that process; however, such signs also require a sign permit from the planning director.

G.

Planning commission approval is required for sign applications in any instance where it is combined with a project that is subject to be heard by the planning commission, such as a conditional use permit, general plan amendment or rezone.

H.

The planning director may approve deviation of letter type fonts after approval of the sign permit. This type of change shall not require the applicant to process an additional sign permit application.

I.

Findings. In approving a sign permit, the approval authority shall make the findings set forth in subsection 17.40.070D. or 17.40.070E., as applicable.

(Ord. No. 519, 8-8-2012)

17.112.060 - Sign review. ¶

Sign review shall be initiated by the applicant submitting a completed sign application form to be provided by the city. Upon receipt of a completed application, the planning director will review and may grant approval of the sign or refer the application to the planning commission pursuant to the standards of this chapter. If the planning director determines the sign to be unacceptable and/or the sign application to be

incomplete, the applicant will be informed of identifiable issues and suggested alternatives to resolve such issues.

(Ord. No. 519, 8-8-2012)

17.112.070 - Determining the number of signs. ¶

A.

For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing sign faces physically connected and having a coterminous boundary, with the following exception: combination canopy, under-canopy and awning, under-awning signs shall be considered as one sign.

B.

A two-sided or multi-sided sign shall be regarded as one sign subject to the following:

1.

A "V-type" sign shall be regarded as a single sign only if the two sides are separated by no more than three feet at any point;

2.

Double-faced (back-to-back) signs shall be regarded as a single sign only if the distance between the backs of each face of the sign does not exceed two feet.

C.

All freestanding signs twenty (20) feet or less in height shall have a solid base comprised of rock, brick, wood, exposed aggregate or natural material(s) or as approved by the planning director.

D.

The total number of signs advertising an individual business, service, product or commercial activity shall not exceed three in the historic district.

(Ord. No. 519, 8-8-2012)

17.112.080 - Sign standards. ¶

A.

Signs shall conform to the applicable standards as set forth in this chapter, including the standards set forth in the charts at the end of this chapter.

B.

Height of Signs. Except for restrictions contained in the historic district, determination of the height of the sign will be made pursuant to Section 17.40.070.

C.

Copyrighted Logos. The City of Colfax will not require the modification, including requiring a change in color, of any copyrighted logo, national logo or state-approved logo of any business located outside of the historic district.

D.

The following guidelines should be considered:

1.

Interior lit signs are discouraged and will not generally be approved.

2.

Signs should respect the architectural design and proportion of the building and should not cover transoms, insignias, or any architectural ornamentation.

3.

Limit the number of lettering styles on a sign to increase legibility, i.e. not more than two for small signs.

4.

The preferred lettering styles for Colfax are Bostonian, Hasler Circus, Playbill, Mesquite, Wide Latin, Bookman Bold, and Barclay Expanded Ultrabold. Refer to Appendix 2 of this document.

5.

The following types of signs are encouraged: flush wall mounted, projecting with solid metal supports, hanging signs, window painted signs, integral roof signs and monument signs.

6.

Any change in copy shall still conform to the sign ordinance in terms of materials, sign area, standards, and criteria.

(Ord. No. 519, 8-8-2012)

17.112.090 - Illumination of signs.

A.

The following standards for illumination apply to all signs in all zones:

1.

All sign illumination shall be from the interior or by indirect lighting (diffused) light, which is stationary and constant in intensity and color at all times. All signs shall be turned off after business hours or at ten p.m., whichever is later.

2.

Signs without internal lighting shall be lighted from above and in a downward direction.

3.

All lighted signs shall be mounted, arranged or shielded to prevent spillage of light off-site or into the sky.

4.

Neon tubing as a sign material shall be permitted to the extent that it composes twenty (20) percent or less of the total allowable sign surface area.

5.

Neon tubing as an architectural detail shall be used in limited quantities in the commercial or

highway/commercial districts subject to the approval as part of sign review. All neon tubing used as an architectural detail shall be integrated into the design of the building. Visible neon tubing outlining the interior of a window shall be considered a sign.

6.

Neon tubing used as an architectural detail is prohibited in the historic district.

B.

The following standards for illumination shall apply in the A, R, RM, R-MHS and OS zoning districts: maximum illumination of ten (10) foot lambert per sign.

(Ord. No. 519, 8-8-2012)

17.112.100 - Projecting signs and sign clearances.

A.

All projecting signs, except awnings or canopies, must be double-faced.

B.

An encroachment permit from the building department is required for signs that project more than two feet over a public right-of-way.

C.

All signs that project more than two feet over a public right-of-way shall have a minimum height clearance of seven feet.

D.

No permit for any sign shall be issued and no sign shall be constructed or maintained that has less horizontal or vertical clearance from communication lines and energized electrical power lines than that

prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

(Ord. No. 519, 8-8-2012)

17.112.110 - Accessory signs. ¶

Signs that are temporary or transient in nature and placed in a window or wall area shall be considered accessory signs and shall not count toward the permitted business signage.

(Ord. No. 519, 8-8-2012)

17.112.120 - Incidental and supplemental signs.

Signs that are incidental or supplemental to the use of the property, such as drive-through menu boards do not count towards the permitted signage. The design, number, location and size of incidental or supplemental signs shall be reviewed and approved as part of a sign review or master sign program by the planning director.

(Ord. No. 519, 8-8-2012)

17.112.130 - Commercial or retail master sign programs.

A.

The purpose of a master sign program is to integrate signs with buildings, landscape design and promote a unified architectural unit, to reduce the overall number of signs and to ensure the magnitude of proposed signs are substantially consistent with existing and proposed buildings and the character of the district within which the signs are proposed.

B.

A master sign program for a unified commercial area, such as a retail shopping, commercial or business center, shall be processed prior to installation of any signs. Any sign which conforms to an approved master sign program may be approved by the planning director. Approval of a master sign program does not waive the permit requirements for individual signs.

C.

Amendment. A master sign program may be amended by submitting an amended master sign program that conforms to all requirements of this chapter to the planning director and obtaining planning director approval.

D.

Binding Effect. After approval of a master sign program, no signs shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same ways as any provision in this chapter. The master sign program shall be attached to the lease agreements for all leasable space within the project. In case of any conflict between the provisions of such a plan with any other provisions herein, this section shall control.

(Ord. No. 519, 8-8-2012)

17.112.140 - Freestanding multi-tenant signs. ¶

Freestanding multi-tenant signs must comply with all applicable provisions of this chapter and consider topographic conditions and visual impairment.

(Ord. No. 519, 8-8-2012)

17.112.150 - Digital billboard signs. ¶

Digital Billboard Signs on City-owned Property. For purposes of this section, (1) a "digital billboard sign" means and refers to an advertising structure (as that term is defined in the California Outdoor Advertising Act - Business & Professions Code, Division 3, Chapter 2) that uses digital-display technology; and (2) "City-owned property" means and refers to any property in which the city is the owner of the majority of the fee title interest, as well as property in which the city has a leasehold, easement, license or other possessory interest.

A.

Notwithstanding any provision of this title to the contrary, the city, on such terms as the planning director may approve in his or her discretion, may: construct, repair, replace and maintain; cause the construction, repair, replacement and/or maintenance of; or issue a permit for the construction, repair, replacement and/or maintenance of, digital billboard signs within city-owned property and visible from Interstate Highway 80 and/or State Highway 174, subject to subsections A.1. through A.5, below. Such terms may include utilizing a relocation agreement, which would allow the removal of a display and construction of a new display to substitute for the display that is removed. A digital billboard sign may be electronic, programmable and/or illuminated and provide for "off-site" advertising (as that term is defined in this chapter). The total number of billboard signs in the city, whether digital or not, may not exceed the number of billboard signs in the city at the time the digital billboard sign ordinance is adopted, without further action of the city council.

1.

The city-owned property must be located in a commercial or industrial zone as of the date a permit for a digital billboard sign is issued.

2.

All digital-display faces must be oriented primarily for viewing from the freeway or highway to which it is adjacent.

3.

Notwithstanding any provision to the contrary in this title, the maximum height of a digital billboard sign, measured from grade to the top of the digital-display face, is forty-five (45) feet; and the overall maximum height, measured from grade to the top of the billboard structure, is fifty (50) feet. The planning director may, upon a showing of good cause supported by substantial evidence in the record, grant a variance on the maximum height restriction.

4.

Notwithstanding any provision to the contrary in this Title, a digital billboard sign may have either one or two display faces, and the maximum area of a display face is one thousand two hundred (1,200) square feet. The maximum height of the display face is 25 feet and maximum length of the display face is sixty (60) feet.

5.

A digital billboard sign may display only a still image in each of its display messages. This means that the still image being displayed may not move or present the appearance of motion and may not use flashing, blinking, or traveling lights or any other means not providing constant illumination (except that part necessary to give public service information such as time, date, temperature, weather, or similar information). The digital billboard sign must expose each message display for not less than four seconds, unless a greater amount of time is set forth as a recommendation in the most recent guidance document issued by the Federal Highway Administration on the subject of changeable electronic variable message signs; in such case, the minimum FHWA standard shall apply. The transition or blank screen time between one display message and the next may not exceed one second, nor shall this transition time be construed as a failure to comply with the constant illumination requirement set forth above.

B.

Notwithstanding any provision of this title to the contrary, an existing sign that is removed and/or relocated in the implementation or exercise of subsection A., above, may include either a legal conforming sign or a legal nonconforming sign; such status shall be determined by the planning director. Any sign approved for relocation must be removed prior to construction or installation of the digital billboard sign that will replace it.

C.

Compliance. In addition to complying with the other requirements of this section, a digital billboard sign must also comply with the requirements of the California Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code ("Act"), including, but not limited to, the restrictions on size, height, intermittent flashing lights, proximity to interstate and primary highways and landscaped freeways, and other regulations set forth in Articles 7 and 8 of the Act. To the extent a conflict arises between this section and the Act, the Act will prevail, except for the FHWA recommendation referenced in subsection A.5., above.

D.

Findings for Approval of a Digital Billboard Sign or Relocation Agreement. A digital billboard sign or relocation agreement may be approved if the planning director makes the following findings:

1.

The digital billboard sign or relocation agreement substantially complies with the purpose and requirements of this section;

The digital billboard sign or relocation agreement will not interfere with on-site access or circulation or significantly interfere with visibility.

(Ord. No. 519, 8-8-2012)

17.112.160 - Mural permit. ¶

A.

Purpose and Intent. To ensure a mural enhances the architecture or aesthetics of a building or wall and does not detract from the character of the district within which it is located. To ensure a mural is not detrimental to the public health, safety or welfare, a mural permit shall be required for all murals.

B.

Review Process. Murals are considered a means to enhance the architecture or aesthetics of a building or wall and not a form of advertisement. All murals shall be treated as a sign and reviewed pursuant to this chapter. If a mural is proposed containing business or business-related advertising materials, it shall be required to pay the sign permit fee. If the mural is civic-oriented in nature, as opposed to promoting a specific business, the sign permit fee shall be waived. The mural permit process shall require review of murals to ensure that size, location and placement is consistent with the character of the district within which it is located; the character of the building or wall upon which it is placed; and that the mural is not detrimental to the public health, safety or welfare. The approval authority for a mural permit is the planning director, who shall not delegate such authority to other city employees.

(Ord. No. 519, 8-8-2012)

17.112.170 - Exempt signs. ¶

The following signs shall be allowed without a sign permit and shall not be included in the determination of type, number or area of signs allowed in each zone district; however, exempt signs are subject to building, plumbing or electrical permits as appropriate.

A.

Official federal, state or local government flags, emblems and historical markers;

B.

Official federal, state or local government traffic, directional and information signs and notices issued by any court, person or officer in performance of a public duty;

C.

Temporary signs warning of construction, excavations or similar hazards;

Temporary holiday decorations;

E.

"No Trespassing" signs not more than one square foot in size placed at each corner and each entrance to a property and at intervals of not less than one hundred (100) feet;

F.

Parking lot and other private traffic directional signs not exceeding three square feet in area which are limited to guidance of pedestrian or vehicular traffic. If located off-site, the signs are further limited to street number, street name and directional symbols. References to the name of a business and/or business logo are not permitted if the sign is located off-site. In addition, off-site signage requires proof of permission from, or a contract with, the property owner to use the location, which must be in a form found to be acceptable to the city manager prior to sign installation; ;

G.

For each service station, pricing and grade signs as required by the state;

H.

Legal or ordinance enforcement signs not exceeding three square feet in area and erected by private individuals or businesses and not otherwise regulated by this Code;

(Ord. No. 519, 8-8-2012)

17.112.180 - Permitted signs.

Permitted signs are all signs that have been approved pursuant to this chapter and for which a sign permit has been issued. Such signs include:

A.

Integral roof signs, awning/canopy signs, combination canopy and under-canopy signs, wall signs and freestanding signs, subject to the regulations set forth in the charts at the end of this chapter;

B.

Temporary advertising signs or special event display, subject to the following regulations and the regulations set forth in the charts at the end of this chapter:

1.

d.

Directional subdivision signs may be displayed during construction or until the last lot has been sold.

2.

One on-site subdivision sign for each subdivision entrance shall be permitted provided the total area per sign is not greater than thirty-two (32) square feet and sign height does not exceed six feet. Such on-site sign shall be permitted to remain only as long as a sales office is maintained in the subdivision not to exceed four years and provided such signs are maintained in good condition as determined by the planning director.

3.

Permanent gateway/entrance subdivision signs must be consistent with the general plan and are subject to the following regulations:

One on-site subdivision sign for each subdivision entrance, excluding emergency secondary access, provided the total sign area is not greater than forty-eight (48) square feet;

b.

Sign height shall not exceed sixteen (16) feet;

c.

Permanent gateway/entrance subdivision signs shall be maintained in good condition as determined by the planning director.

E.

Architect, contractor or construction signs providing the name of architect(s) and/or contractor(s) working on the site, subject to the following:

1.

For residential projects greater than four dwelling units, up to two signs may be placed on the construction site;

2.

For commercial and industrial projects, up to two signs may be placed on the construction site;

3.

For all other projects, a total of two signs may be placed on the construction site.

F.

Future tenant identification signs to advertise the future use of an approved project on the property may be placed on vacant or developing property to give the location where information may be obtained. Such signs will be approved by the planning director at the time a use permit is issued and are subject to the following restrictions:

1.

One future tenant identification sign per parcel;

2.

Such signs shall not be erected until a use permit is issued for the development and shall be removed within one year from the date of the building permit.

G.

Residential Signs. Multiple-family residential building identification signs limited to address and building number or letter. One wall sign is allowed per building frontage and shall be located below the roof line.

Directional signage for the multiple-family residential building complex may be placed along the internal drive areas.

H.

Agricultural signs identifying agricultural products grown or sold on the premises shall be approved at the discretion of the planning director.

I.

Election Campaign Signs. Political signs advertising candidates or positions on issues for an election campaign may be placed on private property only, and are subject to the following requirements:

1.

Location of Signs. Election campaign signs shall be prohibited within any public right-of-way.

2.

Maximum Sign Area. Thirty-two (32) square feet.

3.

Property Owner Consent Required. The placement of election campaign signs shall only occur with the permission of the owner of the property where the sign is to be placed.

4.

Removal Required. Election campaign signs shall be removed from public view no later than twenty-one (21) days after an election to which they apply.

5.

Enforcement. If an election campaign sign is in violation of the provisions of this section, notice shall be given by the planning director to either the property owner or manager and/or the candidate and/or organization for which the sign was placed, that directs removal of the sign within seven days of the date of the notice. Failure to remove the sign shall be punishable as provided in Section 17.112.270. (enforcement).

J.

Government and noncommercial signs except when displayed in connection with commercial promotion, provided that such flags are no greater in size than ten (10) feet by fifteen (15) feet or as approved by the planning director.

K.

Miscellaneous Signs.

Memorial tablets, plaques or directional signs for community historical and cultural resources installed by the city or by a city recognized historical society or civic organization.

2.

Official and legal notices issued by any court, public body or officer or in furtherance of any non-judicial process by federal, state or local law.

3.

Public utility signs indicating danger or that serve as an aid to public safety or that show locations of underground facilities or public telephones.

4.

Safety signs on construction sites.

5.

Public transportation vehicle signs, including, but not limited to buses and taxi cabs.

6.

Signs on licensed commercial vehicles that are not used or intended for use as portable signs and that are not specifically prohibited by the provisions of this chapter.

7.

Change of copy on an approved sign in compliance with this chapter.

8.

Holiday decorations to celebrate nationally recognized holidays and local celebrations.

9.

Vehicle-oriented convenience and directional signs solely for the purpose of guiding traffic and parking on private property and not bearing advertising material, limited to a maximum area of two square feet.

10.

Directional, warning or informational signs as required or authorized by law or by any federal, state, county, special district or city authority and "No Trespassing," "No Parking," "Neighborhood Watch" and similar warning signs, limited to a maximum area of two square feet.

11.

Incidental signs for auto-related uses, motels and hotels that show notices of services provided or required by law, trade affiliations and credit cards accepted, provided such signs are attached to an otherwise approved ground sign, structure or building and limited to a maximum area of two square feet.

"Open" and "Closed" signs.

13.

Automobile service stations are permitted to have the following additional signs provided they conform to the height and setback requirements of the district in which they are located:

a.

State-Authorized Testing Centers. Four square feet per sign, wall mounted only;

b.

Price Signs. One single- or double-faced sign per street frontage, twenty (20) square feet maximum per face. This exception is intended to allow for full compliance with state law for posting of gasoline prices. Portable price signs are not permitted;

c.

Pump Signs. One sign for each gas pump unit not to exceed two square feet per pump face or one sign per bank of pumps, not to exceed eight square feet per face, identifying the gasoline brand and rating only.

14.

City-sponsored civic signs for community entrance, identification, direction or information.

15.

Wall signs must not project beyond the wall surface more than six inches.

L.

Signs on vehicles or trailers provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body property of the vehicle. The sign is incidental to the vehicle's primary use and the vehicle is not used primarily for advertising purposes. Such signs shall not exceed twelve (12) square feet per sign face.

M.

Any sign as determined by the planning director to be similar in use and size to the signs listed above.

(Ord. No. 519, 8-8-2012; Ord. No. 549, § 1(Exh. A), 8-24-2022)

17.112.190 - Prohibited signs.

A.

Any sign not in compliance with the provisions of this chapter. Violations shall be processed pursuant to this title.

B.

Roof signs extending more than six feet above the eave or parapet line, except when, in the opinion of the planning director, the sign is a complementary architectural feature of the building. This provision does not apply to integral roof signs.

C.

Beacons.

D.

Signs emitting audible sounds, odors or visible matter.

E.

Portable signs not specifically permitted by the provisions of this chapter.

F.

Signs within the public right-of-way except those permitted by a governmental agency, and otherwise permitted for digital billboard signs.

G.

Signs in any location that interferes with vehicular, bicycle or pedestrian circulation or safety.

H.

Signs in proximity to utility lines that have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

I.

Signs blocking driveways, door or window openings or fire escapes.

J.

Electric reader board signs that: (i) are not exempt by virtue of being interior signs or (ii) are not otherwise specifically permitted by the provisions of this chapter, such as digital billboard signs and signs subject to an approved master sign program.

K.

Signs that simulate, by virtue of size, shape, color, lettering, or design, a traffic sign or signal, or signs with characters or graphics that interfere with, mislead, or confuse the pedestrian or motorist are prohibited.

(Ord. No. 519, 8-8-2012)

17.112.200 - Revisions and/or alterations to signs. ¶

Revisions other than copy (text only) to signs will require a modification pursuant to the procedures set forth in Section 17.36.180.

(Ord. No. 519, 8-8-2012)

17.112.210 - Nonconforming signs. ¶

Signs existing prior to the of adoption of the ordinance codified in this chapter that do not comply with the provisions herein shall be regarded as nonconforming signs and shall be removed from the site at the time the business is no longer in operation, in accordance with Section 17.112.220.A, except when the following applies:

A.

Historical Signs.

1.

Upon written request by a sign owner, the planning director may determine that a sign is historical based on the following findings:

a.

3.

No sign shall be attached in any form, shape or manner that will interfere with an opening required for ventilation, except in circumstances when not in violation of the building or fire codes.

4.

Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the electrical code and the regulations of the affected entity and the public utilities commission.

5.

Certain signs may be required to be properly guttered and connected with down spouts to storm drains so that water will not drip or flow into public sidewalks or streets.

6.

All permanent freestanding signs shall be self-supporting structures erected on and permanently attached to concrete foundations. Such structures shall have exterior aesthetic materials of rock, wood, exposed aggregate or other such materials as approved by the planning director.

7.

All signs shall be constructed to withstand wind loads, acceptable to the chief building official and/or city engineer.

No chains or other devices, which allow a sign to move, are permitted. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

(Ord. No. 519, 8-8-2012)

17.112.250 - Liability for damages. ¶

The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person erecting or owning any sign, for personal injury or property damage resulting from the placement of such sign, or resulting from the negligence or willful acts of such person, its agents, employees, or workmen, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under this chapter; nor shall it be construed as imposing upon the city or its officers or employees any responsibility or liability by reason of approval of any signs, materials, or devices under the provisions of this chapter.

(Ord. No. 519, 8-8-2012)

17.112.260 - Maintenance of signs. ¶

A.

Every sign and all parts, portions, components and materials thereof, shall be maintained and kept in good condition and proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked or broken surfaces and malfunctioning or damaged portions of a sign shall be repaired or replaced within thirty (30) calendar days following notification by the city. Noncompliance with such a request shall constitute a nuisance and may be abated in accordance with the provisions of this chapter.

B.

Any maintenance, except a change of copy not specifically exempted, shall be permitted.

(Ord. No. 519, 8-8-2012)

17.112.270 - Enforcement. ¶

A.

Permit Revocation. The planning director or planning commission is authorized and empowered to revoke any sign permit issued by the planning director upon failure of the holder thereof to comply with any provisions of this chapter. Additionally, the planning commission can initiate revocation proceedings. The city council is authorized and empowered to revoke any sign permit issued by the planning commission upon failure of the holder thereof to comply with any provisions of this chapter.

B.

Public Nuisance. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this chapter, the same is declared a public nuisance and, in addition to any other remedies available, including but not limited to administrative citations and civil penalties, the city attorney is

authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation.

(Ord. No. 519, 8-8-2012)

17.112.280 - Appeals.

Decisions on sign permits may be appealed pursuant to Chapter 17.44.

(Ord. No. 519, 8-8-2012)

Residential Sign Standards

Residential Districts: R-1-20 single-family residential (20,000 s.f.), R-1-10 single-family residential (10,000 s.f.), R-1-5 single-family residential (5,000 s.f.), RM-1 multi-family residential (medium density), R-M-2 multifamily residential (high density), R-MHS residential mobilehome subdivision, mobilehome park.

Number of Signs	Sign Type	Maximum Height	Maximum Sign Area	Location/Min. Spacing Set Backs	Special Regulations Limitations
1	Civic: wall, fat or freestanding	6′	3 s.f.	10′ from property line, where reasonable and applicable
1	Real Estate: wall, fat or freestanding	6′	4 s.f.	10′ from property line, where reasonable and applicable	Removal within 5 days of rent, lease or sale. Spinners, pennants, streamers, banners or similar temporary outdoor display materials prohibited. No illumination
1	Mobilehome subdivision/Park sign	6′	32 s.f.	10′ from property line, where reasonable and applicable	One sign at each entry. Limited to name, logo and neighborhood address.

Commercial/Industrial Sign Standards

Commercial/Industrial Districts: I industrial, CR commercial retail and CH commercial highway

Number of Signs	Sign Type	Maximum Height	Maximum Sign Area	Location/Min. Spacing Set Backs	Special Regulations Limitations
1	Street Numbers	6′	2 s.f.	Below roof line or 10′ from property line, where reasonable and applicable
1	Civic: wall, fat or freestanding	6′	1 s.f. per lineal foot of building or street frontage	10′ from property line, where reasonable and applicable
---	---	---	---	---	---
1	Real Estate	6′	4 s.f.	10′ from property line, where reasonable and applicable or within a window or on a wall	Removal within 5 days of rent, lease or sale. Spinners, pennants, streamers or similar temporary outdoor display materials are prohibited
1	Future Tenant Identifcation	As determined pursuant to section 17.40.070	As determined pursuant to section 17.40.070	As determined pursuant to section 17.40.070	Removal within 1 year of building permit issuance.
1	Roof	6′ above roof line	1 s.f. per lineal foot of building or street frontage	6′ above roof line
1	Awning/Canopy	As determined pursuant to section 17.40.070	1 s.f. per lineal foot of building or street frontage	2′ from the curb line of street, alley or area accessible to motor vehicles, bicycles and; 7′ of clearance above the walking surface	No awning/canopy shall project more than 5′ from the wall to which it is afxed.
1	Freestanding	As determined pursuant to section 17.40.070	120 s.f.	10′ from property line, where reasonable and applicable. Sign bottom 16′ above ground level	50′ minimum separation from any other freestanding sign on the same parcel or adjoining parcels.
1	Freestanding Multi- Tenant	As determined pursuant to chapter 17.40.070	As determined pursuant to section 17.40.070	As determined pursuant to section 17.40.070	Advertising on a freestanding sign in addition to a multi- tenant sign is prohibited.
1	Master Sign Program	As determined pursuant to chapter 17.40.070	30 s.f. minimum per business; cumulative maximum 200 s.f. or fve @ 40 s.f.	10′ from property line, where reasonable and applicable	Individual freestanding signs in addition to a master sign is prohibited.
1	Banners	Attached to building or securely set poles	1 ½ times the business sign permitted	Within the property or the business site	Banners and sandwich boards may not be used at the same time. Limited to three 30- day displays per year and only one per 100 feet of street frontage
1	Sandwich Board	4′	8 s.f.	On the property of the business site	Sandwich boards and banners may not be used at the same time. Limited to three 30-day
					displays per year and only one per 100 feet of street frontage
---	---	---	---	---	---
1	Window	Maximum 4 s.f.	Not to exceed 25% of window area	Within window
1	Business: wall, fat, projecting or window	6′ above roof line	1 s.f. per lineal foot of building or street frontage. Not to exceed 25% of window area	Wall/fat attached to building; Projecting must be double faced not to extend more than 2′ over the right-of-way

Agricultural Sign Standards

A agricultural district

Number of Signs	Sign Type	Maximum Height	Maximum Sign Area	Location/Min. Spacing Set Backs	Special Regulations Limitations
1	Civic: wall, fat or freestanding	6′	3 s.f.	10′ from property line, where reasonable and applicable
1	Real Estate	6′	4 s.f.	10′ from property line, where reasonable and applicable	Removal within 5 days of rent, lease or sale. Spinners, pennants, streamers, banners or similar temporary outdoor display prohibited. No illumination
1	Name Plate & Street Numbers: wall, fat or freestanding	6′	2 s.f.	10′ from property line, where reasonable and applicable
1	Agriculture	6′	2 s.f.	10′ from property line or attached to building wall
1	Window	Maximum 4 s.f.	Not to exceed 25% of window area	Within the window

Historic District Sign Standards[1]

H historic district

Number of Signs	Sign Type	Maximum Height	Maximum Sign Area	Location/Min. Spacing Set Backs	Special Regulations Limitations
1	Civic: wall, fat or freestanding	6′	3 s.f.	10′ from property line, where reasonable and applicable
---	---	---	---	---	---
1	Business: wall, fat or freestanding	6′ above roof line	Wall/fat: 1 s.f. per lineal foot of building or street frontage. Window business signs not to exceed 25% of the window area	Wall/fat must be attached to building; Window limited to 25% coverage; Projecting must be double faced and extend not more than 2′ over public right-of-way
1	Real estate: wall, fat or freestanding	6′	4 s.f.	Attached to building or 10′ from property line, where reasonable and applicable	Removal within 5 days of rent, lease or sale. Spinners, pennants, streamers or similar outdoor display materials prohibited
1	Awning/ Canopy	35′ measured from the ground level to the top of the sign	1 s.f. per lineal foot of awning or canopy	2′ from curb line of street, alley or area accessible to motor vehicles, bicycles, motorcycles and 7′ of clearance above the walking surface	No illumination. No awning/canopy shall project more than 5′ from the wall/roof to which it is afxed.
1	Freestanding	35′	Maximum 120 s.f.	10′ from property line, where reasonable and applicable
1	Sandwich Board	4′		On the property or business site	Sandwich boards and banners may not be used at the same time. Limited to three 30-day displays per year and only one per 100 feet of street frontage
1	Window	Maximum 4 s.f.	Not to exceed 25% of window area	Within the window

Open Space Sign Standards

O open space district

Number of Signs	Sign Type	Maximum Height	Maximum Sign Area	Location/Min. Spacing Set Backs	Special Regulations Limitations
1	Name Plate and Street Numbers:	6′	2 s.f.	10′ from property line, where reasonable and	No illumination
	wall, fat or freestanding			applicable. One at each entry
---	---	---	---	---	---
1	Directional	6′	2 s.f.	10′ from property line, where reasonable and applicable	No illumination

Special Public Service District Sign Standards

SPSD special public service district

Number of Signs	Sign Type	Maximum Height	Maximum Sign Area	Location/Min. Spacing Set Backs	Special Regulations Limitations
1	Name Plate and Street Numbers: wall, fat or freestanding	6′	2 s.f.	10′ from public right- of-way or property line, where reasonable and applicable
1	Directional	6′	2 s.f.	10′ from public right- of-way or property line, where reasonable and applicable

(Ord. 451 (part), 1998)

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(Ord. No. 519, 8-8-2012)

Chapter 17.116 - DESIGN GUIDELINES

17.116.010 - Purpose and intent. ¶

The purpose and intent of design guidelines is to establish a set of standard regulations to maintain and enhance the city's character and visual appearance in order to create a quality future community; and to continue to maintain and enhance the historic resources, qualities and character of the city. The city council finds establishment of design guidelines necessary to achieve the cited mitigation of the community design element and implementation of the Colfax General Plan 2020 with the following findings:

A.

The design guidelines will maintain the small town character that makes Colfax a desirable place to live;

B.

The design guidelines will maintain and enhance the city's character and visual appearance in order to create a quality fixture community; and

C.

The design guidelines will maintain and enhance the historic resources, qualities and character of the city.

(Ord. No. 519, 8-8-2012)

17.116.020 - Design guidelines. ¶

This chapter incorporates the Colfax design guidelines previously adopted and as thereafter amended.

These guidelines are applicable to all zones within the city limits of Colfax, excepting therefrom singlefamily residential zones R-l-5, R-l-1O, R-1-15, R-1-20 and R-1-40. The official zone map is available at city hall. The purpose of the design guidelines is to enhance the visual quality of the city by using the basic design elements in the existing environment: building materials, architectural styles, sign letter type fonts, colors, landscaping, physical elements and space for people; capitalizing on the area's unique assets.

Most of the downtown core area architecture preserves the history of the community. A few buildings have strayed from the past tradition. However, most of the buildings embody quality in construction, craft, and a style the community wants to maintain and replicate. All projects undertaken should reflect the existing community style to reinforce and extend the qualities and special characteristics of the Colfax community, unless clearly infeasible.

A.

General Considerations.

• Research and/or a visual inventory of the surrounding community building architecture, colors, landscaping and signage is recommended.

• Respect the design of the existing structures as products of the design philosophy and reflection of a specific time.

• Retain and restore the distinctive stylistic features of existing structures.

• Replace or repair lot features (i.e. fencing) when possible.

• Restore historical elements of the original building design to create the visual appearance of the original structure.

• Minimize alterations to historic structures. Facade changes should reflect and conform to the appearance of the surrounding area.

• All new or remodeled structures should reflect the early railroad and/or a mountain/western style of architecture.

• Traditional building materials such as simulated wood shingles, lap siding, board and batten, brick, and indigenous rock should be used.

• Utilize varied materials, textures, or colors to create horizontal and vertical articulation. A range of selected colors is available for viewing at city hall.

B.

Considerations for Residential Uses.

• Porches or covered entries are encouraged.

• Residences should be located toward the front lot line setback. Roofs should be pitched.

Detached and rear access garages are encouraged.
Garage doors should not be the focal point of a residence.

• Front doors and porches should be the most prominent aspect of residential design.

• Residential housing or land use conversion to commercial should reflect characteristics and architectural features common during 1875 to the early 1940s.

C.

Considerations for Commercial/Business Uses.

• Commercial/business design characteristics should reflect architectural features common during 1875 to the early 1930s.

• Storefronts should be treated as focal point(s).

• Utilize established historic design features i.e. cornices, window types and sizes, recessed double doorways, etc.

• Maintain the existing building/pedestrian scale.

Differentiate building facades through the use of color, facade elements, or a change in materials.
Use appropriate window and awning styles, sizes, and spacing.
Height and building mass should be in proportion to the surrounding buildings, trees, and terrain.

• Two stories or stepped hillside/split level construction is preferred, rather than long ware house buildings with no articulation.

Avoid a lack of architectural detail, which creates a plain appearance.

• Stucco, concrete slab, and metal exteriors generally detract from the community character and are discouraged.

Considerations for Equipment/Utilities.

• Refuse areas should be recessed, enclosed, or screened from view and located in accordance with the servicing disposal company.

• Enclosures should be constructed and finished in a manner consistent with the design elements of the main structure.

• On-site utility service should be installed underground in accordance with the public works department, city engineer and applicable city codes and policies.

• Adjacent off-site utility services should be installed underground in accordance with the public works department, city engineer and applicable city codes and policies.

• All heating/cooling or other equipment and appurtenances should be recessed and/or screened from view.

Considerations for lighting.

• No lighting should constitute a safety hazard.

• All lighting should be downcast.

• Lighting standards should be mounted on reinforced pedestals or otherwise protected.

• Under canopy lighting should be recessed or concealed so as not to be directly visible from a public street.

• Neon lighting is discouraged in the historic (H) district.

• Exterior lighting should be compatible with the architecture, landscaping, and consistent with surrounding fixtures and styles.

Considerations for Landscaping.

a.

Landscaping should enhance the aesthetic appearance of the project. Innovative techniques or uses of alternative plants and planting schemes will be considered; a minimum of five percent of the gross area of the total parcel or lot should be landscaped; a minimum of two percent in conjunction with parking lot landscaping.

• Hillside development should preserve native trees when feasible, and be planted immediately and landscaped to prevent erosion and should channel run-off to designated retention areas.

• Landscaping should consider conservation of water resources through the efficient use of irrigation, appropriate plant materials (i.e. appropriate plant zones), and regular maintenance of landscaped areas.

• A recommended list of trees, shrubs, and groundcovers is in Appendix 3 of this title. A mix of trees, shrubs, groundcovers, and surfacing materials is preferred, rather than planting the same species throughout the project in public areas.

• Recommended surfacing materials: rocks, gravel, ornamental mulch materials, chips, or any other materials acceptable to the planning director. Not more than thirty (30) percent of the landscape area should be covered by surface materials.

• Minimum tree size should be fifteen (15) gallons.

Minimum shrub size one gallon, five gallon is preferred.

• Rooted cutting groundcover plants should be placed for uniform coverage within twelve (12) months.

• Retain old/new native conifers, oaks, and maples when possible. Replace and replant any dead or removed plants or trees. All landscaping must be irrigated in conformance with Chapter 17.122 ("California State-Mandated Water Efficient Landscape Regulations") and maintained in a live state, or replaced within a reasonable time (three to six months) of discovery; The use of native vegetation is intended to eliminate the need for permanent irrigation, however, temporary irrigation should be provided for three years or until the vegetation is permanently established.

• Landscaping and irrigation shall be installed prior to issuance of a certificate of occupancy by the chief building official.

• All landscaping and irrigation shall be maintained by any and all subsequent owners for a minimum period of three years after installation, the developer shall comply with either (i) or (ii) of the following provisions and shall comply with (iii):

(i)

Deposit with the city a maintenance bond, cash, letter of credit, or its equivalent, in an amount equal to one-half the market value of landscaping and irrigation guaranteeing the proper care, treatment and maintenance of landscaping for a period of three years or;

(ii)

Execute an agreement and equitable lien in an amount equal to the full market value of the landscaping and irrigation with the city, guaranteeing the maintenance thereof during a three-year period. Default of such agreement or lien shall cause written letter of notification by the city, to the owner of said real property within ten (10) days that the city will perform or have performed by a reputable landscaper any and all maintenance work it deems necessary and bring legal action against the owner for the full cost of such maintenance work, or foreclose such equitable lien as provided by law;

(iii)

Prior to the expiration of the three year maintenance guarantee period and return of the security, the property owner shall maintain, replace or restore all deficient landscaping.

Considerations for parking lots.

• One shade tree for every eight to ten (10) parking spaces is requested, in no case shall there be more than sixteen (16) stalls without a landscape break.

• Perimeter landscaping is required for screening purposes:

Adjacent to residential uses;
Street frontage buffers;
Along property lines, berms, hedges, or other features may be requested to differentiate boundaries of land uses.

• Landscape strips constructed adjacent to the street should be a minimum of four feet wide, except that portion of the frontage within two feet of driveways or alleys.

• Screening hedge should not exceed three feet in height consisting of compact evergreen plants a minimum height of eighteen inches within eighteen (18) months, some situations may substitute a decorative masonry wall.

• Earth berms will be a height of three to four feet, may be substituted provided the landscaped strip is widened appropriately to provide ease of maintenance and slopes not to exceed two feet horizontally to one foot vertically.

• Landscaping, berms, or masonry walls shall not inhibit line of sight distance of driveways, alleys, or street intersections.

• Not less than two percent of the interior parking lot shall be landscaped. Perimeter building landscaping shall not be considered a part of the two percent.

• All unused space resulting from the design of the parking spaces shall be used for planting purposes.

• Planted areas shall be separated from vehicular areas and street rights-of-way by a concrete curb at least six inches high.

• Planted areas should average three feet wide, more when feasible.

• Existing mature trees retained may be given credit for parking stalls.

Provide safe clearly designated pedestrian pathways when feasible.

Considerations for Sidewalk Treatment.

• Curb cuts shall conform to adopted city codes and standards.

• Street furniture such as benches, trash enclosures, bicycle racks, planter boxes and landscape vegetation is encouraged.

Considerations for signs.

• Sign standards are set forth in Chapter 17.112.

(Ord. No. 519, 8-8-2012)

17.116.030 - Projects requiring a design review permit.

Projects requiring a design review permit are as set forth in subsection 17.32.010C.

(Ord. No. 519, 8-8-2012)

17.116.040 - Approval authority for a design review permit.

The approval authority for a design review permit is as set forth in subsection 17.32.010C.

(Ord. No. 519, 8-8-2012)

17.116.050 - Findings for a design review permit.

The approval authority shall make the findings set forth in subsection 17.40.070B. to approve a design review permit.

(Ord. No. 519, 8-8-2012)

17.116.060 - Appeals.

Decisions on design review permits may be appealed pursuant to Chapter 17.44.

(Ord. No. 519, 8-8-2012)

17.116.070 - Fees.

Fees for design review shall be established by resolution and incorporated in the official city fee schedule.

(Ord. No. 519, 8-8-2012)

Chapter 17.120 - PERFORMANCE STANDARDS

17.120.010 - Purposes.

Performance standards shall be enforced for the control of agricultural, commercial and industrial uses in the city for the following purposes:

A.

To permit potential nuisances to be measured factually and objectively in terms of the potential nuisance itself;

Noise, vibration, smoke, dust, odor or other forms of air pollution;

C.

Heat, cold, dampness, glare, electrical or other disturbances;

D.

Liquid or solid refuse or wastes; and

E.

Other substances, conditions or elements used in such a manner or in such an amount as to affect adversely the surrounding areas or adjoining premises of any land or building.

(Ord. No. 519, 8-8-2012)

17.120.060 - Dangerous and objectionable elements—Determinations of existence.

The determination of the existence of dangerous and objectionable elements shall be made at the location of the use creating such elements and at any point where the existence of such elements may be more apparent (referred to in this chapter as "at any point"); provided, however, the measurements necessary for the enforcement of the performance standards set forth in Sections 17.120.070 through 17.120.100 of this chapter for noise, vibrations, odors and glare shall be taken at the following points of measurement:

A.

In any district except the industrial district (I): beyond the lot line of the establishment or use; and

B.

In the industrial district (I): five hundred (500) feet from the establishment or use or at the boundary of the district, if closer to the establishment or use or at any point within an adjacent district other than the industrial district.

(Ord. No. 519, 8-8-2012)

17.120.070 - Loud, unnecessary or unusual noises unlawful.

It is unlawful for any business operation to make or continue or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others within the city when not in the normal or usual conduct of commercial or industrial business.

(Ord. No. 519, 8-8-2012)

17.120.080 - Vibrations. ¶

No vibration (other than from a transportation facility or temporary construction work) shall be permitted which is discernible without instruments at the point of measurement set forth in Section 17.120.060 of this chapter.

(Ord. No. 519, 8-8-2012)

17.120.090 - Odors. ¶

No emission of odorous gases or other odorous matter shall be permitted in excess of the most recent standards adopted by the Placer County Air Pollution Control District and Placer County Department of Environmental Health. Any process which may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.

(Ord. No. 519, 8-8-2012)

17.120.100 - Glare. ¶

No direct or sky-reflected glare, whether from floodlights or from high temperature processes, such as combustion, welding or otherwise, shall be permitted to be visible at the point of measurement set forth in Section 17.120.060 of this chapter. The restriction set forth in this section shall not apply to signs or the lighting of buildings or grounds for advertising or protection as otherwise permitted by the provisions of this title.

(Ord. No. 519, 8-8-2012)

17.120.110 - Fires and explosives.

All activities involving and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices standard in the industry. The burning of waste materials in open fires shall be prohibited at any point.

(Ord. No. 519, 8-8-2012)

17.120.120 - Radioactivity and electrical disturbances. ¶

No activity shall be permitted which emits dangerous radioactivity at any point or electrical disturbances adversely affecting the operation at the point of any equipment other than that of the creator of such disturbance.

(Ord. No. 519, 8-8-2012)

17.120.130 - Smoke and gas. ¶

No emission of visible smoke from any chimney or other source or gas in excess of the most recent standards adopted by the Placer County Air Pollution Control District shall be permitted.

(Ord. No. 519, 8-8-2012)

17.120.140 - Air pollution.

No emission at any point shall be permitted which can cause damage to human or animal health, to vegetation or to other forms of property or which can cause any excessive soiling. No emission shall be permitted in excess of the most recent standards adopted by the Placer County Air Pollution Control District.

(Ord. No. 519, 8-8-2012)

17.120.150 - Liquid and solid wastes. ¶

No discharge shall be permitted at any point into any public sewer, private sewage system, stream or into the ground and of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements, except in accordance with the most recent standards approved by the Placer County Environmental Health Services Department and California Regional Water Quality Control Board. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces. Any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.

(Ord. No. 519, 8-8-2012)

17.120.160 - Violations—Investigations—Remedies. ¶

The planning director or his or her designee shall investigate any purported violations of such performance standards and may employ qualified experts for such investigations. If the planning director finds that a violation has existed or does exist, the planning director may establish a reasonable time within which compliance with the performance standards shall be achieved. Should the planning director find that the public health, convenience or welfare so require, he or she may order the offending establishment to cease operations until proper steps are taken to correct the conditions which cause the violation. A copy of such findings and rulings shall be forwarded to the offending violator. The services of any qualified expert employed by the planning director to advise in establishing a violation shall be paid by the violator if the violation is established; otherwise the city shall pay for such services.

Registered local, state or federal historical sites;

Ecological restoration projects that do not require a permanent irrigation system;

3.

Mined-land reclamation projects that do not require a permanent irrigation system; or

4.

Plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. 519, 8-8-2012)

17.122.030 - Definitions.

The terms used in this chapter have the meaning set forth below:

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

"Automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"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 the irrigation system.

"Certificate of completion" means the document required under Section 17.122.240.

"Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense Irrigation Designer Certification Program and Irrigation Association's Certified Irrigation Designer Program.

"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense Irrigation Auditor Certification Program and Irrigation Association's Certified Landscape Irrigation Auditor Program.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

"Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

"The city" means the incorporated City of Colfax that is responsible for adopting and implementing the ordinance. The city is also responsible for the enforcement of this chapter, including but not limited to, approval of a permit and plan check or design review of a project.

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

"Drip irrigation" means any nonspray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Effective precipitation" or "usable rainfall" (EPPT) means the portion of total precipitation which becomes available for plant growth.

"Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

"Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.

"Estimated total water use" (ETWU) means the total water used for the landscape.

"ET adjustment factor" (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.7)=(0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing nonrehabilitated landscapes is 0.8.

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

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

"Hardscapes" means any durable material (pervious and nonpervious).

"Homeowner-provided landscaping" means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrosome may be irrigated or nonirrigated.

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated

by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a regional district noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA Invasive and Noxious Weeds Database.

"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.

"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 minimum average irrigation efficiency for purposes of this chapter is 0.71. Greater irrigation efficiency can be expected from well-designed and maintained systems.

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 minimum average irrigation efficiency for purposes of this chapter is 0.71. Greater irrigation efficiency can be expected from well-designed and maintained systems.

"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 written recommendations to improve performance of the irrigation system.

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

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

"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, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

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

"Landscape documentation package" means the documents required under Section 17.122.050.

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section 17.122.020.

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

"Low-volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

"Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 17.122.230. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

iration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

"Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Mulch" means any organic material such as leaves, bark, straw, 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.

"New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

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

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

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

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

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Placer County Water Agency" is the local water purveyor that provides the city retail water service.

"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

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

"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 17.122.050, to request a permit, plan check, or design review from the city. A project applicant may be the property owner or his or her designee.

"Rain sensor" or "rain-sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

"Recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

Recycled water", "reclaimed water", or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated as presented for the Colfax area as follows:

Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Annual ETo
1.1	1.5	2.6	4.0	5.8	7.1	7.9	7.0	5.3	3.2	1.4	0.9	47.9

"Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 17.122.010 of this chapter, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet, is fifty (50) percent of the total landscape area, and the modifications are completed within one year.

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

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

"Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

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

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

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

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

"Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

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

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

"Water conserving plant species" means a plant species identified as having a low plant factor.

"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). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or

stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window" means the time of day irrigation is allowed.

"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.

(Ord. No. 519, 8-8-2012)

17.122.040 - Compliance with landscape documentation package.

Estimated total water use (ETWU).

(iii)

Soil management report;

(iv)

Landscape design plan;

(v)

Irrigation design plan; and

(vi)

Grading design plan.

(Ord. No. 519, 8-8-2012)

17.122.060 - Water efficient landscape worksheet.

A project applicant shall complete the water efficient landscape worksheet which contains two sections (see sample worksheet in Appendix B):

1.

A hydrozone information table (see Appendix B, Section A) for the landscape project; and

2.

A water budget calculation (see Appendix A, Section B) for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the reference evapotranspiration table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

B.

Water budget calculations shall adhere to the following requirements:

1.

The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

2.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

3.

All special landscape areas shall be identified and their water use calculated as described below.

4.

ETAF for special landscape areas shall not exceed 1.0.

C.

Maximum applied water allowance:

The maximum applied water allowance shall be calculated using the equation:

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]

The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing and/or planned landscape project. The ETo values used in these calculations for Colfax are for planning purposes only as follows:

Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Annual ETo
1.1	1.5	2.6	4.0	5.8	7.1	7.9	7.0	5.3	3.2	1.4	0.9	47.9

For actual irrigation scheduling, automatic irrigation controllers are required and shall use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data.

1.

Example MAWA calculation: a hypothetical landscape project in Colfax, CA, with an irrigated landscape area of fifty thousand (50,000) square feet without any special landscape area (SLA= 0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Colfax is 47.9 inches.

MAWA	=(ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA	=Maximum Applied Water Allowance (gallons per year)
ETo	=Reference Evapotranspiration (inches per year)
0.62	=Conversion Factor (to gallons)
0.7	=ET Adjustment Factor (ETAF)
LA	=Landscape Area including SLA (square feet)
0.3	=Additional Water Allowance for SLA
SLA	=Special Landscape Area (square feet)
MAWA	=(47.9 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 1,039,430 gallons per year
To convert from gallons per year to hundred-cubic-feet per year:
	=1,039,430/748 = 1,399 hundred-cubic-feet per year (100 cubic feet = 748 gallons)

2.

In this next hypothetical example, the landscape project in Colfax has the same ETo value of 47.9 inches and a total landscape area of fifty thousand (50,000) square feet. Within the fifty thousand (50,000) square foot project, there is now a two thousand (2,000) square foot area planted with edible plants. This two thousand (2,000) square foot area is considered to be a special landscape area.

MAWA	=(ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA	=(47.9 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)]
	=29.70 x [35,000 + 600] gallons per year
	=29.70 x 35,600 gallons per year
	=1,057,320 gallons per year or 1,414 hundred-cubic-feet per year

D.

Estimated Total Water Use. The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrazones shall not exceed MAWA. Where:

ETWU	=Estimated Total Water Use per year (gallons)
ETo	=Reference Evapotranspiration (inches)
PF	=Plant Factor from WUCOLS (see section 17.110.20)
HA	=Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA	=Special Landscape Area(square feet)
0.62	=Conversion Factor
IE	=Irrigation Efciency (minimum 0.71)

1.

Example ETWU calculation: landscape area is fifty thousand (50,000) square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is 47.9 inches per year. There are no special landscape areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example.

Hydrozone	Plant Water Use Type(s)	Plant Factor (PF)*	Hydrozone Area (HA) (square feet)	PF x HA (square feet)
1	High	0.8	7,000	5,600
2	High	0.7	10,000	7,000
3	Medium	0.5	16,000	8,000
---	---	---	---	---
4	Low	0.3	7,000	2,100
5	Low	0.2	10,000	2,000
			Sum	24,700
*Plant Factor from WUCOLS = 1,057,320		gallons per year

Compare ETWU with MAWA: For this example MAWA = (47.9) (0.62) [(0.7 × 50,000) + (0.3 × 0)] = 1,057,320 gallons per year. The ETWU (1,039,430 gallons per year) is less than MAWA (1,102,116 gallons per year). In this example, the water budget complies with the MAWA.

2.

Example ETWU calculation: total landscape area is fifty thousand (50,000) square feet, two thousand (2,000) square feet of which is planted with edible plants. The edible plant area is considered a special landscape area (SLA). The reference evapotranspiration value is 47.9 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below.

Hydrozone	Plant Water Use Type(s)	Plant Factor (PF)*	Hydrozone Area (HA) (square feet)	PF xHA (square feet)
1	High	0.8	7,000	5,600
2	High	0.7	9,000	6,300
3	Medium	0.5	15,000	7,500
4	Low	0.3	7,000	2,100
5	Low	0.2	10,000	2,000
			Sum	23,500
6	SLA	1.0	2,000	2,000
*Plant Factor from WUCOLS

= (29.70) (33,099 + 2,000)

= 1,042,440 gallons per year

Compare ETWU with MAWA. For this example:

MAWA = (47.9) (0.62) [(0.7 x 50,000) + (0.3 × 2,000)]

= 29.70 × [35,000 + 600]

= 29.70 × 35,600

=1,057,320 gallons per year

The ETWU (1,042,440 gallons per year) is less than MAWA (1,057,320 gallons per year). For this example, the water budget complies with the MAWA.

(Ord. No. 519, 8-8-2012)

17.122.070 - Soil management report.

A.

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

1.

Submit soil samples to a laboratory for analysis and recommendations.

a.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

b.

The soil analysis may include:

(i)

Soil texture;

(ii)

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

(iii)

pH;

(iv)

Total soluble salts;

(v)

Sodium;

(vi)

Percent organic matter; and

(vii)

Recommendations.

2.

The project applicant, or his/her designee, shall comply with one of the following:

a.

If significant mass grading is not planned, the soil analysis report shall be submitted to the city as part of the landscape documentation package; or

b.

If significant mass grading is planned, the soil analysis report shall be submitted to the city as part of the certificate of completion.

3.

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

4.

The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city with certificate of completion.

(Ord. No. 519, 8-8-2012)

17.122.080 - Landscape design plan. ¶

A.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

1.

Plant Material.

a.

Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. To encourage the efficient use of water, the following is highly recommended:

(i)

Protection and preservation of native species and natural vegetation;

(ii)

Selection of water-conserving plant and turf species;

(iii)

Selection of plants based on disease and pest resistance;

(iv)

Selection of trees based on applicable local tree ordinances or tree shading guidelines; and

(v)

Selection of plants from local and regional landscape program plant lists.

b.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in subsection 17.110.090A.2.d.

c.

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:

(i)

Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

(ii)

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and

(iii)

Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

d.

Turf is not allowed on slopes greater than twenty-five (25) percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five (25) percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run × 100 = slope percent).

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

f.

The use of invasive and/or noxious plant species is strongly discouraged.

g.

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

2.

Water Features.

a.

Recirculating water systems shall be used for water features.

b.

Where available, recycled water shall be used as a source for decorative water features.

c.

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

d.

Pool and spa covers are highly recommended.

3.

Mulch and Amendments.

a.

A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

b.

Stabilizing mulching products shall be used on slopes.

c.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

d.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 17.110.070).

B.

The landscape design plan, at a minimum, shall:

1.

Delineate and label each hydrozone by number, letter, or other method;

2.

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

4.

Identify areas permanently and solely dedicated to edible plants;

5.

Identify areas irrigated with recycled water;

6.

Identify type of mulch and application depth;

7.

Identify soil amendments, type, and quantity;

8.

Identify type and surface area of water features;

9.

Identify hardscapes (pervious and nonpervious);

10.

Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:

Infiltration beds, swales, and basins that allow water to collect and soak into the ground;

b.

Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and

c.

Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

11.

Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);

12.

Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

13.

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.

(Ord. No. 519, 8-8-2012)

17.122.090 - Irrigation design plan. ¶

A.

For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

1.

System.

a.

Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand (5,000) square feet to facilitate water management.

b.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.

The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

(i)

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as in-line pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

(ii)

Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

d.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

e.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

f.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City Code (i.e., public health) for additional backflow prevention requirements.

g.

High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.

h.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

i.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

j.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

k.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 17.122.060 of this chapter regarding the maximum applied water allowance.

l.

It is highly recommended that the project applicant inquire with the Placer County Water Agency about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

m.

In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.

n.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

o.

Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

p.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high-traffic areas.

q.

Check valves or anti-drain valves are required for all irrigation systems.

r.

Narrow or irregularly shaped areas, including turf, less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation system.

s.

Overhead irrigation shall not be permitted within twenty-four (24) inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low-flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

(i)

The landscape area is adjacent to permeable surfacing and no runoff occurs;

(ii)

The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

(iii)

The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in subsection 17.122.090A.1.h. of this chapter. Prevention of overspray and runoff must be confirmed during the irrigation audit.

t.

Slopes greater than twenty-five (25) percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

2.

Hydrozone.

a.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.

d.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

(i)

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

(ii)

The plant factor of the higher water using plant is used for calculations.

e.

Individual hydrozones that mix high and low water use plants shall not be permitted.

f.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table (see Appendix A, Section A). This table can also assist with the irrigation audit and programming the controller.

B.

The irrigation design plan, at a minimum, shall contain:

1.

Location and size of separate water meters for landscape;

2.

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture-sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

3.

Static water pressure at the point of connection to the public water supply;

4.

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

5.

Recycled water irrigation systems as specified in Section 17.122.160;

6.

The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

7.

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system.

(Ord. No. 519, 8-8-2012)

17.122.100 - Grading design plan. ¶

A.

Property owner name, telephone, and mailing address.

2.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package;

a.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification.

Irrigation scheduling parameters used to set the controller (see Section 17.122.120);

4.

Landscape and irrigation maintenance schedule (see Section 17.122.130);

5.

Irrigation audit report (see Section 17.122.140); and

6.

Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see Section 17.122.070).

The project applicant shall:

1.

Submit the signed certificate of completion to the city for review;

2.

Ensure that copies of the approved certificate of completion are submitted to the Placer County Water Agency and property owner or his or her designee.

C.

The city shall:

1.

Receive the signed certificate of completion from the project applicant;

2.

Approve or deny the certificate of completion. If the certificate of completion is denied, the city shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(Ord. No. 519, 8-8-2012)

17.122.120 - Irrigation scheduling. ¶

A.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

Irrigation scheduling shall be regulated by automatic irrigation controllers.

2.

Overhead irrigation shall be scheduled between eight p.m. and ten (10) a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the Placer County Water Agency, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

a.

The plant establishment period;

b.

The established landscape; and

c.

Temporarily irrigated areas.

5.

Each irrigation schedule shall consider for each station all of the following that apply:

a.

Irrigation interval (days between irrigation);

b.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

c.

Number of cycle starts required for each irrigation event to avoid runoff;

d.

Amount of applied water scheduled to be applied on a monthly basis;

Application rate setting;

f.

Root depth setting;

g.

Plant type setting;

Soil type;

Slope factor setting;

Shade factor setting; and

k.

Irrigation uniformity or efficiency setting.

(Ord. No. 519, 8-8-2012)

17.122.130 - Landscape and irrigation maintenance schedule.

A.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

B.

A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C.

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

A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance.

(Ord. No. 519, 8-8-2012)

17.122.140 - Irrigation audit, irrigation survey, and irrigation water use analysis.

A.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B.

For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 17.122.020:

1.

The project applicant shall submit an irrigation audit report with the certificate of completion to the city that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule;

2.

The city shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.

(Ord. No. 519, 8-8-2012)

17.122.150 - Irrigation efficiency. ¶

For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71.

(Ord. No. 519, 8-8-2012)

17.122.160 - Recycled water. ¶

A.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. No. 519, 8-8-2012)

17.122.190 - Environmental review. ¶

The city must comply with the California Environmental Quality Act (CEQA), as appropriate.

(Ord. No. 519, 8-8-2012)

17.122.200 - Provisions for existing landscapes. ¶

The city designates Placer County Water Agency to implement all of the requirements contained in Section 17.122.200.

(Ord. No. 519, 8-8-2012)

17.122.210 - Irrigation audit, irrigation survey, and irrigation water use analysis.

A.

This section shall apply to all existing landscapes that were installed before January 1, 2010, and are over one acre in size.

1.

For All Landscapes in Subsection 17.122.200A. that have a water meter, the Placer County Water Agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

2.

For All Landscapes in Subsection 17.122.200A. that do not have a meter, the city shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

B.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(Ord. No. 519, 8-8-2012)

17.122.220 - Water waste prevention. ¶

The city shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions are established under Section 17.122.220.

(Ord. No. 519, 8-8-2012)

17.122.230 - Water Efficient Landscape Worksheet.

"Appendix A" Water Efficient Landscape is hereby incorporated by reference to this chapter and made a part thereof.

(Ord. No. 519, 8-8-2012)

17.122.240 - Certification of completion.

"Appendix B" Certificate of Completion is hereby incorporated by reference to this chapter and made part thereof.

(Ord. No. 519, 8-8-2012)

Chapter 17.123 - SHORT-TERM RENTALS

Sections:

17.123.010 - Purpose and intent. ¶

It is the purpose of this chapter to provide rules governing the issuance of permits and establishment of operational requirements and restrictions for short-term rentals of dwellings within the city of Colfax. The intent of this chapter is to ensure that the operation of these short-term rentals is consistent with applicable local, state and federal laws, statutes, rules, and regulations.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.020 - Permit required.

It is unlawful for any person to advertise, maintain, authorize the use or occupancy of, or operate a shortterm rental of a dwelling in the city of Colfax without first obtaining a valid permit as required by this chapter. A short-term rental permit may not be issued for both a single-family dwelling and an accessory dwelling unit on the same parcel.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.030 - Term and scope of permit. ¶

A short-term rental permit issued under this chapter shall expire twelve (12) months from the date of issuance, unless revoked, suspended or surrendered earlier. The permit authorizes the permittee to conduct only such activities and services as described in the permit and in accordance with the terms and

conditions of the permit and the requirements and limitations in this chapter. It is unlawful for a permittee or other responsible person to violate the terms and conditions of the short-term rental permit.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.040 - Definitions used in this chapter.

For purposes of this chapter, the following definitions apply:

"Accessory dwelling" unit has the same meaning as defined in California Government Code Section 65852.2.

"Advertise" or "advertisement" means any method used to solicit interest in a short-term rental including but not limited to, internet-based listing or hosting services.

"Lodger" means a person to whom a person is providing lodging for compensation.

"Owner-occupied short-term rental" is where the owner or tenant is permanently residing within the shortterm rental.

"Parcel" means property assigned a separate parcel number by the Placer County Assessor.

F.

"Permittee" means the property owner to whom a short-term rental permit is issued.

"Person" means any individual, partnership, co-partnership, firm association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.

H.

"Property owner" means the owner of fee title to the property on which the short-term rental exists, or their agent authorized to rent the short-term rental.

L

"Single-family dwelling" means a building or portion thereof, except a tent or trailer, designed or intended to be used for residence purposes by one family. Mobile homes which are not placed on a permanent foundation will be treated as a trailer for the purposes of this definition.

J.

"Short-term rental" means any single-family dwelling or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A short-term basis is thirty (30) calendar days or less to the same person or the same group of persons.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.050 - Application and renewal of short-term rental permits

A.

A property owner may apply for a short-term rental permit by filing an application with the planning director and/or designee. The application must be on a form approved by the planning director and/or designee and may require any information or documentation consistent with the provisions of this chapter. The permit application shall be on a form furnished by the city and signed by the applicant. Such application shall include, but not be limited to, the following information:

1.

Name, address, and telephone number of the applicant;

2.

Name, address, and 24-hour telephone numbers(s) of applicant and secondary point of contact, if the applicant is not located onsite;

3.

Floor plan, parking location(s), a copy of the business license, and proof of insurance;

4.

Any supplemental information which the planning director or designee finds reasonably necessary to determine whether to approve a short term rental permit.

B.

To renew a short-term rental permit, the permittee shall file an application with the planning director or designee that complies with subsection A above. The application must be submitted no later than thirty (30) calendar days prior to the short-term rental permit expiration date.

C.

Knowingly making a false statement of fact or knowingly omitting any information that is required in an application for a short-term rental permit shall be grounds for denial of a permit.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.060. - Permit fee. ¶

Every permit application shall be accompanied by a nonrefundable short-term rental permit application fee as established by resolution of the city council, as may be amended from time to time. This application fee shall be in addition to the city's business license tax, transient occupancy tax, and any other license, permit fee, or penalty fee imposed by local, state or federal laws, statutes, rules, or regulations.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.070 - Registry required. ¶

A.

Every permittee within the city of Colfax shall retain for a period of eighteen (18) months a register containing the booking information for each group that stays at the short-term rental and make the register available to the city of Colfax upon request.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.080 - Suspending, revoking, or conditioning a short-term rental permit. ¶

A.

The planning director or designee may suspend, revoke, or condition any short term rental permit if the permittee has violated any provision of this chapter or if it is determined that it is necessary to preserve the health, safety and welfare of lodgers and citizens of Colfax.

B.

Additionally, upon issuance of any permit, the planning director or designee may limit the permit by any condition reasonably necessary to preserve the health, safety and welfare of lodgers and the citizens of Colfax and fulfill the purpose of this chapter.

C.

The conditions that the city may impose on the short-term rental permit include, but are not limited to:

1.

Requiring the permittee to remain at the short-term rental during certain hours while guests are present;

2.

Reducing the number of guests that are allowed to lodge at the short-term rental;

3.

Reducing the number of days in a year that the permittee is allowed to provide short-term lodging;

4.

Reducing the number of vehicles that may park on the property.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.100 - Grounds for denying a short-term rental permit.

17.123.130 - Violations. ¶

A.

It is unlawful for any person to operate a short-term rental without complying with the provisions of this chapter. Violation of any provision of this chapter may, at the discretion of the planning director, be charged as an administrative citation under Chapter 1.25 of this Code, or as a misdemeanor or infraction under Chapter 1.24 of this Code. Each day a violation is committed or permitted to continue shall constitute a separate offense. In the case of administrative citations, administrative fines shall be assessed in the amounts provided under subsection 1.25.030 B.2 of this Code for commercial, industrial and other properties.

B.

Violations of this chapter are hereby declared to be a public nuisance. Additionally, a public nuisance may be deemed to exist if operation of the short term rental results in:

1.

More than one response to the parcel, property and/or short-term rental, from law enforcement officers during the term of the permit;

Disruption to the free passage of persons or vehicles in the immediate neighborhood;

3.

All short-term rental guests are required to comply with the noise standards of the city of Colfax General Plan and the community noise equivalent levels (CNEL) standards (Table 4-3 Noise Compatibility Standards of the General Plan).

4.

Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area.

C.

The remedies and penalties provided herein are cumulative and nonexclusive. The use of one does not prevent the use of other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Colfax Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Colfax Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this chapter or to abate a public nuisance.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

17.123.140. - Adoption of rules and regulations. ¶

The city manager or designee may develop operational rules, regulations requirements, or performance standards to implement the provisions and intent of this chapter. All such operational rules, regulations, requirements, or performance standards shall be placed on a public meeting agenda for review and approval by resolution of the city council prior to being implemented.

(Ord. No. 557, § 1(Exh. A), 9-11-2024)

ARTICLE V. - SPECIAL AREA AND SPECIFIC USE REGULATIONS Chapter 17.124 - SPECIAL AREA AND SPECIFIC USE REQUIREMENTS

17.124.010 - Purpose. ¶

The provisions of this chapter regulate specific uses or areas as otherwise permitted in Article III of this title. These requirements are in addition to those contained in the respective zone districts.

(Ord. No. 519, 8-8-2012)

Chapter 17.128 - ADULT (SEX)-ORIENTED ENTERTAINMENT BUSINESSES

17.128.010 - Purpose. ¶

The council finds that sex-oriented entertainment businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. The special

regulation of such businesses is necessary to insure that such adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of such businesses in any one area.

(Ord. No. 519, 8-8-2012)

17.128.020 - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

"Massage parlor" means an establishment where, for any form of consideration or gratuity, massages, alcohol rubs, the administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs, other than medical or therapeutic treatments by persons licensed by the state to administer such treatments.

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

"Sex-oriented book/novelty store" means an establishment having as a portion of its stock-in-trade exposed books, magazines and other periodicals or novelty item which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material or novelty item.

"Sex-oriented entertainment business" means any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Sex-oriented hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ces or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Sex-oriented hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Sex-oriented motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to persons and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

"Sex-oriented motion picture theater" means an enclosed or unenclosed building or structure or portion thereof, used for presenting materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in such theater.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

"Specified sexual activities" means and includes:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or other erotic touching or sexual stimulation of human genitals, pubic regions, buttocks or female breasts.

"Specified anatomical areas" means and includes:

1.

Less than completely and opaquely covered:

Human genitals or pubic regions;

Buttocks; and

c.

Female breasts below a point immediately above the top of the areola; and

3.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. No. 519, 8-8-2012)

17.128.030 - Limitations. ¶

A.

In those land use districts where the sex-oriented entertainment businesses regulated by this chapter would otherwise be permitted pursuant to Article III, it is unlawful to establish any such sex-oriented entertainment business if the location is:

1.

Within one-thousand hundred (1,000) feet of any area zoned for residential use or mixed-used property with residential use included;

2.

Within one thousand (1,000) feet of any other sex-oriented entertainment business; or

3.

Within one thousand (1,000) feet of any public or private school, park, playground, public building, church, noncommercial establishment operated by a bona fide religious organization or any establishment likely to be frequented by minors.

B.

The establishment of any sex-oriented entertainment business shall include the opening of such a business as a new business, the relocation of such a business or the conversion of an existing business location to any sex-oriented entertainment business use.

(Ord. No. 519, 8-8-2012)

17.128.040 - Auxiliary sales of erotica. ¶

Business establishments which sell magazines, videos or books depicting, describing or relating to specified sexual activities or specified anatomical areas and which are located in a general business district may only display such items if done so in a manner where only the title of the publication is exposed or visible.

(Ord. No. 519, 8-8-2012)

17.128.050 - Waivers—Applications. ¶

Any property owner or his or her authorized agent may apply to the planning commission for a waiver of any locational provisions as set forth in Section 17.128.030 of this chapter. The planning commission, after a hearing, may waive any locational provision if the following findings are made:

A.

That the proposed use will not be contrary to the public interests or injurious to nearby properties and that the spirit and intent of this chapter will be observed;

B.

That the proposed use will not enlarge or encourage the development of a "skid row" area;

C.

That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and

D.

That all the applicable regulations of this code will be observed.

(Ord. No. 519, 8-8-2012)

17.128.060 - Waivers—Procedure. ¶

17.132.020 - Permit requirements.

A.

Telecommunications facilities are permitted as identified in Article III. Satellite dish antennas and HAM radio antennas are permitted as accessory structures pursuant to Section 17.96.030.

B.

The following types of telecommunication facilities are exempt from permit provided they meet applicable California Building and Fire Code regulations and the following additional requirements:

1.

Antennas and/or related telecommunication equipment attached to an existing monopole, tower, or similar structure provided the equipment does not increase the height of the existing monopole, tower, or structure.

2.

Antennas and/or related telecommunication equipment located on an existing building provided the equipment does not increase the height of the existing building and the antennae does not conflict with the architectural treatment of the building and is screened from public view or painted to match the exterior of the building.

3.

Equipment shelters/cabinets may be located on site as long as they do not adversely impact the approved building, parking and landscape design and shall be no larger than one hundred sixty (160) square feet in size with a maximum height of six feet.

4.

4.

No facility should be installed on an exposed ridgeline, in or at a location readily visible from a public trail recreation area, or scenic area unless it is satisfactorily screened or made to appear as a natural environmental feature.

5.

Wireless communication facilities should be painted color(s), which are most compatible with their surroundings.

6.

B.

Commercial and Industrial Standards. The following requirements shall apply to satellite antennas in all commercial and industrial zones established by Article III:

1.

Setbacks. If the zoning district abuts a residential zone, any satellite antenna higher than six feet shall be located a minimum of ten (10) feet from the residential property line. For each foot of height above six feet, the satellite antenna shall be located two additional feet back from the residential district.

2.

Maximum Height, Ground-Mounted Antenna. Twenty (20) feet above natural grade.

3.

Roof-mounted antenna shall be screened so as to not be visible from surrounding streets.

C.

Height Measurement. The height of a moveable or adjustable antenna shall be measured at its highest potential position (i.e., with the face plane of a satellite dish antenna parallel to the support post) from natural grade.

(Ord. No. 519, 8-8-2012)

Chapter 17.136 - BUS DEPOTS

17.136.010 - Purpose.

The regulations of this section shall apply to the operation of bus depots where permitted or conditionally permitted in any district as identified in Article III. A conditional use permit is required for a bus depot and shall be evaluated in accordance with the criteria of this chapter.

(Ord. No. 519, 8-8-2012)

17.136.020 - Mandatory standards.

All bus depots shall comply with the following standards, in addition to the general development standards required under Articles III and IV and the Americans with Disabilities Act:

A.

Location. Bus depots shall be located near freeway access or arterial streets so that buses do not travel through residential zone districts.

B.

Driveways. The location of driveways shall be approved by the public works department.

C.

Limitation on Use. Bus depots may include services for ticket sales, passenger loading, or freight handling, but shall not include overnight storage of buses, refueling, or maintenance and repair of buses.

D.

Bus depots shall at all times comply with the most recently idling limitations imposed by Placer County Air Quality Management District.

(Ord. No. 519, 8-8-2012)

17.136.030 - Optional standards. ¶

In approving a conditional use permit for a bus depot, the following criteria may be applied at the discretion of the planning commission:

A.

Site Access. Ingress/egress points should be of sufficient width to accommodate the turning movements of both a bus and other vehicles simultaneously.

B.

Turning Lanes. Special turning lanes may be required to reduce traffic conflicts.

C.

On-Site Circulation. On-site circulation should be designed to allow looped one-way ingress/egress. In the case of an existing development, circulation of buses should not conflict with the functioning of the existing development.

D.

Loading Areas. On-site loading zones should be installed to accommodate the stacking of three buses:

1.

Loading zones should be a minimum of twelve (12) feet wide in addition to the minimum required travel lane of twenty-four (24) feet.

2.

The location of the loading zone should not conflict with other uses on the property, or block pedestrian or vehicular access, or visibility to other existing on-site uses.

3.

Bus depots shall be designed to accommodate a nine by forty-foot bus with a 52-foot turning radius.

E.

Parking. Off-street parking shall be provided to accommodate the use as determined by the approval authority.

F.

Additional measures as may be deemed necessary, including but are not limited to sound walls, landscaping and other site design modifications, to alleviate noise, aesthetic and other impacts.

(Ord. No. 519, 8-8-2012)

Chapter 17.140 - EMERGENCY SHELTER

17.140.010 - Emergency shelter. ¶

This chapter establishes the requirements and standards for the location and operation of an emergency shelter as defined in subsection 17.64.070K.3.

(Ord. No. 519, 8-8-2012)

17.140.020 - Permit requirements.

A.

Emergency shelters are allowed as identified in Article III.

B.

An emergency shelter that meets the requirements of Section 17.140.030 is exempt from a conditional use permit when located in the light industrial (I-L) zone. An emergency shelter proposed within any other zone requires approval of a conditional use permit.

C.

An emergency shelter within the light industrial (I-L) zone shall not operate prior to approval of a zoning clearance certification in accordance with Chapter 17.28.

(Ord. No. 519, 8-8-2012)

17.140.030 - Development and management standards. ¶

The following development standards are required in addition to the general development standards required under Articles III and IV.

A.

Distance Separation Requirements. No emergency shelter shall be located within two hundred fifty (250) feet of any other emergency shelter.

B.

Occupancy. An emergency shelter shall not exceed forty (40) residents, excluding staff.

C.

Length of Occupancy. Any single resident's stay shall not exceed six consecutive months.

D.

Zone Specific Development Standards. An emergency shelter shall comply with all development standards of the applicable zoning district in which it is located.

E.

Parking Requirements. Emergency shelters shall provide one parking space for every staff member and one parking space for every ten (10) temporary residents.

F.

Management. An emergency shelter must adequately comply with the management standards:

1.

There shall be space inside the building so that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.

2.

Security shall be provided on site during hours of operation.

3.

On-site management shall be provided by at least one emergency shelter staff member at all times while residents are present at the shelter.

4.

Emergency shelter lighting shall be consistent with the City of Colfax's adopted building code.

G.

When a Conditional Use Permit is Required. An emergency shelter that does not meet the development and management standards of this section or is located within any other zone shall be required to obtain a conditional use permit.

H.

Conditional Use Permit Conditions of Approval and Findings.

1.

In review of an application for a conditional use permit for an emergency shelter, the approval authority shall review the requirements of this section and may approve reasonable deviations from the requirements of

this section and may approve additional conditions consistent with protecting public health, safety and welfare, provided that such conditions do not render the project infeasible.

2.

Notwithstanding subsection 17.40.070A., and consistent with Government Code Section 65589.5, in approving a conditional use permit the approval authority shall only make the specific finding that the application would not have a specific adverse impact upon the public health or safety.

(Ord. No. 519, 8-8-2012)

17.140.040 - Cessation of operation. ¶

If an emergency shelter ceases operation for a period of six consecutive months, any permit issued

pursuant to this chapter shall automatically lapse and be deemed null and void, unless the permit provides otherwise.

(Ord. No. 519, 8-8-2012)

Chapter 17.144 - FOOD SERVICE FACILITY

17.144.010 - Food service facility.

This chapter establishes the requirements and standards for the location and operation of a food service facility, which is defined as a facility or use where food is served on-site on a not-for-profit basis (see subsection 17.064.070K.2.).

(Ord. No. 519, 8-8-2012)

17.144.020 - Permit required; general requirements. ¶

A.

Permit Required. No person or entity shall operate or maintain a food service facility without first obtaining a permit. An administrative permit will be issued pursuant to this chapter if the standards in this section are met.

B.

Location. The food service facility may be located only in commercial or industrial zones pursuant to Article III.

C.

Distance Separation Requirements. A conditional use permit shall be required of any food service facility to be located within five hundred (500) feet of any preschool, elementary school, middle school, high school, or any zone where food service facilities are not permitted. The food service facility shall be located no closer than one thousand (1,000) feet from any other food distribution or social service facility as defined in subsections 17.64.070K.1. and 17.64.070K.3. of this title, unless the facility is located within the same building or on the same lot.

D.

Occupancy. The food service facility shall serve no more than twelve (12) persons per day, unless such facility has first obtained a conditional use permit.

E.

Development Standards. The food service facility shall comply with the general development standards as set forth under Articles III and IV. The facility shall provide one parking space for every staff person and one parking space for every four seats within the facility.

F.

Business Practices. The food service facility must comply with the following business practices:

1.

All food preparation, service, consumption and related activities shall occur inside the structure and comply with applicable health and safety code requirements.

2.

There shall be adequate waiting space inside the food service facility such that any person waiting for food service is not required to wait on the sidewalk or any other public right-of-way.

3.

Restroom(s) shall be permanent, non-portable, inside the structure and consistent with all applicable requirements of the building and fire standards of Title 16 of this Code.

4.

Trash receptacles and enclosures shall be provided and made secure to the satisfaction of the solid waste division of the environment utilities department.

5.

The facility shall provide lighting sufficient to ensure public safety.

6.

Occupancy standards of the building and fire standards of Title 16 of this code shall be posted and complied with. The facility shall comply with all applicable California Code of Regulations Title 24 requirements.

7.

Food service shall be limited to the hours between six a.m. and nine p.m.

G.

When Conditional Use Permit Required. If a food service facility does not meet the standards as set forth in this section, such facility shall be required to obtain a conditional use permit in accordance with Chapter 17.32. If a food service facility is combined with any other social service facility on the same lot, such facility shall be required to obtain a conditional use permit in accordance with Chapter 17.32.

H.

Conditions of Approval; Findings. In review of an application for a conditional use permit for a food service facility, the planning commission shall review the requirements of this section and may approve reasonable deviations from the requirements of this section and may place additional conditions consistent with protecting the public health, safety, and welfare. The planning commission shall make a specific finding that such deviations and/or additional conditions protect the public health, safety and welfare. The planning commission shall make a specific finding that such deviations and/or additional conditions are consistent with the requirements of all applicable zoning and developmental standards. There shall be no deviations from the requirements of subsection 17.144.020B.

(Ord. No. 519, 8-8-2012)

17.144.030 - Maintenance of food service facility.

Any food service facility shall be maintained in a safe and clean manner and free from refuse or discarded goods.

(Ord. No. 519, 8-8-2012)

17.144.040 - Cessation of operation.

If any food service facility ceases operation for a period of six consecutive months, any permit issued pursuant to this chapter shall automatically lapse and be deemed null and void, unless the permit provides otherwise.

(Ord. No. 519, 8-8-2012)

17.144.050 - Nonconforming food service facility.

A.

A food service facility lawfully in existence prior to the effective date of this chapter may continue to operate as a nonconforming use. Nonconforming uses must still adhere to applicable health and safety regulations.

B.

Closure or cessation of a nonconforming use for a period of six consecutive months shall terminate its legal nonconforming status, and any person or entity who intends to resume operations of the nonconforming use must first obtain a permit as required under this chapter.

Any alteration or expansion of the nonconforming use involving more than ten (10) percent of its floor space shall subject the nonconforming use to the requirements of this chapter and the appropriate permit must be obtained prior to alteration or expansion.

(Ord. No. 519, 8-8-2012)

Chapter 17.148 - FOOD DISTRIBUTION FACILITY

17.148.010 - Food distribution facility. ¶

This chapter establishes the requirements and standards for the location and operation of a food distribution facility, which is defined as a facility or use which distributes food on a not-for-profit basis (see subsection 17.64.070K.1.).

(Ord. No. 519, 8-8-2012)

17.148.020 - Permit required; general requirements.

A.

Permit Required. No person or entity shall operate or maintain a food distribution facility without first obtaining a permit. An administrative permit will be issued pursuant to this chapter if the standards in this section are met.

B.

Location. A food distribution facility may be located only in commercial or industrial zones as set forth under Article III.

C.

Distance Separation Requirements. A conditional use permit shall be required for any food distribution facility located within five hundred (500) feet of any preschool, elementary school, high school, or any zone where food distribution facilities are not permitted. A food distribution facility may be located no closer than one thousand (1,000) feet from any other food service or social service facility as defined in subsection 17.64.070K.2. or 17.64.070K.3. of this title, unless the facility is located within the same building or on the same lot.

D.

Size. A facility which exceeds six hundred (600) square feet shall require a conditional use permit.

E.

Development Standards. The food distribution facility shall comply with the general development standards as set forth under Articles III and IV. The facility shall provide parking one space for every staff person and one parking space for every five hundred (500) square feet of floor area.

F.

Business Practices. The food distribution facility must comply with the following business practices:

1.

All food distribution and related activities shall occur inside the structure.

2.

There shall be adequate waiting space inside the facility such that any person waiting for food distribution is not required to wait on the sidewalk or any other public right-of-way.

3.

Restroom(s) shall be permanent, non-portable, inside the structure and consistent with all applicable requirements of the building and fire standards of Title 16 of this Code.

4.

Trash receptacles and enclosures shall be provided and made secure to the satisfaction of the solid waste division of the environmental utilities department.

5.

The food distribution facility shall provide lighting sufficient to ensure public safety.

6.

Occupancy standards of the building and fire standards of this code shall be posted and complied with. The facility shall comply with all applicable California Code of Regulations Title 24 requirements.

7.

Food distribution shall be limited to the hours between six a.m. to nine p.m.

G.

When Conditional Use Permit Required. A food distribution facility which does not meet the standards set forth in this section, shall be required to obtain a conditional use permit in accordance with Chapter 17.32. Any food distribution facility combined with any other social service facility on the same lot shall be required to obtain a conditional use permit in accordance with Chapter 17.32.

H.

Conditions of Approval; Findings. In review of an application for a conditional use permit for a food distribution facility, the planning commission shall review the requirements of this section and may approve reasonable deviations from the requirements of this section and may place additional conditions consistent with protecting public health, safety and welfare. The planning commission shall make a specific finding that such deviations and/or additional conditions protect the public health, safety and welfare. The planning commission shall make a specific finding that such deviations and/or additional conditions are consistent

with the requirements of all applicable zoning and developmental standards. There shall be no deviations from the requirements of subsection 17.148.020B.

(Ord. No. 519, 8-8-2012)

17.148.030 - Maintenance of food distribution facility. ¶

Any food distribution facility shall be maintained in a safe and clean manner, and free from refuse or discarded goods.

(Ord. No. 519, 8-8-2012)

17.148.040 - Cessation of operation. ¶

If any food distribution facility ceases operation for a period of six consecutive months, any permit issued pursuant to this chapter shall automatically lapse and be deemed null and void, unless the permit provides otherwise.

B.

Any use or activity that affects the character of the surrounding residential neighborhood by generating more noise, odors, vehicles, storage, or traffic than would be normally expected in a residential zone.

(Ord. No. 519, 8-8-2012)

17.152.040 - Permit requirements. ¶

If a home occupation is not in substantial compliance with the performance standards of this chapter, the approval of an administrative permit is required. The operation of a home occupation which requires personal contact with customers at the subject site, or involves regulatory oversight and/or permits, requires approval of an administrative permit pursuant to Chapter 17.32.

(Ord. No. 519, 8-8-2012)

17.152.050 - Performance standards. ¶

A home occupation shall be subject to the following conditions and criteria in addition to the general development standards set forth in Articles III and IV:

A.

All Activities Indoors. All home occupation activities shall occur within the dwelling or accessory structures. No home occupation activity shall occur outside at any time, nor shall any equipment or material relating to the home occupation be parked or stored outside the residence at any time. All functions of the business, except storage and inventory, shall be conducted within the dwelling.

B.

Customers. Personal contact with customers at the residence is prohibited except when authorized by the approval authority through approval of an administrative permit. Home occupations involving private instruction of children under eighteen (18) will require proof of compliance with State Education Code "Safe School Program" requirements satisfactory to the city before obtaining an administrative permit. A maximum of two students, or one student and one authorized adult chaperone, is permitted for home occupations involving private instruction. All functions of the business, except storage and inventory, shall be conducted within the dwelling.

C.

Deliveries. No delivery shall be by vehicles larger than an automobile, pickup, or typical delivery van.

D.

Employees. A home occupation shall be operated by no more than two individuals, both of whom shall be residents of the dwelling. All functions of the business, except storage and inventory, shall be conducted within the dwelling. No other person shall operate, or perform any function of the business at the residence.

E.

Flammable or Hazardous Materials. A home occupation involving the storage of flammable or hazardous materials shall not be allowed unless the fire department approves, in writing, the amount and method of such storage of materials.

F.

Inspection Required. The city may, at all reasonable times during normal business hours, enter the premises for the purpose of inspecting to determine whether or not the conditions of this chapter are being complied with.

G.

Maximum Area. The home occupation shall not require the use of more than 15 percent of the total floor area of the dwelling (including garage and detached accessory buildings). The home occupation shall not result in any addition to, alteration of, or exterior remodeling of, the dwelling, garage or accessory structures.

H.

Merchandise for Sale. The making of merchandise for sale is permitted provided that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup or typical delivery van.

I.

Parking. No home occupation shall result in the elimination of required off-street parking spaces.

J.

Signs. Only one non-illuminated sign at the subject residence advertising the home occupation shall be allowed, except one vehicle used for the home occupation may also display the business name. If the property is zoned residential, the sign shall be no larger than one foot by two feet and shall be placed at the front door. A sign permit is required for any non-vehicle sign.

K.

Vehicles. Not more than one vehicle specifically designated to be used for a home occupation shall be parked at the subject residence at any time. Such allowed vehicle shall not be larger than a standard pickup or delivery van. No commercial vehicles or trailers shall be parked at the residence at any time.

L.

Equipment. No equipment (other than a permitted vehicle) or material relating to a home occupation shall be parked or stored outside the subject residence.

(Ord. No. 519, 8-8-2012)

Chapter 17.156 - LARGE AMUSEMENT COMPLEXES

17.156.010 - Purpose. ¶

The provisions of this chapter are intended to ensure that large amusement complexes as defined in subsection 17.64.090I.7. are located at locations appropriate for the intensity of the use as set forth in Article III.

(Ord. No. 519, 8-8-2012)

17.156.020 - Regulations. ¶

No privately owned large amusement complex shall be located within one thousand (1,000) feet of the boundary of any residential zone, dwelling, church or school. Large amusement complexes must comply with the general development standards set forth in Articles III and IV.

(Ord. No. 519, 8-8-2012)

Chapter 17.160 - LARGE FAMILY DAY CARE

17.160.010 - Purpose. ¶

This chapter establishes requirements and standards for the location and operation of large family day care homes, as defined in subsection 17.64.080G., and are in addition to the location and general development standards set forth in Articles III and IV.

(Ord. No. 519, 8-8-2012)

17.160.020 - General requirements.

A.

Location. A large family day care home shall only be located within a detached single-family dwelling.

B.

Parking. Off-street parking shall be provided as follows:

1.

One space for each employee not residing in the large family day care home dwelling, plus the two spaces required for the occupants of the single-family residence as required in Chapter 17.108 (off-street parking and loading).

2.

Four spaces for the loading and unloading of children. If the property is located in a residential zone, these spaces must be provided on site; however, these spaces may be purchased or leased pursuant to Section 17.108.040D. (purchase or lease of parking spaces). If the property is located in a commercial zone, and off-street parking is available along the street frontage of the large family day care home site, only two of these spaces are required on site.

3.

Not more than three of the spaces required herein, located side by side, shall be permitted within the required front yard setback area. These spaces may be so designed to permit backing onto the adjacent street.

4.

Up to three of the required employee or children loading/unloading on-site parking spaces may be located in tandem behind the required parking spaces for the occupants of the dwelling or for employees. However, in no instance shall such tandem parking result in more than one parking space behind each required occupant or employee parking space.

C.

Noise. It is intended that noise from outdoor play areas be kept to a level consistent with residential neighborhoods. To attain this intent and reduce possible noise impacts, outdoor play/activity areas shall only be used between the hours of six a.m. to eight p.m. Additionally, radio or other electronic amplification devices, if used, shall be play at volumes which are not audible beyond the exterior boundary of the large family day care home site.

D.

Separation. As a means to maintain the integrity of residential neighborhoods, new large family day care homes shall not be located within five hundred (500) feet of an existing state licensed large family day care home or within five hundred (500) feet of any other child day care center licensed to care for fifteen (15) or more children.

(Ord. No. 519, 8-8-2012)

17.160.030 - Application procedures. ¶

An application for an administrative permit shall be filed with the planning department as required in Chapter 17.32. Deviation from the general requirements described in Section 17.160.020 may be approved pursuant to an approval of an administrative permit.

(Ord. No. 519, 8-8-2012)

17.160.040 - Pre-existing large family day care homes.

A.

Those large family day care homes that exist on the effective date of the ordinance codified in this title, and on that date have a valid large family day care home license issued by the state of California, are considered legal nonconforming uses. Such nonconforming use may continue until the renewal date required for state of California licensing of the provider's large family day care home. If the provider does not apply for approval of his or her large family day care home pursuant to this chapter by the date required for state licensing renewal, then the legal nonconforming use shall be deemed to terminate.

B.

In those instances where an application has been filed in a timely manner, and the director finds that numerous conditions must be applied to make the nonconforming large family day care home consistent with this chapter, the director may extend the valid nonconforming use status up to five years. This extension by the director would be granted only as a means to give the applicant adequate time to satisfy the conditions of permit approval. If conditions of approval are not satisfied within the extension period granted by the director, the legal nonconforming use shall terminate.

(Ord. No. 519, 8-8-2012)

Chapter 17.162 - MEDICAL MARIJUANA DISPENSARIES[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 542, § 1(Exh. B), adopted July 8, 2020, repealed the former Ch. 17.162, §§ 17.162.010—17.162.140, and enacted a new Ch. 17.162 as set out herein. The former Ch. 17.162 pertained to cannabis regulations and derived from Ord. No. 534, adopted Oct. 25, 2017; and Ord. No. 535, adopted Feb. 28, 2018.

17.162.010 - Purpose.

The purpose of this chapter, in combination with Chapter 5.32, is to establish a comprehensive, uniform set of regulations applicable to commercial cannabis activity, as defined, within the city to ensure such operation is conducted in a manner consistent with the overall health, welfare and safety of the city and its populace and in compliance with all relevant state law. Nothing in this chapter shall be construed as authorizing or intending to authorize any violation of federal, state or local laws, rules, regulations or ordinances.

The goals of this regulation include all of the following:

A.

To minimize the size of the illegal market for cannabis in the city of Colfax and surrounding areas.

B.

To create jobs, economic growth and tax revenue for the city and its residents.

C.

To enable law enforcement and regulators to have sufficient rights to inspect and audit commercial cannabis activity, as defined, and take expeditious action against persons or entities who violate the requirements of these regulations.

D.

To regulate the operation and location of commercial cannabis activity, as defined, such that public nuisance is minimized.

E.

To minimize social harms which may arise from unregulated cannabis activity.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.020 - Administration. ¶

The city manager, community services director, the city's chief building official, the Placer County sheriff and any employee or individual designated by any of those persons, are authorized to administer and enforce this chapter to ensure compliance.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.030 - Definitions. ¶

As used herein, the following definitions shall govern the construction of this chapter:

"Abatement costs" mean any costs or expenses reasonably related to the abatement of conditions which violate this chapter, and shall include, but not be limited to, enforcement, investigation, attorneys' fees, collection and administrative costs, and the costs associated with removal and/or correction of the violation.

"Accessory structure" means a structure that is accessory to any principal structure and customarily a part thereof, which is clearly incidental and secondary to the principal structure and is significantly smaller in area than the principal structure and does not change the character of the principal structure or principal use of the premises.

"Administrative costs" mean the cost of city staff time, contracted staff time, Placer County sheriff time, other law enforcement time, and fire department time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, travel expenses, laboratory analysis, investigations, telephone contacts and time spent preparing summaries, reports, notices, correspondence, warrants and hearing packets, and the time expended by the code enforcement officer or designee to calculate the above costs and prepare itemized invoices.

"Authorized grower" means any person, including a person with an identification card, primary caregiver, or qualified patient, who is authorized by state law to grow cannabis for personal medical or non-medical use in compliance with local and state laws that authorize such cannabis cultivation.

"Cannabis," "marijuana," "medical cannabis," "medical marijuana," and/or "marijuana products" shall be used interchangeably and 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 cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Health and Safety Code § 11018.5.

"Cannabis plant" means any mature or immature cannabis plant (and/or cannabis plant clone), or any cannabis seedling, unless otherwise specifically provided herein.

"Church" means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

"Code enforcement officer" means any person employed or contracted by the city of Colfax and authorized to administer this chapter or his or her authorized deputies or designees, each of whom is independently authorized to enforce this chapter.

"Commercial cannabis activity" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transporting, delivery or sale of cannabis or cannabis products.

"Cultivation" means any activity involving the planting, growing, trimming, harvesting, drying, curing, grading, processing or storage of one or more cannabis plants or any part thereof in any location, indoor or outdoor, including a fully enclosed and secure structure or accessory structure.

"Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers.

"Fence (solid)" means a barrier constructed of wood or other materials which substantially forms an opaque screen.

"Fence (other than solid)" means a barrier constructed of posts made of wood, metal or any other rigid material connected with wire, fabric, boards or other materials which is intended to demarcate a boundary, separate land uses, secure animals, enclose property, exclude people and animals from a designated area, and the like, and which does not form a substantially visually opaque screen.

"Fully enclosed and secure structure" means a space within a building that has been approved by the city of Colfax and complies with the California Building Code, as adopted by the city of Colfax, or if exempt from the permit requirements of the California Building Code, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof; a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secured against unauthorized entry; and is accessible through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily penetrated or breached, such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical, and Fire Codes as adopted or applied by the city of Colfax. Any detached, fully enclosed and secure structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure except through the ventilation and filtration system. Such structure shall be located in the rear yard area of a legal parcel or premises, maintain the setbacks set forth in the Colfax Municipal Code and the area surrounding the structure or back yard must be enclosed by a solid fence at least six feet in height. When this chapter allows that cultivation of marijuana occur indoors, the harvest of such marijuana shall also be accomplished indoors.

"Harvest" includes but is not limited to the drying, processing, or storage of marijuana which may only occur within a fully enclosed and secure structure or accessory structure.

"Immature cannabis plant" means a cannabis plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

"Indoors" means within a fully enclosed and secure structure or accessory structure capable of containing all parts of the plant.

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of 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 cannabis or cannabis products or labels or re-labels its container.

r" means a person that conducts the production, preparation, propagation, or compounding of 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 cannabis or cannabis products or labels or re-labels its container.

"Manufacturing" means the producing, preparing, propagating, or compounding of 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 cannabis or cannabis products or labels or re-labels its container.

"Mature cannabis plant" means a cannabis plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

"Medical marijuana collective" means qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients who associate by agreement, or form a cooperative within the city in order to collectively or cooperatively cultivate marijuana for medical purposes, as provided in Health and Safety Code § 11362.775. The term collective shall include "cooperative" unless the context clearly indicates otherwise.

"Outdoor" or "outdoors" means any location within the city of Colfax that is not within a fully enclosed and secure structure or accessory structure as defined herein.

"Parcel" means a "legal parcel" as defined herein and a property assigned a separate parcel number by the Placer County assessor.

"Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, cooperative or combination of the above in whatever form or character.

"Premises" means a single, legal parcel of property that includes an occupied legal residence, such as a house, an apartment, a condominium, a mobile home or other similar dwelling, which is a dwelling in compliance with the Colfax Municipal Code and has also met the requirements of this chapter. Where contiguous legal parcels are under common control or ownership, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

"Primary caregiver" shall have the meaning set forth in Health and Safety Code § 11362.7(d), as may be amended.

"Private residence" means a house, a duplex, an apartment unit, a condominium, a townhouse, a mobile home or other similar dwelling or premises.

"Qualified patient" shall have the meaning set forth in Health and Safety Code § 11362.7(f), as may be amended.

"Recommendation" means a written current recommendation signed by a licensed California physician pursuant to Health and Safety Code §§ 11362.5 and 11362.7.

"Residential treatment facility" means a facility provided for treatment of drug and alcohol dependency, including any "sober living facility" run by treatment providers for the benefit of transitional living.

"Retailer" means any facility, location, establishment or similar entity that distributes, delivers, or supplies cannabis for any purpose and shall include but not be limited to a dispensing collective or cooperative.

"School" means an institution of learning for minors, whether public or private, providing instruction in kindergarten or any grades one through twelve (12).

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.040 - Outdoor personal cannabis cultivation.

A.

When authorized by state law, an authorized grower shall be allowed to cultivate cannabis outdoors for personal use only, subject to the regulations in this chapter and elsewhere in the Colfax Municipal Code and the following restrictions:

1.

The regulations of this chapter and the Colfax Municipal Code shall apply to all outdoor personal cultivation of cannabis; and

2.

A maximum of six plants on no more than one hundred (100) square feet in total is allowed for outdoor cultivation of cannabis per parcel with a private residence. Cannabis plants may be cultivated on no more than one hundred (100) square feet in total per parcel with a private residence, regardless of the number of authorized growers, qualified patients or primary caregivers residing in a private residence on the parcel. The total combined outdoor cultivation of cannabis per parcel with a private residence shall not exceed one hundred (100) square feet at any time. For the purposes of this section, the area used to cultivate cannabis shall be measured by the aggregate area of vegetative growth of live cannabis plants on the premises; and

3.

All outdoor personal cultivation of cannabis may only occur on a parcel with the private residence of the authorized grower, and the authorized grower may only cultivate cannabis on one parcel and may not cultivate outdoors if there is any indoor cannabis cultivation occurring on the parcel; and

4.

All outdoor personal cultivation shall be set back by a minimum of ten (10) feet from all parcel property lines; and

5.

All outdoor personal cultivation shall not be closer to an existing private residence on an adjoining property than to the private residence of the authorized grower on the parcel whereon the outdoor cultivation site is located; and

All outdoor personal cultivation shall be screened from all public rights-of-way, private access easements, and exterior property lines of the parcel where the outdoor cultivation takes place to prevent being easily visible to individuals on adjoining parcels or to individuals either passing through or by the subject parcel, and to prevent members of the public from gaining access; and

7.

The use of volatile solvents is prohibited. For purposes of this chapter, "volatile solvent" means volatile organic compounds, including but not limited to: (1) explosive gasses such as butane, propane, xylene, styrene, gasoline, kerosene, O 2 or H 2 ; and (2) dangerous poisons, toxins, or carcinogens, such as methanol, iso-propyl alcohol, methylene chloride, acetone, benzene, toluene, and tri-chloro-ethylene; and

8.

The parcel where the outdoor personal cannabis is cultivated shall not be located within six hundred (600) feet of any school, church, park, library, day care center, or youth center. Such distance shall be measured in a straight line from the fence or other enclosure to the nearest boundary line of the premises upon which the school, church, park, daycare center, or youth center is located; and

9.

The area for the outdoor personal cultivation of cannabis shall not adversely affect the health or safety of the occupants of the parcel or any other property by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, mold, or other impacts, and shall not be maintained so as to constitute a hazard due to use or storage of materials, processes, products or wastes; and

10.

All outdoor personal cultivation shall be in accordance with applicable regulations set forth in the Colfax Municipal Code and any codes incorporated therein; and

11.

All outdoor personal cultivation which exists prior to the enactment of this chapter must be in compliance with applicable regulations set forth in the Colfax Municipal Code and any codes incorporated therein, and the regulations in this chapter.

B.

It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Colfax to cause or allow such parcel to be used for the outdoor personal cultivation of cannabis, unless the person is authorized by state law to grow cannabis, and such authorized grower is complying with the Colfax Municipal Code and any codes incorporated therein, and the regulations in this chapter.

C.

(2) repeated responses to the parcel or residence from enforcement officers; (3) a repeated disruption to the free passage of persons or vehicles in the immediate neighborhood; (4) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; and (5) any other impacts on the neighborhood which are disruptive of normal activity in the area.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.050 - Indoor personal cannabis cultivation.

A.

When authorized by state law, an authorized grower shall be allowed to cultivate cannabis indoors for personal use, subject to the following restrictions:

1.

The regulations of this chapter and the Colfax Municipal Code shall apply to all indoor cultivation of cannabis; and

2.

The indoor personal cultivation of cannabis is on a parcel upon which the private residence of the authorized grower is located. Each authorized grower may use only one private residence for the cultivation of cannabis. If the parcel and private residence are not owned by the authorized grower, the authorized grower must have a legal right to occupy and use the parcel and private residence to cultivate cannabis. The authorized grower shall obtain a written statement from the owner or owners of the parcel and private residence as proof to demonstrate that the owner or owners have acknowledged, consented to and granted permission to the authorized grower for the cultivation of cannabis in an amount in accordance with this chapter. Nothing provided in this chapter requires the owner or owners of the parcel and private residence to consent to and allow the cultivation of cannabis by an authorized grower. Nothing provided in this chapter authorizes the cultivation of cannabis in violation of the rules of a homeowner's association, deed restrictions, or other property conditions and covenants. If there is more than one owner of the parcel and private residence, all owners must have acknowledged, consented to and granted permission to the authorized grower for the cultivation of cannabis in an amount in accordance with this chapter. The written statement shall be dated and signed by the owner or owners of the parcel and private residence. The written statement shall be valid for twelve (12) months from the signing of the written statement. If

ownership of the parcel or private residence changes during the twelve (12) month period after the previous owner or owners had granted permission for the cultivation of cannabis, the authorized grower must obtain, within thirty (30) days of the change of ownership, a new permission statement from the new owner or owners of the parcel and private residence. Upon request by a code enforcement officer, the authorized grower shall provide the written statement from the owner or owners of the parcel and private residence as proof that the owner or owners have acknowledged, consented to and granted permission to the authorized grower for the cultivation of cannabis; and

3.

All indoor personal cultivation of cannabis may only occur inside a private residence that is a fully enclosed and secure structure located on the parcel or inside an accessory structure to a private residence that is a

fully enclosed and secure structure on the parcel. There shall be no indoor personal cannabis cultivation if there is any outdoor personal cannabis cultivation occurring on the parcel at the same time; and

4.

A maximum of six plants on no more than one hundred (100) square feet is allowed for cultivation of cannabis in total per parcel inside a private residence that is a fully enclosed and secure structure or inside an accessory structure to a private residence that is a fully enclosed and secure structure on a parcel. Cannabis plants may be cultivated on no more than one hundred (100) square feet in total per parcel inside a private residence that is a fully enclosed and secure structure or inside an accessory structure to a private residence that is a fully enclosed and secure structure on a parcel, regardless of the number of authorized growers, qualified patients or primary caregivers residing in a private residence on the parcel. The total combined indoor cultivation of cannabis per parcel with a private residence shall not exceed one hundred (100) square feet at any time. For the purposes of this section, the area used to cultivate cannabis shall be measured by the aggregate area of vegetative growth of live cannabis plants on the premises; and

5.

The area used for cultivation complies with applicable California Building, Plumbing, Mechanical, Electrical and Fire Codes, and the parcel has: (1) a permitted permanent water well or connection to a public water source drawing water, (2) does not engage in unlawful or unpermitted surface drawing of water for such cultivation, (3) does not permit illegal discharges of water from the parcel, (4) the parcel where the cultivation of cannabis takes place shall either be connected to a public sewer system or have a city or Placer County inspected and permitted sewage disposal system; and

6.

7.

The personal cultivation of cannabis is concealed/secured so that it is not visible from the exterior of the private residence or accessory structure, the parcel, the public right-of-way, and/or neighboring properties, and is not accessible by underaged occupants or the general public; and

8.

The area for the cultivation of cannabis shall not adversely affect the health or safety of the occupants of the private residence or the parcel or any other property by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, mold, or other impacts, and shall not be maintained to constitute a hazard due to use or storage of materials, processes, products or wastes; and

9.

All indoor personal cultivation is in accordance with applicable regulations set forth in the Colfax Municipal Code and any codes incorporated therein, and the regulations in this chapter; and

10.

All indoor personal cultivation which exists prior to the enactment of this chapter must be in compliance with applicable regulations set forth in the Colfax Municipal Code and any codes incorporated therein, and the regulations in this chapter.

B.

It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Colfax to cause or allow such parcel to be used for the indoor personal cultivation of cannabis, unless the person is authorized by state law to grow cannabis, and such authorized grower is complying with all requirements of this chapter.

C.

A public nuisance may also be deemed to exist, if such activity produces: (1) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) repeated responses to the parcel or residence from enforcement officers; (3) a repeated disruption to the free passage of persons or vehicles in the immediate neighborhood; (4) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; or (5) any other impacts on the neighborhood which are disruptive of normal activity in the area.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.060 - Commercial cannabis activity prohibited.

Commercial cannabis activity, as defined, within the city of Colfax is prohibited except as expressly permitted by this chapter or as otherwise allowed by Colfax Municipal Code Chapter 5.32.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.070 - Permit requirements. ¶

Commercial cannabis activity, as defined, is permitted in the city only as expressly provided by this chapter and Chapter 5.32 as periodically amended.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.080 - Locational limitations. ¶

Commercial cannabis businesses shall be conditionally permitted on appropriately zoned parcels within the city and shall be subject to the following location requirements:

A.

A commercial cannabis business shall not be located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve (12), day care center, or youth center that is in

existence at the time the permit is issued.

B.

A commercial cannabis business shall not be located within the city of Colfax historic core of the historic district overlay (assessor parcel numbers: 006-022-012-000; 006-022-013-000; 006-022-025-000; 006022-026-000; 006-033-021-000; 006-042-005-000; 006-043-002-000 through 006-043-004-000; 006-043006-000; 006-043-007-000; 006-043-013-000; 006-061-007-000; 006-061-018-000; 006-061-019-000; 006-064-002-000; 006-064-004-000; 006-064-008-000 through 006-064-010-000; 006-065-002-000 through 006-065-006-000; 006-066-001-000; 006-066-004-000 through 006-066-007-000; 006-066-009000 through 006-066-014-000; 006-066-016-000 through 006-066-021-000; 006-066-024-000 through 006-066-031-000; 006-067-001-000 through 006-067-011-000; 006-071-002-000 through 006-071-010000; 006-071-ROW-000; 006-072-001-000; 006-072-002-000; 006-091-002-000; 006-091-003-000; 006091-006-000; 006-091-007-000; 006-091-023-000; 006-091-025-000; 006-091-029-000; 006-091-030000; 006-091-032-000; 006-091-042-000; 006-091-044-000; 006-091-045-000; 006-093-021-000; and 006-093-022-000). A map of the core of the historic district overlay is attached and incorporated into the ordinance from which this chapter is derived by reference.

C.

A commercial cannabis business shall not be in a location that requires persons to pass through a business that sells alcohol or tobacco or a private residence to access the licensed premises.

D.

A commercial cannabis business shall not be in a location that that requires persons to pass through the commercial cannabis business to access a business or establishment that sells alcohol or tobacco, or to access a private residence.

E.

Notwithstanding the locational requirements established in subsection A. of this section, the city council shall have the authority, pursuant to Business and Professions Code § 26054(b), to adjust the distances of the buffer zones at their discretion.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.090 - Measure of distance. ¶

All locational requirements set forth in Section 17.162.080 shall be measured from the nearest property line of one designated location to the nearest property line of the other designated location along a straight line extended between the two points without regard to intervening structures.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.100 - Enforcement. ¶

A.

Public Nuisance. Violation of this chapter is hereby declared to be a public nuisance and subject to the enforcement process as set forth herein.

B.

Abatement Authority.

1.

The city of Colfax may, in its discretion, abate the violation of this chapter by prosecution of a civil action, including an action for injunctive relief without first going through the administrative procedures set forth herein. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this chapter or requiring compliance with other terms.

2.

The city may also abate the violation of this chapter through any lawful abatement process established by California law.

C.

Abatement Procedures.

1.

Whenever a code enforcement officer determines that a public nuisance (as defined in this chapter) exists, he or she shall post a seventy-two (72) hour notice to abate on the property where the public nuisance exists, and mail a copy of the same to those persons shown on the latest county tax roll or equivalent registry to be the owners of the property. The seventy-two (72) hour notice to abate shall inform the owner and/or tenants of the basis for the violation, and that an administrative penalty of five hundred dollars ($500.00) per cannabis plant in excess of six plants or five hundred dollars ($500.00) per every twenty-five (25) square feet of cannabis outside the allowed one hundred (100) square feet; explain that if the violation is not corrected, the matter will be set for a nuisance abatement hearing, at which time the administrative penalty will increase to one thousand dollars ($1,000.00) per cannabis plant in excess of six plants or one thousand dollars ($1,000.00) per every twenty-five (25) square feet of cannabis outside the allowed one hundred (100) square feet and explain that to prevent the accrual of additional penalties and costs, the owner or tenant must contact the code enforcement officer and arrange a time for a code enforcement officer to inspect the property, and confirm that the violation(s) have been corrected.

2.

If the nuisance continues to exist after the expiration of the seventy-two (72) hour period, a code enforcement officer may set the matter for hearing by issuing a notice of nuisance abatement hearing. If the matter is set for hearing, the code enforcement officer shall post the property upon which the public nuisance exists and shall mail, with a proof of service, notices to those persons known to be in possession of the property, if any, and to persons shown on the latest county tax roll or equivalent registry to be the owners of the property at least five days prior to the hearing. The administrative penalty shall increase to

one thousand dollars ($1,000.00) per cannabis plant in excess of six plants or one thousand dollars ($1,000.00) per every twenty-five (25) square feet of cannabis outside the allowed one hundred (100) square feet from the date the notice of nuisance abatement hearing is posted on the property.

3.

All hearings conducted under this chapter shall be held before a hearing officer designated by the city.

4.

At the time and place set for the hearing, the hearing officer shall hear testimony and receive written and/or documentary evidence relating to the alleged violation. Additional procedural rules may be adopted by resolution of the city council. The city shall record the hearing, and provide a copy of the recording to the hearing officer following the conclusion of the hearing. The city shall preserve the record of the hearing, and all photographs and demonstrative and documentary evidence at the time of the hearing, for a period of three years.

5.

Within three days after the hearing is closed, the hearing officer shall render his or her written decision relating to the existence or nonexistence of the alleged public nuisance. If a violation is found to have existed at the time the notice of nuisance abatement hearing was posted, the decision shall include a statement that the city is entitled to recover its administrative costs and administrative penalties. If the hearing officer determines that the violation continues to exist, the decision shall also order that the owner of the property, or persons known to be in possession of the property, abate the violation within a reasonable time, not to exceed five days from the date the decision is placed in the mail. A copy of the decision shall be mailed by certified mail, return receipt requested, to the person or persons shown on the last city tax roll or equivalent registry to be the owners of the property which is the subject of the hearing and the occupant of such parcel, if any. All other persons noticed pursuant to this section shall be mailed a copy of the decision by first class mail, postage prepaid. The decision of the hearing officer shall be final and conclusive on the date the decision is deposited in the mail.

6. a.

Notwithstanding any other provisions of this code, if a final decision of the hearing officer finds that a violation exists and the public nuisance is not voluntarily abated within five days of said decision being placed in the mail by the hearing officer, the city may abate the public nuisance by cutting and/or removing all cannabis plants from the property, pursuant to a warrant issued by a court of competent jurisdiction. The owner or owners of the property shall be responsible for paying all of the city's abatement costs and administrative costs, and administrative penalties. The code enforcement officer, or designee, shall keep an accounting of the abatement and administrative costs for each case. Upon completion of the abatement of the nuisance, whether by the city or the owner or tenant, the code enforcement officer, or designee, shall post the property and send a bill to the owner, and any persons known to be in possession of the property, requesting payment of the city's abatement and administrative costs, as well as all administrative penalties.

and administrative costs for each case. Upon completion of the abatement of the nuisance, whether by the city or the owner or tenant, the code enforcement officer, or designee, shall post the property and send a bill to the owner, and any persons known to be in possession of the property, requesting payment of the city's abatement and administrative costs, as well as all administrative penalties.

The bill shall also state that failure to pay the costs and penalties within fifteen (15) days from service of the bill may result in the recording of a lien and the placement of a special assessment against the property.

b.

If the city's costs and penalties are not paid within fifteen (15) days from service of the bill, the code enforcement officer, or designee, shall render an itemized report to the city clerk for submittal to the city council for hearing and consideration regarding the proposed lien and special assessment. The report shall include the names and addresses of the owner of record and any persons known to be in possession of the property, and an itemized account of the city's abatement costs, administrative costs, and administrative penalties. At least fifteen (15) days prior to said hearing, the city clerk shall give notice, with proof of service, of said hearing to all persons named in the code enforcement officer, or designee's, report and shall post the property with a copy of the notice. The notice shall describe the property by assessor's parcel number and street number or other description sufficient to enable identification of the property and contain a statement of the amount of the proposed lien and special assessment. The notice shall also contain a statement that the council will hear and consider objections and protests to the proposed lien and special assessment at the designated time and place.

7.

At the time and place fixed in the notice, the city council shall hear and consider the proposed lien and special assessment together with objections and protests thereto. At the conclusion of the hearing, the city council may make such modifications and revisions to the proposed lien and special assessment costs it deems just and may order that the proposed lien and special assessment be recorded and specially assessed against the property by the Placer County auditor-controller's office. The lien shall have the same force, priority and effect as a judgment lien and the special assessment shall have the same priority as other city taxes.

8.

The notice of lien shall, at a minimum, identify the record owner or possessor of the property, set forth the date upon which the decision of the hearing officer was issued, describe the real property subject to the lien, set forth the amount of the costs and penalties incurred to date and, if applicable, the date upon which the abatement was completed. If the abatement has not yet been completed, the notice shall so state and shall also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future.

9.

A copy of any notice required by this chapter or decisions of either the hearing officer, city council or designee as required by this chapter may be recorded in the office of the county recorder.

a.

Release of Notice. Where a notice has been served as required by this chapter and a hearing body has determined that sufficient grounds do not exist for nuisance abatement, or where the owner of an affected premises has corrected the condition that was the basis for initiation of enforcement action, the official shall record a satisfaction release and removal of notice of nuisance or notice of nuisance abatement.

b.

Payment of Costs Prior to Release. In the event that enforcement costs have been incurred in the investigation/processing of a violation for which a notice is required, the release of such notice shall not be recorded until all such costs have been reimbursed to the city.

c.

Attorney Fees. In any action to foreclose on a lien issued pursuant to this chapter, the city shall be entitled to an award of attorney's fees and costs.

D.

Abatement Costs—Administrative Costs. In any action, administrative proceeding, or special proceeding to abate a nuisance, attorneys' fees may be recovered by the prevailing party. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of attorneys' fees incurred by the city in the action or proceeding.

E.

Summary Abatement. Notwithstanding any other provision of this chapter, when any unlawful cannabis cultivation constitutes an immediate threat to the public health or safety, and where the procedures set forth in subsection C. of this section would not result in abatement of that nuisance within a short enough time period to avoid that threat, the city manager, community services director or designee may direct any officer or employee of the city to summarily abate the nuisance. The code enforcement officer shall make reasonable efforts to notify the persons identified in subsection C.2. of this section but the formal notice and hearing procedures set forth in this chapter shall not apply. The city may nevertheless recover its costs for abating that nuisance in the manner set forth in this chapter.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.110 - Non-exclusive remedy. ¶

This chapter is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances under this chapter or by applicable law.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.120 - Administrative penalties. ¶

It is unlawful and a public nuisance to violate any of the provisions of this chapter and the city shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition to the penalties set forth herein, any person that violates the provisions of this chapter may be subject to administrative remedies, citations and fines, as set forth by city ordinance. Unless otherwise expressly provided, the remedies, procedures and penalties provided by this section are cumulative to each other and to any others available under state law or other city ordinances.

A.

For violation of Section 17.162.040 (Outdoor personal cannabis cultivation), a civil penalty of five hundred dollars ($500.00) per cannabis plant in excess of six plants or five hundred dollars ($500.00) per every twenty-five (25) square feet of cannabis cultivation outside the allowed one hundred (100) square feet; however, if a notice of nuisance abatement hearing is issued, the penalty shall increase to one thousand dollars ($1,000.00) per cannabis plant in excess of six plants and one thousand dollars ($1,000.00) per every twenty-five (25) square feet of cannabis cultivation outside the allowed one hundred (100) square feet.

B.

For violation of Section 17.162.050 (Indoor personal cannabis cultivation), a civil penalty of five hundred dollars ($500.00) per cannabis plant in excess of six plants or five hundred dollars ($500.00) per every twenty-five (25) square feet of cannabis cultivation outside the allowed one hundred (100) square feet; however, if a notice of nuisance abatement hearing is issued, the penalty shall increase to one thousand dollars ($1,000.00) per cannabis plant in excess of six plants or one thousand dollars ($1,000.00) per every twenty-five (25) square feet of cannabis cultivation outside the allowed one hundred (100) square feet.

C.

For violation of Section 17.162.060 (Prohibition of commercial cannabis activity), a civil penalty of one thousand dollars ($1,000.00) per plant for each violation of commercial cannabis cultivation and a civil penalty of five thousand dollars ($5,000.00) per day for all other violations.

D.

At the nuisance abatement hearing, the hearing officer shall determine the total amount of administrative penalties that have accrued at the time of the hearing, and that amount shall be reflected in the decision and awarded to the city. Administrative penalties shall not be awarded if the property owner establishes all of the following: (1) that, at the time he or she acquired the property, a violation of this chapter already existed on the property; (2) the property owner did not have actual or constructive notice of the existence of that violation; and (3) prior to the nuisance abatement hearing, the property owner initiates and pursues, with due diligence, good faith efforts, to meet the requirements of this code. In his or her decision, the hearing officer may compromise the amount of any administrative penalties. When determining whether to compromise any penalty amount, the hearing officer shall take into consideration the nature, circumstances, and gravity of the violation(s), any prior history of violations, the degree of culpability, the financial burden to the person(s) upon whom the penalty has been imposed, the degree to which the proposed compromise will facilitate collection of the penalties without the need for further legal action, and any other matters justice may require. If at the time of the hearing the nuisance has yet to be abated, the decision shall state that the administrative penalties shall continue to accrue as specified in subsections A. through C. of this section until the nuisance is abated. The decision of the hearing officer shall be final and conclusive on the date the decision is deposited in the mail.

Any decision regarding the amount of administrative penalties imposed by a hearing officer pursuant to this chapter may be appealed by any aggrieved person to the city council as follows:

1.

Appeal Subject. Any appeal under this section shall be limited to the amount of administrative penalties imposed by the hearing officer.

2.

Timing and Form of Appeal. An appeal must be filed within ten (10) days from the date the decision was deposited in the mail. Appeals filed more than ten (10) days after the decision was deposited in the mail shall not be accepted for filing. A notice of appeal shall be in writing, shall include a detailed statement of the factual and/or legal grounds upon which the appeal is being taken and shall include a copy of the decision of the hearing officer. The appeal shall be accompanied by the filing fee set by the most current city fee schedule.

3.

Filing and Processing. An appeal shall be filed with the city clerk, who shall process the appeal pursuant to this section, including scheduling the matter before the city council. The city council may designate a subcommittee of two or three members to hear and rule upon any appeal provided for in this section.

4.

Effect of Filing. In the event of an appeal under this section, only the decision as to the amount of the administrative penalties shall be set aside and have no effect until final action by the appeal body pursuant to this section. The appeal shall have no effect on any other factual or legal determination of the hearing officer.

5.

Report and Scheduling of Hearing. When an appeal has been filed under this section, the city manager, or designee, shall prepare a report on the matter and shall schedule the matter for consideration by the city council (or subcommittee so designated) after completion of the report.

6.

This section intentionally omitted.

7.

Action and Findings. After an appeal has been scheduled by the city clerk, the city council (or subcommittee so designated) shall conduct a public hearing. At the hearing, the city council (or subcommittee so designated) shall initiate a discussion limited only to the amount of the administrative penalties imposed by the hearing officer and, in addition, the specific grounds for appeal.

a.

The city council (or subcommittee so designated) may affirm, affirm in part, reverse or reverse in part the decision or determination of the hearing officer as to the amount of the administrative penalties imposed based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this chapter.

b.

A decision by the city council (or sub-committee so designated) under this section shall be final.

8.

Time Limits on Appeals. Upon receipt of an appeal in proper form, the city council (or subcommittee so designated) shall schedule the matter for consideration by the city council. The city council, or a subcommittee thereof, shall commence a public hearing on the appeal within ninety (90) days of its proper filing, or within such other time period as may be mutually agreed upon by the appellant, in writing, and the appeal body, in writing. If the public hearing is not commenced within ninety (90) days, or an alternative time period is not agreed upon by the appellant and the appeal body, the decision rendered by the hearing officer shall be deemed affirmed. Once commenced, a public hearing on an appeal may be continued from time to time for good cause.

9.

Withdrawal of Appeal—Hearing Decisions. After an appeal of a decision has been filed, an appeal shall not be withdrawn except with the consent of the appropriate hearing body.

F.

All money and assets collected in payment for penalties for violations of this chapter and all money and assets collected for recovery of costs of enforcement of this chapter shall be used to offset the cost of enforcement of this chapter.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.130 - Criminal penalty provisions.

A.

Violation of any provision of this chapter is a misdemeanor unless: (1) the city attorney authorizes issuance of an infraction citation or files, or authorizes the filing of, a complaint charging the offense as an infraction; or (2) a court with jurisdiction over the matter, upon recommendation of the city attorney, determines that the offense should be prosecuted as an infraction.

B.

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes any violation thereof, and shall be penalized accordingly.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

17.162.140 - No duty to enforce. ¶

Nothing in this chapter shall be construed as imposing on any code enforcement officer or the city of Colfax any duty to issue a notice to abate, nor to abate any violations of this chapter and neither the code enforcement officer, nor the city, shall be held liable for failure to issue an order to abate any violation of this chapter.

(Ord. No. 542, § 1(Exh. B), 7-8-2020)

Chapter 17.163 - MINERAL EXTRACTION AND PROCESSING

17.163.010 - Purpose. ¶

This chapter establishes standards for mineral extraction and processing uses where permitted within any zone district. It is the intent of this chapter to minimize the adverse impacts of these types of uses on residences, neighborhoods and surrounding development by regulating such uses.

(Ord. No. 519, 8-8-2012)

17.163.020 - Permit requirements. ¶

Mineral extraction and processing uses are permitted as identified in Article III.

(Ord. No. 519, 8-8-2012)

17.163.030 - General standards.

The following requirements apply to mineral extraction and processing uses where permitted within any zone district and are in addition to the general development standards set forth in Articles III and IV:

A.

Any quarry existing and operating as such on or after August 24, 1967, shall be required to have a conditional use permit and shall conform with the provisions of this chapter.

B.

The conditions under which the conditional use permit may be issued may include, but shall not be limited to:

1.

Any condition found necessary for the protection of the public health, safety, comfort, convenience or general welfare, including the requirement for insurance against liability arising from activities incidental thereto;

2.

The designation of the areas in which work may be done;

The designation of the slopes to which excavations may be made and the grades of fill slopes;

4.

Provisions for controlling noise and dust;

5.

The hours during which operations may proceed;

6.

Precautions to guide safe traffic movements by vehicles in and around such operations;

7.

Buffer strips and fencing of exterior boundaries of the property;

8.

The posting of bonds to ensure compliance with such permit; and

9.

Other conditions deemed necessary by the approval authority, including any conditions recommended by the city engineer which are necessitated by or based upon standard engineering practices.

C.

Mineral extraction and processing uses must comply with the performance standards set forth in Chapter 17.120 (performance standards).

D.

The city engineer shall make such inspections as he or she deems necessary or as are required by the approval authority to ensure that all work is conducted in accordance with the conditional use permit. The actual cost to the city of all inspection services shall be paid for by the applicant.

(Ord. No. 519, 8-8-2012)

Chapter 17.164 - NIGHTCLUBS

17.164.010 - Purpose. ¶

This chapter establishes standards for the location of nightclubs where permitted within any zone district. It is the intent of this chapter to minimize the adverse impacts of nightclubs on residences, neighborhoods and surrounding development by regulating the location of such uses.

(Ord. No. 519, 8-8-2012)

17.164.020 - Permit requirements.

Nightclubs are permitted as identified in Article III.

(Ord. No. 519, 8-8-2012)

17.164.030 - General standards. ¶

The following requirement applies to nightclubs where permitted within any zone district and is in addition to the general development standards set forth in Articles III and IV:

A.

Nightclubs are prohibited to be located within one thousand (1,000) feet of a residential zone district as measured from the residential zone district boundary to the structure where the nightclub use is proposed.

(Ord. No. 519, 8-8-2012)

17.164.040 - Public notice. ¶

In addition to the notification procedure in Section 17.40.020, notice of a permit application for a nightclub shall be provided to all property owners within one thousand (1,000) feet of the use.

(Ord. No. 519, 8-8-2012)

Chapter 17.168 - OPEN-AIR VENDING FACILITIES

17.168.010 - Purpose. ¶

The purpose of this chapter is to regulate open air vending facilities selling prepared food, fresh cut flowers or plants, or any other use determined by the planning director to be consistent with this type of sales from a stand or non-motorized non-stationary cart or pushcart. The following regulations shall apply to the operation of open air vendors where allowed by Article III in the applicable zone. This chapter does not apply to weekend fundraising events (such as schools/charities) which are allowed pursuant to Chapter 17.204 (temporary uses).

(Ord. No. 519, 8-8-2012)

17.168.020 - Permits required. ¶

A.

Open air vending facilities may be permitted on commercial or industrial zoned private property and specific locations on said property subject to the approval of an administrative permit by the director, pursuant to Chapter 17.32.

1.

Exemptions. Open air vending facilities located within enclosed retail buildings, shopping centers, malls, office buildings and industrial buildings are exempt from the regulations and requirements of this chapter.

B.

The operation of an open air vending facility within the public right-of-way shall require the approval of a conditional use permit pursuant to Chapter 17.32 of this title.

(Ord. No. 519, 8-8-2012)

17.168.030 - Development standards. ¶

An open air vending facility shall comply with the following development standards, which are in addition to the general development standards set forth in Articles III and IV:

A.

The use shall be on improved private property unless an administrative permit, pursuant to subsection 17.32.010A., is approved (improved private property shall be defined as a property which has a paved legal access and adequate hardscaping to accommodate an open air vending facility);

B.

The use shall not be within two hundred (200) feet of another open air vending facility;

C.

The use shall not be within fifteen (15) feet of any fire hydrant;

D.

The use shall not occupy required off-street parking spaces or required landscape areas, and shall not be located on a pedestrian path/sidewalk that is less than ten (10) feet in width. A minimum of a six-foot path of travel shall be maintained around the facility;

E.

The use shall not be located within any required landscaping setback adjacent to a public street;

F.

The use shall not exceed more than five hundred (500) square feet in area;

G.

At an intersection, the use shall be located outside of a thirty-foot by thirty-foot commercial clear vision triangle (Chapter 17.12, definitions);

H.

The use shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance;

The area on which the open air vending facility is located shall be kept free of debris;

J.

The use shall not reflect undesirable light and glare from the designated premises;

K.

The use shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of an open air vending facility;

L.

The open air vending facility shall not be greater than ten (10) feet in height;

M.

Signage shall not exceed a total of thirty (30) square feet on a maximum of two signs, both of which are required to be attached to the pushcart;

N.

Sale of product shall be from the approved open air vending facility and not from additional accessory stands, tables, chairs, or other devices other than those indicated on the approved application;

O.

The use shall be located on a generally level portion of the site and an adequate braking system be provided for, as necessary;

P.

The use shall not be closer than twelve (12) feet from the outer edge of any entrance to any building; and

Q.

Storage and handling of food shall comply with all applicable county and state requirements.

R.

Subject to compliance with all applicable county and state requirements for the storage and handling of food, a vendor may sell any type of food, be it prepared, cooked on-site or fresh.

S.

The use shall comply with California Code of Regulations Title 24.

(Ord. No. 519, 8-8-2012)

17.168.040 - Findings for approval. ¶

The approval or conditional approval of an administrative permit for an open air vending facility shall be based on a finding by the planning director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

(Ord. No. 519, 8-8-2012)

17.168.050 - Appeal procedure. ¶

Appeal of the decision of the planning director shall be made in accordance with the procedures specified in Chapter 17.44 of this title.

(Ord. No. 519, 8-8-2012)

17.168.060 - Lapse of permit. ¶

A permit issued pursuant to this chapter shall lapse and be of no further force and effect in the event the open air vending facility fails to be operated either for a period of sixty (60) consecutive days between May 1 and September 30 of any year or for a period of ninety (90) consecutive days between October 1 of one year and April 30 of the next year. Prior to conducting any further activities including upon lapse, a new permit shall be obtained.

(Ord. No. 519, 8-8-2012)

17.168.070 - Display of permit.

The approved permit shall be prominently displayed at all times at the approved location.

(Ord. No. 519, 8-8-2012)

Chapter 17.172 - OUTDOOR RESTAURANT SEATING

17.172.010 - Purpose. ¶

The purpose of this chapter is to establish standards for the placement of outdoor seating in association with restaurant uses.

This chapter provides requirements and standards for the operation and design of self-service storage facilities as defined and permitted by Article III of this title.

(Ord. No. 519, 8-8-2012)

17.176.020 - Limitations on use. ¶

The following uses or activities are prohibited in self-service storage facilities:

A.

Automotive repair which includes, but is not limited to, auto body and paint shop facilities.

B.

Wood, metal or other working shops whether for business or as a hobby.

C.

Office and other business uses, except the office for the facility and the storage of personal belongings.

D.

Living quarters for human habitation or the keeping of animal life, except caretakers/managers quarters.

E.

Storage of hazardous materials as listed in Title 8, California Code of Regulations, Section 5194 as amended, or its successor section or statute.

1.

Rental agreements shall contain language prohibiting the storage of hazardous materials as outlined above.

2.

The operator of the facility shall maintain a copy of said section and ensure compliance with these regulations.

F.

Sewer, water or electrical services to any of the storage units except electrical services needed for lighting purposes.

(Ord. No. 519, 8-8-2012)

17.176.030 - Special hours of operation. ¶

When adjacent to residential land uses hours of operations shall not allow opening before seven a.m. (Monday through Friday and eight a.m. (Saturday, Sunday and holidays), nor close any later than seven p.m. (Monday through Friday) and eight p.m. (Saturday, Sunday and holidays).

(Ord. No. 519, 8-8-2012)

17.176.040 - Design standards. ¶

In approving the design review permit for a self-service storage facility, the following criteria may be applied at the discretion of the approval authority to protect public health, safety and welfare and to ensure design compatibility, and are in addition to the general development standards set forth in Articles III and IV.

A.

Architecture. The facility, including the caretakers/managers residence, the storage units and the office shall be designed using roof and building materials and colors compatible with adjacent developments.

B.

Site Design. To minimize visual impact on the adjacent residences, self-service storage facilities shall be designed to:

1.

Locate the project entry/exit as far as possible from the residential land use.

2.

Locate the caretakers/managers residence and office as close as possible to the project entrance.

3.

Setback the outdoor storage of materials a minimum of twenty (20) feet from the property lines adjacent to residential land uses.

4.

Setback all self-service storage buildings over one story in height a minimum of thirty (30) feet from the property lines adjacent to residential land uses.

C.

Security. In addition to the requirements of the building security ordinance, to ensure security when selfservice storage facilities are adjacent to residential land uses the police department may require security

Chapter 17.184 - RECYCLING COLLECTION CENTERS

17.184.010 - Purpose. ¶

The following regulations shall apply to the operation of a recycling collection center permitted as an accessory use pursuant to subsection 17.96.020E.7.

(Ord. No. 519, 8-8-2012)

17.184.020 - Permit required. ¶

An administrative permit shall be obtained for the operation of a recycling collection center, except for:

A.

Reverse vending machines; and

B.

Mobile recycling units, such as trucks and trailers, if not located on a given parcel, in a recognized shopping center, or on the property of a single business entity, for more than two days in any calendar month.

(Ord. No. 519, 8-8-2012)

17.184.030 - Operation and maintenance. ¶

An approved recycling collection center shall comply with the following regulations, which are in addition to the general development standards set forth in Articles III and IV:

A.

Receptacles shall not obstruct any required parking spaces or disrupt either automobile or pedestrian traffic to or within the site. Receptacle(s) shall be located so as not to be detrimental to the appearance of the neighborhood or so as to create a public or private nuisance.

B.

Collection receptacles shall be kept clean, well maintained, neatly painted, and in good operating condition.

C.

Each collection receptacle shall be clearly marked with the name of the organization doing the collection, the recycling business sponsoring or collecting the materials, and the local telephone numbers of each.

D.

Collection receptacles shall be emptied on a regular basis, but not less than once every two weeks. In no event shall material be allowed to overflow the containers. External stacking or collection of materials outside of the collection receptacles is prohibited.

E.

Any litter or spillage shall be immediately removed and cleaned.

F.

Upon termination of a collection campaign or program, receptacles shall be removed and the site restored to its original condition within forty-eight (48) hours.

(Ord. No. 519, 8-8-2012)

17.184.040 - Scavenging prohibited. ¶

It is unlawful for any person to scavenge in or remove materials from any collection receptacle at a recycling collection center without prior authorization from the organization conducting the collection.

(Ord. No. 519, 8-8-2012)

Chapter 17.188 - RELOCATION OF DWELLINGS (SINGLE- OR TWO-FAMILY)

17.188.010 - Purpose. ¶

The purpose of this chapter is to provide the requirements and standards for relocation of a single-family or two-family dwelling.

(Ord. No. 519, 8-8-2012)

17.188.020 - Permits required. ¶

An administrative permit (AP) is required for the relocation of a single-family or two-family dwelling.

(Ord. No. 519, 8-8-2012)

17.188.030 - General requirements. ¶

The relocation of a dwelling shall be subject to the following requirements, which are in addition to the general development standards set forth in Articles III and IV:

A.

The dwelling shall be compatible with the existing neighborhood in terms of height, form, and materials.

B.

Parking shall be provided in conformance with Chapter 17.108 (off-street parking and loading).

The applicant shall obtain a moving permit from the building department prior to transporting the structure within the city limits of Colfax.

D.

The applicant shall obtain an encroachment permit from the public works department if any work is needed to be performed within the public right-of-way.

E.

Public facilities which may be damaged during the course of construction shall be repaired by the applicant/property owner.

F.

The dwelling shall be placed on a permanent foundation within one hundred twenty (120) days of the date of relocation to the site, unless the permit specifically allows for a different time period for such action.

G.

The dwelling shall comply with all applicable building and fire codes.

H.

(Ord. No. 519, 8-8-2012)

17.192.030 - Required information. ¶

The applicant shall provide the following information:

A.

A completed city application indicating, among other things, the applicant's name, address and telephone;

B.

Address of the property for which the request is being made;

C.

The current actual use of the property;

D.

The zoning code provision, regulation or policy from which reasonable accommodation is being requested;

E.

The basis for the claim that the person(s) for whom reasonable accommodation is sought is [are] considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

F.

Such other relevant information as may be requested by the planning director or his or her designee.

(Ord. No. 519, 8-8-2012)

17.192.040 - Approval authority. ¶

Notwithstanding any other provision of this title, the planning director shall have the authority to consider and take action on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the planning department, it will be referred to the planning director for review and consideration as a ministerial action unless determined otherwise by the planning director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the city's setbacks or design standards. Typical improvements considered to be "ministerial" in nature would include ramps, walls, handrails or other physical improvements necessary to accommodate a person's disability. The planning director shall issue a written determination of his or her action within thirty (30) days of the date of receipt of a completed application and may:

A.

Grant or deny the accommodation request; or

B.

Grant the accommodation request subject to specified nondiscriminatory condition(s); or

C.

Forward the request to the planning commission for consideration as an administrative permit as prescribed in Section 17.32.010 and subject to the findings stated in Section 17.192.060.

In the event the planning director determines that the request for reasonable accommodation(s) is nonministerial in nature, such request shall be forwarded to the planning commission in accordance with Chapter 17.32 and shall be subject to the findings stated in Section 17.192.060.

All written determinations of actions of the planning director shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

If necessary to reach a determination or action on the request for reasonable accommodation, the planning director may request further information from the applicant consistent with the planning department's specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

(Ord. No. 519, 8-8-2012)

17.192.050 - Group homes.

17.196.020 - Definitions. ¶

As used in this section "Accessory dwelling unit" (ADU) and "junior accessory dwelling unit" (JADU) have the same meanings as defined in Government Code Sections 65852.2 and 65852.22, respectively, as they now exist or may hereafter be amended or replaced.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.196.030 - Application for accessory dwelling unit permit.

A.

Accessory dwelling units are permitted in all zones within the City where single-family or multi-family residential units are permitted, subject to the owner first obtaining an accessory dwelling unit permit from City staff. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections 17.196.040 and 17.196.050 or is the type of accessory dwelling unit described in Section 17.196.060, shall be approved ministerially by the city planner by applying the standards herein and without a public hearing.

B.

An application for an accessory dwelling unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city planner on a city-approved application form and subject to

the established fee.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.196.040 - Development standards and requirements. ¶

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A.

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a single-family or multi-family residence as an existing or proposed primary unit on a lot.

B.

Number of accessory dwelling units per lot.

1.

1.

City/public utilities.

a.

All accessory dwelling units must be connected to public utilities, including water, electric, and sewer services.

Except as provided in subsection c below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values.

c.

No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

d.

Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units shall not be considered a new residential use unless the accessory dwelling unit was constructed with a new single-family dwelling.

2.

Impact Fees.

a.

For accessory dwelling units of seven hundred fifty (750) square feet or larger, all impact fees applicable to accessory dwelling unit's construction shall be paid to the city in amounts proportional to the size of the accessory dwelling unit relative to the square footage of the primary dwelling unit.

b.

For accessory dwelling units less than seven hundred fifty (750) square feet or smaller, no impact fees shall be charged, unless otherwise allowed by state law.

c.

For purposes of this subsection, "impact fee" has the same meaning as specified in Government Code section 66000(b) and includes in-lieu park fees as specified in Government Code section 66477.

3.

Application Fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the city council.

F.

Parking.

1.

One on-site parking space shall be provided per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:

Tandem parking on an existing driveway; or

b.

Within a setback area or as tandem parking in locations determined feasible by the city for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city.

2.

No parking shall be required for a studio accessory dwelling unit that does not have a separate bedroom.

3.

Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or an accessory structure;

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e.

Where there is a car share vehicle located within one block of the accessory dwelling unit.

4.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

G.

Deed Restriction: Except as allowed under the limited circumstances described in Government Code section 65852.26, an accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence. Prior to the issuance of a building

permit for an accessory dwelling unit, the owner shall record with the county recorder a deed restriction in a form approved by the city that includes a prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence.

H.

Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this ordinance. If so, a new, larger primary residence may be constructed.

I.

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

1.

The materials, colors, and architecture shall be similar to and compatible with those of the primary unit.

2.

Accessory dwelling units shall comply with the height limitations of section 17.196.040(C)(2).

3.

Accessory dwelling unit entrances shall be separate from the main entrance to the proposed or existing single-family residence.

4.

Lighting shall not spill on to neighboring lots.

J.

Accessibility standards. New construction of any ground level accessory dwelling unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

K.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

L.

For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

Any ADU taking advantage of reduced setbacks pursuant to Section 17.196.050 shall not have doors or windows within such setback unless required to meet health and safety requirements.

N.

Accessory dwelling units approved under this Section 17.196.040 shall not be rented for a term of less than thirty (30) days.

O.

Setback requirements.

1.

No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

2.

For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines and they must comply with all other applicable front yard setbacks.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.196.050 - Accessory dwelling units—Permitted regardless of compliance with other development standards and regulations.

A.

Accessory dwelling unit permits shall be approved for the following types of accessory dwelling units, regardless of whether the application meets the development standards contained in this Title 17.

1.

For lots with single-family dwellings:

a.

One interior accessory dwelling unit per lot constructed within an existing or proposed single-family or accessory structure, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety;

b.

One new, detached accessory dwelling unit with a minimum four-foot side and rear setbacks, up to eight hundred (800) square feet and no more than sixteen (16) feet high on a lot with an existing or proposed single-family dwelling; and

c.

A junior accessory dwelling unit built within an existing or proposed single-family dwelling, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing single-family structure to accommodate ingress and egress. The accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. A junior accessory dwelling unit must also comply with the requirements of section 17.196.070 below.

2.

For lots with existing multifamily dwellings:

a.

Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five (25) percent of the current

number of units of the multi-family complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area; and

b.

Up to two of either of the follow types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided they do not exceed eight hundred (800) square feet in floor area, are no taller than sixteen (16) feet, and they have at least four feet of side and rear yard setbacks.

B.

Accessory dwelling units approved under this Section 17.196.050 shall not be rented for a term of less than thirty (30) days.

C.

Accessory dwelling units or junior accessory dwelling units approved under this Section 17.196.050 shall not be required to correct legal nonconforming zoning conditions.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.196.060 - General plan. ¶

In adopting this section, the city recognizes that the approval of second residential units may, in some instances, result in dwelling unit densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to accessory dwelling units and that the adoption of these sections furthers the goals, objectives and policies of the general plan housing element.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

17.196.070 - Junior accessory dwelling units.

A.

Purposes: This section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed singlefamily residence and requires owner occupancy in the single-family residence where the unit is located.

B.

Size: A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size.

C.

Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D.

Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E.

Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than thirty (30) days.

F.

Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling.

G.

Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter, cooking appliances, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

Parking: No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I.

Fire Protection; Utility Service: For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction

with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

J.

Deed Restriction: Except as allowed under the limited circumstances described in Government Code section 65852.26, prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record with the county recorder a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (C) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.