Colusa County Zoning Code

Colusa County, California

APPENDIX A. - ZONING.[1]

Source: library.municode.com (print export)

APPENDIX A. - ZONING.[[1]]

Editor's note.—This Appendix consists of Ordinance No. 403, the Zoning Ordinance of the city, as amended. Except for the use of a uniform system of capitalization, the addition of a frontal analysis and the addition of catchlines where necessary, Ordinance No. 403 is set out herein as enacted. Amendments are indicated by historical citations following the affected sections.

(Reserved for Future Use)

(Reserved for Future Use)

Footnotes:

--- ( 1 ) ---

1. As to subdivision of land, see ch. 17 of this Code. As to use of trailers as living quarters, see § 18-2.

Article 1. - Findings and Adoption of Zoning (District) Plan.

Sec. 1.01. - Findings.

The City of Colusa hereby makes the following findings:

(a)

Chapter 4, Title 7, commencing with Section 65800, of the California Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities as well as for the implementation of the general plan in effect in any such county or city. Said chapter requires county or city zoning ordinances to be consistent with the general plan. A zoning ordinance shall be consistent with a general plan only if a general plan has been adopted and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such a plan. In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.

(b)

The city council adopted the 1989 City of Colusa General Plan by Resolution #94-22 including all mandatory elements on October 4, 1994.

(c)

City of Colusa Ordinance No. 191, the Zoning Ordinance, adopted in 1966, has been amended in certain of its details from time to time but it has never been substantially revised despite changes made by the 1994 General Plan, despite developments in the fields of planning, zoning and land use regulation, and, despite changes in the economy, population, and land use patterns in the City of Colusa.

(d)

Accordingly, the city's Zoning Ordinance should be revised substantially to bring it into conformity with the city's General Plan, to reflect beneficial developments in the field of land use planning and planning law, and to accommodate changes brought about by recent developments in the city.

(e)

Further, this city council deems it necessary, for the purpose of promoting the health, safety and general welfare of the city to revise the existing zoning ordinance, and in conjunction therewith to revise as necessary the number, shape and area of zoning districts into which the incorporated areas of the city are divided, and to revise the regulations pertaining to such zoning districts in accordance with the adopted City of Colusa General Plan and the objectives contained therein.

There is hereby adopted a Zoning Ordinance for the City of Colusa, as provided by Section 65000 et seq. of the Government Code of the State of California. This ordinance constitutes a precise plan for the use of land in conformity with the adopted City of Colusa General Plan.

Sec. 1.03. - Short title.

This ordinance shall be known and cited as the "Zoning Ordinance of the City of Colusa." In any administrative action taken by any public official under the authority set forth in the ordinance the use of the term "zoning ordinance," unless further modified shall also refer to and mean this ordinance.

The plan is adopted to provide reasonable protective regulations designed to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare, and:

(a)

To protect the established character and the social and economic stability of agricultural, residential, commercial, industrial and other types of improved areas, and:

(b)

To assist in providing a definite comprehensive plan for sound and orderly development, and to guide and regulate such development in accordance with the General Plan and the objectives and standards set forth therein.

Sec. 1.05. - Effect of the plan.

The Zoning Plan consists of the establishment of various districts within same, all of which shall it be lawful, and within same, all or none of which it shall be unlawful to erect, construct, alter, move, locate or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or buildings; within which the heights and bulk of future buildings, shall be limited; within which certain open spaces shall be required about future buildings and consisting further of appropriate additional regulations to be enforced in such districts, all as set forth in this ordinance.

Sec. 1.06. - Application.

The Zoning Plan is intended to apply to all private, public, quasi-public, institutional, and public utility properties and all other lands, buildings and structures within the incorporated area of the City of Colusa.

Article 2. - Designation of Districts.

Sec. 2.01. - Zoning districts.

The several classes of general districts hereby established and into which the city is or may be divided are designated as follows:

(Ord. No. 509, § 2, 10-20-2015)

In any general zoning district which is combined with one of the following special combining districts, the regulations of said combining district shall apply in addition to those hereinbefore specified for such zoning district:

(Ord. No. 505, § 32, 10-21-2014; Ord. No. 519, § 3, 7-18-2017)

Article 3. - Establishment of Districts.

Sec. 3.01. - Adoption of zoning map.

The classes of districts and certain combinations thereof as designated in Article 2, and the regulations pertaining thereto are hereby applied to the land areas of the city, as delineated on the "Zoning Map of the City of Colusa," attached hereto and made a part of this ordinance and the land areas designated thereon shall be subject to the provisions and regulations of this ordinance. Said Zoning Map, together with all notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and information set forth by said map were all fully described herein.

Sec. 3.02. - Interpretation of zone boundaries.

Where uncertainty exists as to the boundaries of any of the aforesaid districts on the Zoning Map, the following rules shall apply:

(a)

Lands not included within the boundaries of any districts on the Zoning Map shall constitute R-1 Districts, and lands hereafter annexed to the city shall constitute R-1 Districts unless or until classified otherwise by interim ordinance or by amendment of the Zoning Map.

(b)

Where district boundaries are indicated as approximately following street and alley lines, such street and alley lines shall be construed to be such boundaries.

(c)

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(d)

In case further uncertainly exists, the planning director, upon written application, or upon his/her initiative, shall determine the location of such boundaries.

Sec. 3.03. - Amendments to zoning map.

Amendments to the City of Colusa Zoning Map referred to in this article shall be consecutively numbered subsections hereof.

Article 4. - Definitions.[[2]]

Interpretation:

Unless the context otherwise requires, the definitions set forth or otherwise provided for in this article shall be used in the interpretation and construction of this ordinance. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure", and the word "used" includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used, and the word "shall" is mandatory and not directory.

Governmental Units:

"City" means the City of Colusa, "city council" means the city council of the City of Colusa, "planning commission" means the city planning commission, "administrator" or "director" means the director of the City of Colusa planning department.

Definitions:

A list of definitions, entitled "Definitions of the Zoning Ordinance of the City of Colusa," shall be used in the interpretation and construction of this ordinance. Unless the context requires otherwise, the definitions in this section shall govern the construction of the provisions of this title.

A.

Definitions, "A."

Abandonment. The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

Abut. To physically touch or border upon; or to share a common property line. For example, two adjoining lots with a common property line are considered to be abutting.

Access way. The place, means or way by which pedestrians and vehicles have safe, adequate and usable ingress and egress to a property or use as required by this title.

Accessory buildings and structures. Buildings and structures that are incidental or subordinate to the main or principal building on the same lot, including swimming pools, tennis and other sport courts, playground equipment, spas and hot tubs, gazebos, workshops, studios, greenhouses, carports, garages, and similar structures. Includes home satellite dish antennas of 18 inches or less in diameter and other receiving antennas for TV and radio broadcasts.

Accessory use. A use of building incidental or subordinate to the principal use or building on the same lot.

Adjusted gross floor area. When used to calculate off-street parking, gross floor area less the aggregate area devoted to indivisible public access ways (such as corridors, elevators and foyers) and other similar such uses which do not, as a practical matter, result in higher building occupancy.

Adult businesses. As defined within Section 27.02 of this Code.

Agriculture, commercial production. The use of land for the raising of crops, trees, or animals, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses thereto; provided, however, the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. As used in this definition, "accessory use" means supply, service, storage, and processing areas and facilities for any other agricultural land. Stockyards, slaughterhouses, fertilizer works, or plants for the reduction of animal matter are excluded from this definition.

Alcoholic beverage establishment. Any establishment which sells, offers, or dispenses any alcohol, and/or any establishment which has applied for or intends to apply for, or which has obtained, a liquor license from the California Department of Alcoholic Beverage Control (ABC) for the sale of alcohol. This definition shall not include uses wherein the sale, offer, or dispensing of alcohol is incidental to the conduct of a permitted use.

Alley. A public or permanent private way or lane less than forty feet in width that affords a secondary means of access to abutting property.

Amusement center, indoor. An establishment providing recreation activities in a completely enclosed building. Accessory uses may include the preparation and serving of food or the sale of equipment related to the activities. Included in this definition are bowling alleys, roller-skating or ice-skating rinks, billiards and pool halls, card rooms, and similar amusements.

Amusement center, outdoor. Land or premises used for any combination of outdoor amusement uses, including paintball facilities, outdoor archery, miniature golf, bumper boats, batting cages, go-karts,

skateboarding, BMX facilities, golf driving ranges not associated with a golf course, and similar uses.

Animal raising, domestic. The keeping of any animals within the standards established in this ordinance for domestic animal raising including but not limited to household pets, club project animals, apiaries, aviaries, fowl, rabbits, or hoofed animals.

Apartment house. Any building or portion thereof which is designed and built for occupancy by three or more families.

Assisted living facility for the elderly. A residential facility, licensed by the State Department of Social Services, which provides care for seven or more elderly persons having limited ability for self-care, and where medical care is not a major element of the use. Services provided may include assistance with housework, meals, laundry, taking of medication, money management, transportation, bathing, grooming, dressing, and related tasks.

sidential facility, licensed by the State Department of Social Services, which provides care for seven or more elderly persons having limited ability for self-care, and where medical care is not a major element of the use. Services provided may include assistance with housework, meals, laundry, taking of medication, money management, transportation, bathing, grooming, dressing, and related tasks.

Automated teller machine (ATM). A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with these regulations. ATMs for use by patrons in vehicles are included under the definition of "drive-in and drive-through services."

Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

B.

Definitions, "B."

Basement. A space partly or wholly underground, and having more than one-half its height, measured from its floor to its finished floor level directly above a basement that is more than six feet above grade, at any point, such basement shall be considered a story.

Bed and breakfast. A structure with one or more managers in permanent residence and from one to eight guest rooms without individual cooking facilities rented for overnight lodging, and serving at least one meal per day. Hotels and motels are excluded from this definition.

Billboard. Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all.

Boarding house. A dwelling where lodging is provided for compensation to four or more persons living independently from each other. Meals may be included. "Boarding house" does not include a residential care facility.

Building. Any structure having a roof supported by columns and or walls and intended for the housing or shelter of any persons, animal or chattel.

Building coverage. The land area covered by all buildings on a lot, including all projections except eaves.

Building height. The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge or parapet wall.

Building, main. A building within which is conducted the principal use permitted on the lot, as provided by this title.

Building material stores. Primarily indoor retail establishments selling 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 stores, general merchandise"). Includes selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution."

Building site. A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road or highway.

C.

Definitions, "C."

Cannabis business special use permit. A special use permit issued, submitted directly to, and issued by, the city council after a public hearing.

Cannabis Manufacturing or Cannabis manufacturing operation. All aspects of the extraction process, infusion process, post-processing, remediation, and packaging and labeling processes, including processing, preparing, holding, and storing of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

Cannabis manufacturing special use permit. A special use permit issued submitted directly to, and issued by, the city council after a public hearing.

Caretaker quarters. A permanent residence that is provided as an accessory use to a non-residential use, and is used to house an owner, operator, guard or caretaker, and his or her family, to provide around-theclock service, support, care or monitoring of the use and/or site.

Catering services. A business which prepares food and/or beverages to be delivered, served, and consumed in various locations other than the location at which the food and/or beverages were prepared.

Cemetery. Property used for the interring of the deceased.

Church, religious organization. A permanently located building situated on property commonly used for religious worship.

City. The City of Colusa.

Clinic. A place for group medical services not involving overnight housing of patients.

Club, community and fraternal. An association of persons (whether or not incorporated), religious or otherwise, for social purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

Combining district. Any district in which in addition to the permitted uses and regulations of the underlying or base district there is another permitted or combining use with special regulation attached thereto.

Commission or planning commission. The planning commission of the city appointed by the city council as per resolution and/or state.

Community center/pavilions. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities that are available for use by various groups for activities including meetings, parties, receptions, and dances.

Community garden. Gardens established and maintained collectively by an organized group of individuals for the purpose of growing plants, vegetables, fruits, or flowers for personal consumption or use, but not for sale.

Conditional use permit. A permit issued stating that the conditional use must meet all conditions set forth in local ordinances and the approval process. Use permits shall be processed as set forth in Article 33.

Condominium. As defined by Section 783 of the California Civil Code, an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:

(1)

An estate of inheritance or perpetual estate;

(2)

An estate for life;

(3)

An estate for years, such as a leasehold or a sublease-hold.

Construction or contractor's yard. Storage yard operated by or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business, storage of scrap materials used for repair and maintenance of contractor's own equipment, and structures for uses including offices and repair facilities.

Construction, maintenance, and repair services. Businesses providing construction, maintenance, and repair services off-site, but that have an office, store equipment and materials, and/or perform fabrication or similar work on-site. Examples include off-site plumbing shops, general contractors, appliance repair, janitorial services, electricians, pest control, heating and air conditioning, roofing, painting, landscaping and septic tank service.

Convenience store. A small store (≤15,000 total square feet) that stocks a range of everyday items such as groceries, toiletries, alcoholic and soft drinks, tobacco products, and newspapers. Such stores may also offer money-order and wire-transfer services.

Cottage food operation. Business operations that prepare and/or package certain non-potentially hazardous foods in private-home kitchens to sell directly to the public (from the home where the cottage food operation is located, at a community event, or indirectly to the public via sale to retail food facilities such as restaurants and markets) as defined in Health and Safety Code Section 113758 or as later amended and defined by the State of California.

nd/or package certain non-potentially hazardous foods in private-home kitchens to sell directly to the public (from the home where the cottage food operation is located, at a community event, or indirectly to the public via sale to retail food facilities such as restaurants and markets) as defined in Health and Safety Code Section 113758 or as later amended and defined by the State of California.

Crop production. The growing and harvesting of agricultural produce for food and fiber. Examples include farms, orchards, groves, greenhouses and wholesale nurseries primarily engaged in growing crops, plants, vines, or trees and their seeds, excluding the growing of marijuana for medicinal purposes.

D.

Definitions, "D."

Day care center, child. Commercial or non-profit child day care facilities designed and approved to accommodate fifteen (15) or more children, or any number of children in a nonresidential building. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

Day care, adult. A state licensed day care facility providing care and supervision for seven or more adults for periods of less than 24 hours for any client.

Day care, home. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours.

Family day care home. As defined by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

Large family day care home means a home that provides family day care for 8 to 14 children, inclusive, including children under the age of ten years who reside at the home.

Small family day care home means a home that provides family day care for seven or fewer children, including children under the age of ten years who reside at the home.

Density. The number of dwelling units per gross acre (including public road improvements and dedications).

District. A land area shown or described in the land use zoning map to which uniform regulations apply.

Drive-in. An establishment which provides parking facilities and service to those facilities in order that patrons may utilize on-site goods and/or services without leaving their vehicles. Said drive-in service may be in conjunction with, or exclusive of, any other form of service, including drive-through or conventional seating.

Drive-through. An establishment which offers service via a convenience automobile drive aisle and associated facilities in order that patrons may utilize goods and/or service without leaving their vehicles. Said drive-through service may be in conjunction with, or exclusive of, any other form of service, including drive-in or conventional seating.

Driveway. An access way to a required off-street parking facility, driveway shall be paved to a minimum width of ten feet and shall be open and unencumbered to a height of not less than eight feet. It shall be safe and usable.

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

Dwelling, duplex. A structure containing two dwelling units, including a structure where both units are under single ownership, or a structure where each unit is separately owned (a "half-plex").

Dwelling, multiple. A detached building designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen facilities for each family.

Dwelling, single family. A structure containing one dwelling unit.

Dwelling, multifamily. A structure containing three or more other dwelling units. Multi-unit dwellings include: triplexes, fourplexes (building under one ownership with three or four dwelling units, respectively, in the same structure); apartments (five or more dwelling units in a single building), and townhouse development (three or more attached dwellings where no unit is stacked over another unit), and other building types containing multiple dwelling units (for example, courtyard housing, rowhouses, stacked flats, etc.) See also "dwelling, "duplex".

E.

Definitions, "E."

Easement, public. A space on a lot or parcel of land, and so indicated on a subdivision map or in a deed restriction reserved for or used for public utilities or public uses.

Emergency shelter. Housing with minimal supportive services, for homeless persons that is limited to occupancy of six months or less by a homeless person and in which no individual or household is denied emergency shelter because of an inability to pay.

F.

Definitions, "F."

Family. An individual or two or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and there is a sharing of household activities, expenses, experiences and responsibilities.

Farm equipment and supplies sales. Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops,

and other operations and processes pertaining to farming and ranching, including feed stores.

Farmers' market. A physical retail market featuring foods sold directly by farmers to consumers. Farmers' markets typically consist of booths, tables or stands, outdoors or indoors, where farmers sell fruits, vegetables, meats, and sometimes prepared foods and beverages, or other related farm produce.

Farmworker housing. Housing configured to accommodate a maximum of 36 beds in group quarters or up to 12 individual units designed for use by a single family or household, and recognized as employee housing pursuant to Health & Safety Code Section 17008. Employee housing for six or fewer persons shall be treated as a single-family structure and residential use.

Financial services. Banks credit unions; financial consulting firms with services for retirement planning; holding companies and other investment companies; security and commodity exchanges; and brokers and dealers in insurance, money lending, pawn, bail bonds, stocks and bonds, securities, commodities, crop and feed, and real estate contracts.

Food production. Manufacturing establishments producing or processing foods for human consumption and certain related products, including:

1.

Bakery and confectionery products (except facilities that produce goods for on-site sales with limited distribution beyond on-site sales which are included under "retail stores, general merchandise");

2.

Dairy products processing;

3.

Fats and oil products (not including rendering plants which are included under "slaughterhouses and rendering plants");

4.

Fruit and vegetable canning, preserving, and related processing;

5.

Grain mill products and by-products;

6.

Meat, poultry, and seafood canning, curing, and byproduct processing (not including facilities that also slaughter animals).

Beverage production other than dairy products is included under the definition of "beverage production"; beer brewing as part of a brew pub, bar, or restaurant, is included under "alcoholic beverage establishment" (above). See also "cottage food operation" (above).

Frontage, lot. The line where a lot abuts on a dedicated street or highway right-of-way line. Frontage is expressed in linear feet and is measured along such right-of-way line. Where a future street or highway right-of-way line has been established on the general plan or other official plan, frontage shall be measured along that line.

Funeral chapel. A building used primarily for human funeral services in relation to a mortuary or crematory.

G.

Definitions, "G."

Garage or carport. An accessible and usable covered space, either completely enclosed (garage) or open (carport) and not less than ten feet by twenty feet per space and used for vehicular and general storage purpose only. Such garage or carport is to be so located on the lot so as to meet the requirements of this title for an accessory building, or if attached to the main building, to meet all the requirements applicable to the main building.

Garage, commercial. A building, other than a private garage, used for the parking, repair or servicing of motor vehicles.

Garage, parking. A public garage designed and/or used on a commercial basis for the storage of vehicles.

Garage/yard sales. The sale of common household goods, primarily owned by the resident, and which use is permitted:

(a)

For a duration of not more than three consecutive days;

(b)

For no more than six times per year per residence; and

(c)

Produces no evidence of its existence upon or beyond the premises such as external alteration creating non-residential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc.

Gas station. See: "vehicle repair and maintenance" (below).

General plan. The latest adopted General Plan for the city.

Grocery store. A store (>15,000 total square feet) selling foodstuffs and various household supplies.

Gross floor area. The sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures of enclosed porches. Whenever the term "gross floor area" is used in this title as a basis for requiring off-street parking for any structure, it shall be assumed

that, unless otherwise stated, such floor area applies not only to the ground floor area but also to any additional stories or basement of such structure.

H.

Definitions, "H."

Helicopter pad. Land improved and intended to be used for the landing and taking off of helicopters or vehicle flying aircraft.

Home occupation. Any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use of the dwelling, and which use:

(a)

Is confined completely within a legal structure and occupies not more than twenty-five percent of the floor space of a dwelling or fifty percent of that of an accessory building.

(b)

Involves no sales of merchandise other than that produced on the premises, or directly related to and incidental to the services offered.

(c)

Is carried on by the members of the family occupying the dwelling with no other persons employed.

(d)

Produces no evidence of its existence upon or beyond the premises such as external alteration creating non-residential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc. except one sign not to exceed two square feet in area and pertaining directly to the particular home occupation.

Hospital. See "medical services—hospitals" (below).

Hospital, animal or veterinary clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be only incidental to such hospital use.

Hotel. Any building or portion thereof, containing six or more guest rooms used or intended to be used, let or hired out to be occupied or which are occupied by six or more guests whether the compensation for hire be paid directly or indirectly in money, goods, wares, merchandise, labor or otherwise and shall include hotels, lodging and rooming houses, dormitories, Turkish baths, bachelor hotels, studio hotels, public and private clubs and any such building of any nature whatsoever so occupied, designed or intended to be so occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint.

I.

Definitions, "I."

J.

Definitions, "J."

Junk yard. Any area of two hundred square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. This definition includes "wrecking yards."

K.

Definitions, "K."

Kennel. Any lot or premises on which six or more dogs, at least four months of age, are kept, boarded or trained.

L.

Definitions, "L."

Live/work unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity and which includes:

1.

Complete kitchen space and sanitary facilities in compliance with Title 16 (Buildings and Construction) of the Municipal Code; and

2.

Working space reserved for and regularly used by one or more occupants of the unit.

Loading space. An off-street space or berth on the same lot with a main building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley or other appropriate means of ingress and egress.

Lot. A parcel of land individually assessed and used or capable of being used under the regulations of this ordinance, and including both the building site and all required yards and other open spaces and frontage as defined herein.

Lot, corner. A lot located at the intersection of two or more streets at an angle of not more than one hundred twenty degrees. If the angle is greater than one hundred twenty degrees, it shall be considered an interior lot.

Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. The depth of a cul-de-sac lot shall be measured at its narrowest point.

Lot, interior. A lot other than a corner lot.

Lot, key. Any lot where the rear lot line abuts the side lot line or one or more other lots, and is not separated by an alley.

Lot, through. A lot having frontage on two parallel or approximately parallel dedicated streets, not including a corner or reversed corner lot. The commission shall determine which frontage or frontages shall be considered as the "lot front" or lot frontages for the purpose of compliance with yard and setback provisions of this title.

Lot width. The horizontal distance between the side lot lines measured at the required building setback line.

M.

Definitions, "M."

Manufactured home. As set forth in Health and Safety Code Section 18007, a structure constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this section, except the size requirements with respect to which the manufacturer files a certification and complies with standards established under the National Manufactured Housing Construction and Safety Act of 1974. The term does not include a recreational vehicle nor a mobile home.

Manufacturing, light. The manufacturing and assembly of finished products or parts, primarily using previously prepared materials. Examples include clothing and fabric product manufacturing, electronics, equipment, and appliance manufacturing; food and beverage product manufacturing, commercial bakeries, laundry, dry-cleaning, and carpet cleaning plants; establishments manufacturing and assembling small products primarily by hand, including jewelry, pottery and other ceramics; woodworking, including cabinet making and furniture manufacturing; metal products fabrication, including machine, sheet metal and welding shops; repair of scientific or professional instruments and electric motors; printing, publishing and lithography; establishments that convert pre-manufactured paper or paperboard into boxes, envelopes, pager bags, wallpaper, and that coats or glazes pre-manufactured paper; and photo/film processing labs. Businesses primarily engaged in the sale of consumer products produced off-site are excluded from this definition.

tific or professional instruments and electric motors; printing, publishing and lithography; establishments that convert pre-manufactured paper or paperboard into boxes, envelopes, pager bags, wallpaper, and that coats or glazes pre-manufactured paper; and photo/film processing labs. Businesses primarily engaged in the sale of consumer products produced off-site are excluded from this definition.

Medical marijuana dispensary. Medical marijuana dispensary or dispensary means (1) any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to three (3) or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively, distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant in California Health and Safety Code Section 11362.5 et seq. and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General Guidelines. The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in California Health and Safety Code Section 11362.5 et seq.

For purposes of this chapter, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and complies strictly with applicable law, including but not limited to, California Health and Safety Code Section 11362.5 et seq.:

1.

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

2.

A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code.

5.

A cannabis manufacturing facility authorized by a cannabis manufacturing special use permit granted by the city council and operating with a valid cannabis manufacturing regulatory permit issued by the city.

Medical services—Clinics and laboratories. Facilities primarily engaged in furnishing outpatient dental, medical, mental health, surgical, therapeutic and other personal health services, and medical and dental laboratories. See also: "Personal services" (below).

Medical services—Extended care. Residential facilities providing nursing and health-related care as a principal use with in-patient beds, including skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility), extended care facilities, convalescent and rest homes, board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "residential care facility, small" and "residential care facility, large" (below).

Medical services—Hospitals. Hospitals and similar establishments primarily engaged in providing diagnostic services and extensive medical treatment including surgical and other hospital services; these establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail uses, emergency vehicles, ambulances, and heliports.

Mixed use. Means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development

Mobile home. As set forth in Health and Safety Code Section 18008, a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobile home" includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobile homes in effect at the time of construction. "Mobile home" does not include a manufactured home, recreational vehicle, commercial coach, or camper, as defined by state law.

Mobile home park. As used herein means a "trailer court," or a "travel trailer park," each as defined in Chapter 5, Title 25, of the California Administrative Code.

Motel. A group of two or more detached or semi-detached buildings containing guest rooms or apartments with auto storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodations of transient automobile travelers.

Motor vehicle. A vehicle that is self-propelled. Motor vehicle includes motor home and camper unit mounted on a truck body.

Multifamily dwellings. A structure that includes three or more single family dwelling units. See also "dwelling unit, multiple."

N.

Definitions, "N."

Nonconforming building. A building or portion thereof lawfully existing on the effective date of this title, which was designated, erected or structurally altered for use which does not conform to the uses permitted in the zone in which it is located, or which does not comply with one or more of the property development standards of the zone in which it is located.

Nonconforming use. A use of a building or land existing on the effective date of this title which does not conform to the uses permitted in the zone in which it is located.

O.

Definitions, "O."

Offices, governmental. A place of employment occupied by governmental agencies and their employees.

Offices, professional. A place of occupied by businesses providing professional services. Examples include, offices for accountants, attorneys, commercial art and design services, news services, photographers, counselors and psychologists, engineers, real-estate agents, and other professions.

Open uses. Those uses which do not have to be associated with buildings or structures for the carrying on of their trade, service or activity, such as, but not limited to, automobile sales, contractor's storage yards, and equipment rental yards.

Outdoor advertising. Any outdoor display of advertising material in any form upon any physical structure or natural object.

P.

Definitions, "P."

Parking lot. An area of land, a yard, or other open space on a lot used for or designed for use by standing motor vehicles.

Parking space. Space exclusively of driveways, ramps, columns, loading areas, office or work areas, office or work areas within a building or open parking area for the parking of vehicles. A parking space shall be accessible and usable for the parking and conform to the requirements of this title.

Personal services. Establishments providing various services to individuals as a primary use, including beauty and barber shops, clothing rental, tailor shops, driving schools, martial arts studios, fitness centers, photography studios, small-scale dry cleaners, self-service laundries, tanning salons, psychic readers, day spas, massage (nonsexual) services, body piercing, tattooing, electrolysis, and other similar uses. These uses may also include accessory retail sales of products related to the services provided.

Plant nurseries. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of these products (such as wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under "accessory buildings and structures"). The sale of house plants or other nursery products entirely within a structure is also included under "retail stores, general merchandise."

y products, grown under cover or outdoors. Also includes establishments engaged in the sale of these products (such as wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under "accessory buildings and structures"). The sale of house plants or other nursery products entirely within a structure is also included under "retail stores, general merchandise."

Printing and publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or other common processes, including electrostatic (xerographic) copying and other "quick printing" services, and establishments serving the printing trade including silk screening, bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish and deliver newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices.

Printing and publishing—Computer/electronic. Establishments engaged in printing, production, and publishing through the use of computers, with mail-out distribution or limited delivery.

Public safety facility. A facility operated by a public agency for the purpose of protecting public safety, including but not limited to fire stations and other fire-fighting facilities, police stations and ambulance dispatch facilities.

Q.

Definitions, "Q."

R.

Definitions, "R."

Recreational vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1.

It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

2.

It contains 400 square feet or less of gross area measured at maximum horizontal projections.

3.

It is built on a single chassis.

4.

It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

Recreational vehicle (RV) park. Any area or tract of land, or a separate designated section within a mobile home park where two or more 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 owners or users of recreational vehicles, camping cabins or tents.

Recycling collection facility. A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public.

Recycling processing facility. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include the collection of storage containers located on a residential, commercial, or industrially designated parcel used solely for the recycling of material generated on the parcel.

Residential care facility (large). A single family or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour non-medical care for more than six unrelated persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. This includes halfway houses, social rehabilitation facilities. This does not include day care facilities, which are separately defined.

Residential care facility (small). A single family or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour non-medical care for up to six persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Six or fewer persons" does not include the operator, the operator's family or persons employed by staff. This does not include day care facilities, which are separately defined. This use is permitted in any area zoned for residential use.

Restaurant and café. Any retail business that sells cooked or ready-to-eat food or beverages primarily for on-premises consumption.

Retail stores, general merchandise. Retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:

Art supplies

Auto parts (not repair or machine shops)

Bakeries (retail only)

Bicycles and mopeds

Books

Cameras and photographic supplies

Clothing and accessories

Convenience stores

Drug and discount stores

Fabrics and sewing supplies

Farm equipment and supplies

Feed Stores, prepackaged fuel

Florists and houseplant stores

Firearms

Gifts, novelties and souvenirs

Handcrafted items (subordinate to sales)

Hardware

Hobby materials

Jewelry

Luggage and leather goods

Musical instruments, parts, and accessories

Orthopedic supplies

Small wares

Specialty shops

Sporting goods and equipment

Stationery

Toys and games

Variety stores

Rezoning. "Rezoning" means the same as "zone, change of."

S.

Definitions, "S."

Schools—Public and private. Public and private elementary, middle, junior high, and high schools serving kindergarten through 12th-grade students, including boarding schools and military academies. Also includes community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Preschools and child day care are included under the definition of "day care centers, child."

Schools—Specialized education and training. Business, secretarial schools, and vocational schools offering specialized trade and commercial courses. Includes specialized schools offering subjects in art, drama, dance, driver education, language, and music. Also includes seminaries and other facilities exclusively engaged in training for religious ministries, and establishments furnishing educational courses by mail. Further includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development including fitness, martial arts, yoga, environmental awareness, communications, and management.

Secondary dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single family dwelling is situated and shall comply with the following:

1.

The unit is not intended for sale and may be rented.

2.

The lot is zoned for single family or multifamily residential use.

3.

The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

The increased floor area of an attached second unit shall not exceed thirty percent of the existing living area, which means the interior habitable area of the dwelling.

5.

The total area of floor space for detached second unit shall not exceed 1,200 square feet.

6.

Requirements relating to height, setback, lot coverage, and other zoning requirements generally applicable to residential construction in the zone in which the property is located.

7.

The lot contains an existing single-family dwelling.

8.

A minimum lot size of 9,600 square feet shall be required for any detached secondary unit.

9.

In addition to the parking requirements for the principal residential structure, one off-street parking space shall be provided for the secondary dwelling unit.

Setback line for front, rear, and side yards. A line established by this ordinance to govern the placement of buildings and other improvements with respect to streets and alleys and property lines.

Sign. Means any sign, identification, display, illustration, device or visual representation designed and used for the purpose of communicating a message, advertising, and/or identifying or attracting attention to a premises, product, service, person, activity, business or event, and shall include all of its structure and component parts. "Sign" shall not include any flag of the United States of America or State of California, or any display of merchandise outside of a business.

Single-room occupancy. A structure with one room residential units designed to provide living facilities for one person, often with cooking facilities and with private or shared bathroom facilities.

Slaughterhouses and rendering plants. Slaughterhouses are establishments primarily engaged in slaughtering cattle, hogs, sheep, and calves for meat to be sold or to be used on the same site in canning, curing, and freezing, and in the making of sausage, lard, and other products. Rendering plants are engaged in the rendering of inedible stearin, grease, and tallow from animal fat, bones, and meat scraps.

Solid waste facility/materials recovery transfer. A place legally used for the disposal, abandonment, discarding, dumping, reduction, burial or by any other means, of any garbage, trash, refuse or waste material.

Stable, commercial. A stable for horses to be let, hired or used on a commercial basis.

Stable, private. A stable for horses to be used by owners thereof.

Stone and cut stone products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.

Storage, personal storage facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as "mini-storage."

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story.

Street. A public or permanent private right-of-way forty feet or more in width which affords a primary means of access to property, and including Tuttle Lane from Bridge Street to Eighth Street and other such access ways of less than forty feet in width which are declared to be streets by city council action.

Structural alterations. Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components.

Structure. Anything constructed or built over the height of seven feet, any edifice or building or any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner, which has a required location on the ground or is attached to something having a location on the ground except outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts and similar recreation areas.

Supportive housing. Housing that provides support services exclusively designated and targeted for recently homeless persons and families that is intended to assist them to gain necessary life skills in support of independent living. Additional services for this type of housing may include case management, mental health treatment and life skills. This housing type has no limit on length of stay. This housing type shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

T.

Definitions, "T."

Target population. Means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 3.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Taxidermy shop. A facility for preparing and preserving the skins of animals and for stuffing and mounting them in lifelike form.

Telecommunications facility. An unstaffed facility for the transmission and reception electromagnetic signals.

Theaters, auditoriums, and meeting halls. Indoor facilities for public assembly and group entertainment, other than sporting events, including: public and quasi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls, and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses.

Trailer. Any wheeled vehicle designed for carrying persons or property and for being drawn by a motor vehicle. Trailer includes, but is not limited to, camp trailer, mobile home, utility trailer or trailer specially designed to carry motorcycles, airplanes, boats, gliders, etc.

Transitional housing. Housing that provides support services exclusively designated and targeted for recently homeless persons and families that is intended to assist them in obtaining a stable income and permanent housing. Occupancy of such a facility is limited to between six months and twenty-four months. Support services provided may include meals, child care, counseling, vocational rehabilitation and other similar support services. This housing type shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

U.

Definitions, "U."

V.

Definitions, "V."

Vehicle repair and maintenance. An establishment for the repair, alteration, restoration, or finishing (including self-service and attended car washes) of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing. Gasoline and alternative fuel/recharging sales are allowed under this definition.

Vehicle sales and rental. A facility from which vehicles are sold, leased, or rented.

W.

Definitions, "W."

Warehousing. Facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public, which are included under "storage, personal storage facility," warehouse facilities where the primary purpose of storage is for wholesaling and distribution, which are included under "wholesaling and distribution," or terminal facilities for handling freight, which are included under "vehicle and freight terminals."

Wholesaling and distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes merchant

wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

X.

Definitions, "X."

Y.

Definitions, "Y."

Yards. Land unoccupied or unobstructed to the sky except for such encroachments as may be permitted by this ordinance, surrounding a building site.

Yard types:

(a)

Front yard - A yard extending across the full width of the lot from the front property line or the existing or future street right-of-way line and to a setback depth required by the zoning district in which said lot is located.

(b)

Interior side yard - A yard on the interior side(s) of a lot extending from the required front yard to the required rear yard and to, a setback width required by the zoning district in which said lot is located.

(c)

Street side yard - A side yard abutting the street extending from the front yard to the rear yard and to a setback width required by the zoning district in which said lot is located.

(d)

Rear yard - A yard extending along the full width of the lot from the rear property line to a setback depth required by the zoning district in which said lot is located.

==> picture [312 x 421] intentionally omitted <==

Z.

Definitions, "Z."

Zoning map. The official map that describes thereon the several zoning districts to which the regulations set forth in this title shall apply.

(Ord. No. 509, § 3, 10-20-2015; Ord. No. 518, § 3, 6-20-2017; Ord. No. 519, §§ 4, 5, 7-18-2017; Ord. No. 551, § 3, 5-17-2022)

Footnotes:

--- ( 2 ) ---

2. Ord. No. 509, adopted Oct. 20, 2015, repealed Art. 4 in its entirety and enacted a new article as set out herein. The former Art. 4, §§ 4.01—4.100, pertained to similar subject matter and derived from Ord. No. 403; Ord. No. 485, § 3, adopted March 5, 2013; and Ord. No. 505, §§ 2—22, adopted Oct. 21, 2014.

Article 5. - R-1 Single Family Residence District—Regulations.

Sec. 5.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all R-1 districts. It is intended that this district classification be applied in areas subdivided and used, or designated for single-family residential development.

(Ord. No. 505, § 23, 10-21-2014)

Sec. 5.02. - Uses permitted.

(a)

One-family dwellings, including private garages, accessory buildings and uses.

(b)

Residential care facilities (small).

(c)

Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses included in the General Plan.

(d)

Agriculture, horticulture, gardening, keeping of animals as permitted by city ordinance, but not including stands or structures for the sale of agricultural or nursery products.

(e)

Garage/yard sales as set forth in Article 4.

(f)

Secondary dwelling units, in compliance with the applicable standards.

(g)

Manufactured homes.

(h)

Transitional housing

(i)

Supportive/transitional housing.

(Ord. No. 505, § 23, 10-21-2014)

Sec. 5.03. - Uses requiring major use permits (planning commission).

(a)

Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses not included in the General Plan.

(b)

Private and religious schools, daycare centers, and large family day care homes.

(c)

Churches.

(d)

Golf and country clubs.

(e)

Cemeteries.

(f)

Residential care facility (large).

(Ord. No. 505, § 23, 10-21-2014)

Sec. 5.04. - Uses requiring minor use permits (planning director).

(a)

Home occupations.

(b)

Temporary real estate offices, tract sales offices and advertising signs, and tract construction offices and equipment yards, for a period of not more than twelve months.

(Ord. No. 505, § 23, 10-21-2014)

Sec. 5.05. - Minimum height, bulk and space requirements.

(a)

Lot Area: Eight thousand square feet.

(b)

Lot Dimensions: Eighty feet wide; one hundred feet deep.

(c)

Maximum Main Building Coverage: Thirty-five percent of lot area.

(d)

Front Yard Setback: Twenty feet.

(e)

Side Yard Setback:

1.

Interior Lots: Each interior side yard shall be not less than five feet on one side and ten percent of the lot width on the other side, but the total of both need not exceed fifteen feet.

2.

Corner Lots: The side yard on the street side of a corner lot shall be not less than fifteen percent of lot width, but need not exceed fifteen feet. The interior side yard shall be not less than five feet.

(f)

Rear Yard Setback: Twenty percent of the lot depth; may not be less than fifteen feet, need not exceed thirty feet.

(g)

Building Height Limit: Two and one-half stories, but not to exceed thirty-five feet.

(h)

Off-Street Parking: As required in Article 29.

(Ord. No. 505, § 23, 10-21-2014)

Article 6. - R-2 Two Family Residence District—Regulations.

Sec. 6.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all R-2 districts. It is intended that this district classification be applied where two-family dwellings are, or are intended to be the dominant use.

(Ord. No. 505, § 24, 10-21-2014)

Sec. 6.02. - Uses permitted.

(a)

Uses as permitted in R-1 districts (Section 5.02).

(b)

Duplex dwellings.

(Ord. No. 505, § 24, 10-21-2014)

Sec. 6.03. - Uses requiring major use permits (planning commission).

(a)

Uses requiring a major use permit in R-1 districts. (Section 5.03).

(Ord. No. 505, § 24, 10-21-2014)

Sec. 6.04. - Uses requiring minor use permits (planning director).

(a)

Uses requiring a minor use permit in R-1 districts. (Section 5.04).

(b)

Uses permitted in Section 6.02(b) on legal nonconforming parcels less than seven thousand square feet in area.

(Ord. No. 505, § 24, 10-21-2014)

Sec. 6.05. - Minimum height, bulk and space requirements.

Also refer to Section 32.05(e).

(a)

Lot Areas: Six thousand square feet for single family dwellings. Seven thousand square feet for duplex dwellings.

(b)

Lot Dimensions:

1.

Interior Lots: Sixty feet wide; one hundred feet deep.

2.

Corner Lots: Seventy feet wide; one hundred feet deep.

(c)

Maximum Main Building Coverage: Forty percent of lot area.

(d)

Front Yard Setback: Twenty feet.

(e)

Side Yard Setback:

1.

Interior Lots: Each interior side yard shall be not less than five feet on one side and ten percent of the lot width on the other side, but the total of both need not exceed fifteen feet.

2.

Corner Lots: The side yard on the street side of a corner lot shall be not less than fifteen of lot width, but need not exceed fifteen feet. The interior side yard shall be not less than five feet.

(f)

Rear Yard Setback: Twenty percent of lot depth, may not be less than fifteen feet, need not exceed thirty feet.

(g)

Building Height Limit: Two and one-half stories, but not to exceed thirty-five feet.

(h)

Off-Street Parking: As required by Article 29.

(Ord. No. 505, § 24, 10-21-2014)

Article 7. - R-3 Neighborhood Apartment District—Regulations.

Sec. 7.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in the R-3 districts. It is intended that this district classification be applied in areas where homes and small apartment buildings are the desirable uses.

(Ord. No. 505, § 25, 10-21-2014)

Sec. 7.02. - Uses permitted.

Uses as permitted in the R-1 and R-2 districts (see Sections 5.02 and 6.02), and multifamily dwellings of not more than four dwellings (triplexes, quadraplexes).

(Ord. No. 505, § 25, 10-21-2014)

Sec. 7.03. - Uses requiring major use permits (planning commission).

Uses requiring a major use permit in R-1 districts (Section 5.03).

(Ord. No. 505, § 25, 10-21-2014)

Sec. 7.04. - Uses requiring minor use permits (planning director).

(a)

Uses requiring a minor use permit in R-l districts (Section 5.04).

(b)

Uses permitted in Section 7.02 on legal nonconforming parcels less than eight thousand square feet in area.

(Ord. No. 505, § 25, 10-21-2014)

Sec. 7.05. - Minimum height, bulk and space requirements

(a)

Lot Area:

6,000 square feet for single family dwellings.

4,000 square feet per unit for duplexes.

2,650 square feet per unit for triplexes.

2,000 square feet per unit for quadraplexes.

(b)

Lot Dimensions: Sixty feet wide; one hundred feet deep.

(c)

Maximum Main Building Coverage: Forty percent of lot area.

(d)

Front Yard Setback: Twenty feet.

(e)

Side Yard Setback:

1.

Interior Lots: Each interior side yard shall be not less than five feet on one side and ten percent of the lot width on the other side, but the total of both need not exceed fifteen feet.

2.

Corner Lots: The side yard on the street side of a corner lot shall be not less than fifteen percent of lot width, but need not exceed fifteen feet. The interior side yard shall be not less than five feet.

(f)

Rear Yard Setback: Twenty percent of the lot depth, may not be less than fifteen feet, need not exceed thirty feet.

(g)

Building Height Limit: Two and one-half stories, but not to exceed thirty-five feet.

(h)

Off-Street Parking: As required by Article 29.

(Ord. No. 505, § 25, 10-21-2014)

Article 8. - R-4 General Apartment District—Regulations.

Sec. 8.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all R-4 districts. It is intended that this district classification be applied in areas where multifamily dwellings are the logical and desirable uses.

(Ord. No. 505, § 26, 10-21-2014)

Sec. 8.02. - Uses permitted.

(a)

Uses permitted in the R-1, R-2, and R-3 districts, and multifamily dwellings.

(b)

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use.

(c)

Advertising signs pertaining directly to a permitted non-residential use on the property, and not to exceed one sign of a maximum area of six square feet for any such use, or as specified in use permit.

(d)

Private garages, or parking lots uncovered and screened by suitable walls or planting, when operated by or in conjunction with a permitted use.

(e)

Single room occupancy.

(f)

Farmworker housing.

(Ord. No. 505, § 26, 10-21-2014)

Sec. 8.03. - Uses requiring a major use permit (planning commission).

(a)

Hotels, motels, hospitals, large residential care facilities, sanitariums, mortuaries, and professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which, by formal action of the planning commission, are found to be similar to the foregoing; and clubs, lodges and fraternities, except those operated as a business or for profit.

(b)

Parks, playgrounds, public and private schools, churches and religious institutions, libraries and public buildings.

(c)

Boarding houses.

(Ord. No. 505, § 26, 10-21-2014)

Sec. 8.04. - Uses requiring a minor use permit (planning director).

(a)

Home occupations.

(b)

Temporary real estate offices, tract sales offices and advertising signs, and tract construction offices and equipment yards, for a period of not more than twelve months.

(c)

Uses permitted in Section 8.02(a) on legal non-conforming parcels less than six thousand square feet.

(Ord. No. 505, § 26, 10-21-2014)

Sec. 8.05. - Minimum height, bulk and space requirements.

(a)

Lot Area: Six thousand square feet and otherwise as provided for R-3 Districts. One thousand five hundred square feet per unit for multifamily structures containing five or more dwelling units.

(b)

Lot Dimensions: Sixty feet wide; one hundred feet deep.

(c)

Maximum Main Building Coverage: Sixty percent of lot area, but within required setbacks.

(d)

Front Yard Setback: Twenty feet (reduced to ten feet for High Density Combining District Zoning).

(e)

Side Yard Setback:

1.

Each interior side yard shall be not less than five feet on one side and ten percent of the lot width on the other side, but the total of both need not exceed fifteen feet.

2.

The side yard on the street side of a corner lot shall be not less than fifteen percent of lot width, but the total of both need not exceed fifteen feet.

(f)

Rear Yard Setback: Twenty percent of lot depth, may not be less than fifteen feet, need not exceed thirty feet (reduced to ten feet for High Density Combining District Zoning).

(g)

Distances Between Main Buildings on Same Lot: Ten feet.

(h)

Loading Area: As specified in use permit.

(i)

Building Height Limit: Four stories, but not exceed fifty feet.

(j)

Off-Street Parking: As required in Article 29.

(Ord. No. 505, § 26, 10-21-2014)

Article 9. - C-N Neighborhood Business District—Regulations.

Sec. 9.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all C-N districts. It is intended that this district classification be applied on properties suitable to serve residential areas with convenience shopping and service facilities.

Sec. 9.02. - Uses permitted.

(a)

All uses permitted in "R" districts, except that dwellings as defined herein, may be permitted only upon the securing of a major use permit.

(b)

The following retail business uses:

1.

Food stores, diary products and retail bakery goods stores and bakeries.

2.

Book and stationery stores and rental libraries.

3.

Barber shops, beauty salons, cigar stores and news stands.

4.

Drug stores, including soda fountains and food service.

5.

Florists, shoe repair, photo, music, variety, hardware, clothing stores.

6.

Laundry and cleaning agencies, pressing shops.

7.

Professional offices, studios and clinics.

8.

Repair shops for shoes, radios and domestic appliances.

Restaurants.

10.

Self-operated laundries.

11.

Service stations, provided that all operations except the service with motor fuel, oil, air and water can be conducted within an enclosed building.

12.

Other uses, services and agencies which, in the opinion of the planning commission, are similar to the above.

(c)

Public buildings, public utility substations and offices.

(d)

Commercial parking lots and parking garages.

(e)

Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use.

(f)

Exterior signs (parallel to building walls to which attached, pertaining to the business use conducted on the premises) provided that no such sign shall project more than two feet from any business structure, shall not exceed fifty square feet in total area, and that no such sign shall project above the roof ridge line. Floodlights shall be directed inward and downward onto property.

Sec. 9.03. - Minimum height, bulk and space requirements.

(a)

Lot Areas, Lot Width, Building Regulations: None.

(b)

Front Yard Set-back: Fifteen feet.

(c)

Side Yard Set-back: None, except as required by building code or other regulations.

(d)

Rear Yard Set-back: Fifteen feet.

(e)

Building Height Limit: One story, but not to exceed thirty feet.

(f)

Off-street Parking: As required by Article 29.

Article 10. - C-G General Commercial District—Regulations.

Sec. 10.01. - Regulations generally.

This district classification is intended to be applied where general commercial facilities are necessary for public service and convenience. The following specific regulations and the general rules set forth in Article 32 shall apply in all C-G districts.

Sec. 10.02. - Uses permitted.

(a)

Uses permitted in C-N districts, except that those dwellings, as defined herein, may be permitted only upon the securing of a major use permit.

(b)

The following and other uses, which, in the opinion of the planning commission, are of a similar character:

1.

Advertising signs, structures and billboards as in C-N districts.

2.

Amusement enterprises, including a billiard or pool hall, bowling alley, boxing arena, dance hall, theater and other similar uses, if conducted wholly within a completely enclosed building.

3.

Antique shop, if conducted entirely within a building.

4.

Automobile agencies, repair garages, body and fender shops, and auto painting shops, service stations, provided any steam cleaning and storage of merchandise and sundries are conducted wholly within a building.

5.

Automobiles and taxicabs for hire.

6.

Automobiles, truck and trailer, used car and farm equipment sales area.

7.

Bakery.

8.

Blueprinting and photostatting.

9.

Brokers-bail bond, crop, feed, fruit, grain, insurance, moneylender, pawnbroker, real estate, stocks and bonds.

10.

Retail building material store including accessory retail and resale lumber storage yard.

11.

Butcher, retail or wholesale but excluding slaughterhouses.

12.

Carpenter or cabinet shop, if conducted wholly within an enclosed building, but excluding furniture manufacture and heavy millwork.

13.

Carnival or amusement enterprise of a similar temporary type, provided a use permit shall have been obtained from the planning commission.

14.

Clothes cleaning and dyeing work.

15.

Feed or fuel store.

16.

Funeral parlor.

Hotel.

Laundry.

19.

Liquor store, cocktail bar or warehouse.

20.

Manufacturer's agent, office, sample room and storage.

21.

Moving, household storage and baggage transfer.

Nursery, flower or plant.

23.

Offices - real estate and insurance, professional and miscellaneous.

Parking lots.

25.

Pet shops and taxidermist.

26.

Plumbing or sheet metal shop, if conducted wholly within a building.

27.

Poultry or rabbit cleaning or dressing, provided that it is incidental to the sale of such products at retail on the premises and further provided that a use permit shall have been obtained from the planning commission.

28.

Printing, publishing and lithographing.

29.

Public garage, including storage, repairing, body and fender work, painting, etc., providing that all operations shall be conducted entirely within a building.

30.

Public services, including electric substations, fire and police stations, telephone exchange, bus or railroad station, water works and the like.

31.

Restaurant, cafe, or nightclub.

32.

Retail stores, of all types.

33.

Second-hand clothing or furniture store, if conducted entirely within a building.

34.

Sign painting shop.

Skating rink.

36.

Stone monument works, if stone cutting is conducted entirely within a building or shed enclosed on three sides.

37.

Mobilehome parks and travel trailer parks, subject to planning commission approval of a use permit in each particular case.

38.

Upholstery shop.

39.

Veterinarian, including dog or cat hospital or dog kennels, provided that a use permit shall have been obtained from the planning commission.

40.

Wedding chapel, rescue mission or temporary revival church or tent, provided that a use permit shall have been obtained from the planning commission.

41.

Wholesale business, including storage warehouses.

Other uses similar to those above, which are not obnoxious or offensive by reason of the emission of odor, dust, gas, noise or vibration, and further those uses which do not store or use inflammable liquids or gases which are generally considered a fire hazard.

Sec. 10.03. - Minimum height, bulk and space requirements.

A.

Lot Area, Width, Coverage, and Front Yard: None.

B.

Side Yard Set-back: None, except as required by building code or other regulations.

C.

Rear Yard Set-back: Five feet.

D.

Building Height Limit: Two stories but not to exceed thirty-five feet,

E.

Off-street Parking: As required by Article 29.

Article 11. - C-H Highway Service Commercial District—Regulations.

This district classification is intended to be applied along main road and highway frontages at proper intervals and locations to provide necessary services for the traveling public in developments designed for safety, convenience and fitting appearance. The following specific regulations and the general rules set forth in Article 32 shall apply in all C-H districts.

Sec. 11.02. - Uses permitted.

(a)

Highway service types of commercial uses which, in the opinion of the planning commission, are of a character similar to the following: restaurants, motels, and travel trailer parks.

(b)

Outdoor advertising signs and structures which:

1.

Are located on or immediately adjacent to permitted commercial uses, and which pertain directly to the commercial use of the property.

2.

Do not exceed two square feet of total sign area for each lineal foot of frontage of the lot for all such signs on or at any such property.

Sec. 11.03. - Uses requiring use permits (major).

(a)

Uses permitted in R-1, R-2, R-3 and R-4 districts.

(b)

Gasoline service stations.

Sec. 11.04. - Minimum height, bulk and space requirements.

(a)

Lot Areas, Lot Width, Building Regulations: None.

(b)

Front yard Set-back: Fifteen feet.

(c)

Side yard Set-back: None, except as required by building code or other regulations.

(d)

Rear yard Set-back: Fifteen feet.

(e)

Building Height Limit: One story, but not to exceed thirty feet.

(f)

Off-street Parking: As required by Article 29.

Article 12. - M-1 Light Industrial District—Regulations.

Sec. 12.01. - Regulations generally.

The following specific regulations and general rules set forth in Article 32 shall apply in M-1 districts.

Sec. 12.02. - Uses permitted.

(a)

Uses permitted in C-G districts, except that dwellings, as defined herein, and hotels may be permitted only upon the approval of a use permit.

(b)

The following uses, provided that the use and storage of flammable and explosive materials shall be subject to appropriate safety regulations, and provided further that smoke, dust, noxious odors and fumes, and noise above the ambient level in the vicinity, be confined within the premises:

1.

Wholesale and storage warehouse.

2.

Feed and fuel yards.

3.

Manufacturing, processing, fabricating, repairing, packaging, and other such treatment of goods and materials, but not including operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof, and so classified by the planning commission.

4.

Dyeing, dry-cleaning, and rug cleaning plants, laundries, veterinary hospitals, cabinet shops, and construction and building materials yards, but not including rock, sand, and gravel or concrete mixing operations, or open lumber yards.

5.

The following when conducted within a building or enclosed within a solid wall or fence not less than six feet in height, and of a type approved by the planning commission: welding and sheet metal shops, cooperage and bottling works, truck terminals, and lumber yards.

Sec. 12.03. - Minimum height, bulk and space requirements.

(a)

Lot Area, Width, Coverage and Front Yard: None.

(b)

Side Yard Set-back: None except as required by building code or other regulations.

(c)

Rear Yard Set-back: Five feet.

(d)

Loading Area: Private off-street space for the handling of all materials and equipment.

(e)

Building Height Limit: One hundred feet.

(f)

Off-street Parking: As required by Article 29.

Article 13. - M-2 General Industrial District—Regulations.

Sec. 13.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all M-2 districts.

Sec. 13.02. - Uses permitted.

(a)

Uses permitted in M-1 districts, except that dwellings, as defined herein, and hotels may be permitted only upon the securing of a use permit.

(b)

The following specific uses which shall be permitted only in M-2 districts.

1.

Wholesale lumberyards, lumber mills, grain elevators and storage.

2.

Pottery kilns and ceramic works of heavy industrial types.

3.

Concrete batch plants.

4.

Blacksmith shops, casting foundries.

5.

The following when enclosed within a solid wall or fence not less than six feet in height, and of a type approved by the planning commission:

(a)

Building material storage yard, contractors storage yard.

(b)

Junkyard, auto wrecking yard.

Sec. 13.03. - Uses requiring use permits (major).

Lawful uses not otherwise provided for in this ordinance.

Sec. 13.04. - Minimum height, bulk and space requirements.

(a)

Lot Area, Width, Coverage and Front Yard: None.

(b)

Side Yard Set-back: None except as required by building code or other regulations.

(c)

Rear Yard Set-back: None.

(d)

Building Height Limit: One hundred feet.

(e)

Off-street Parking: As required by Article 29.

Article 14. - M-L Limited Manufacturing District—Regulations.

Sec. 14.01. - Purpose of the district.

This district is designed to accommodate a limited group of business, professional, research and technical manufacturing uses that may have unusual requirements for space, light and air, and operations that are clean and quiet.

Sec. 14.02. - Regulations generally.

The following specific regulations and general rules set forth in Article 32 shall apply in all M-L districts.

Sec. 14.03. - Uses permitted.

(a)

Commercial and professional offices.

(b)

The following and similar uses in which noise, smoke, dust, odors, and other such offensive features are confined to the premises of such use:

Research institutes and laboratories.

2.

Electrical, small electronic and plastics and instrument manufacture.

3.

Bookbinding, printing, editorial, designing, lithography and cartography.

4.

Garment manufacture, paper products manufacture.

(c)

Underground utility installations and aboveground utility installations for local service, except that substations, generating plants, and gas holders must be approved by the planning commission prior to construction and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition.

Sec. 14.04. - Minimum height, bulk and space requirements.

(a)

Lot Area: Ten thousand square feet.

(b)

Front Yard Set-back: Twenty feet.

(c)

Side Yard Set-back: Twenty feet.

(d)

Rear Yard Set-back: Twenty feet.

(e)

Building Height Limit: Two stories, but not to exceed thirty-five feet.

(f)

Off-street Parking: As required by Article No. 29.

Article 15. - P-D Planned Development District—Regulations.

Sec. 15.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all P-D districts, except that where conflict occurs the regulations specified in this section shall apply.

Sec. 15.02. - Available locations.

P-D districts may be established on parcels of land which are suitable for, and of sufficient acreage to contain a planned development for which development plans have been submitted and approved.

Sec. 15.03. - Application for establishment.

Application for the establishment of a P-D district shall include an application for a use permit for all developments within the district. These use permits must be approved prior to construction of any structure within the district. Application P-D district shall include the following:

(a)

A map or maps showing:

1.

Topography of the land, contour intervals as required by the planning commission.

2.

Proposed street system and lot design.

3.

Areas proposed to be dedicated or reserved for parks, playgrounds, parkways, school sites, public or quasi-public buildings and other such uses.

4.

Areas proposed for commercial uses, off-street parking, multiple and single family dwellings and all other uses proposed to be established within the district.

5.

Proposed locations of buildings on the land.

(b)

General elevations or perspective drawings of all proposed buildings and structures other than single family residences.

(c)

Other data and information which may be deemed necessary by the planning commission for proper consideration of the application.

Sec. 15.04. - Uses Permitted.

(a)

All uses permitted in R, C, and M districts, subject to the securing of a major use permit specified in Section 32.01.

Sec. 15.05. - Building height limit.

As provided in approved use permit.

Sec. 15.06. - Building site area required.

"P" Uses: Six thousand square feet, provided however, that variations may be approved by the planning commission to permit conformity to topography and attractive design, and provided further that the average of such variations shall not result in a reduction of the basic ordinance requirements.

Sec. 15.07. - Front, side and rear yards and percentage of site coverage.

Same as required for the particular uses in the districts in which they are otherwise permitted by this ordinance, provided, however, that variations may be approved by the planning commission to permit conforming to topography and attractive design and provided further that the average of such variation shall not result in a reduction of the basic ordinance requirements.

Sec. 15.08. - Variances.

The regulations specified in this article may be varied when such variation will result in improved design of the development and will permit desirable arrangement of structures in relation to streets, parking areas, parks and parkways, pedestrian walks, waterways and other such features, and will not result in a total reduction of standards.

Article 16. - P-F Public Facilities District—Regulations.

Sec. 16.01. - Purpose of district.

This district classification is intended to be applied to properties that are properly used for, or are proposed to be used for, public purposes or for specified public utility purposes.

Sec. 16.02. - Regulations generally.

The following specific regulations and the provisions of Article 32 shall apply in all P-F districts:

(a)

Principal Permitted Uses:

1.

Public schools, parks and recreation areas, fairgrounds, civic centers and similar sites and uses, public highways, reservoir areas, historical sites and monuments.

Public utility facilities for local service.

3.

Sites and uses which the planning commission determines by written by findings are similar to the above.

4.

Uses and structures which are incidental or accessory to permitted uses.

(b)

Conditional Uses Requiring Use Permits (Major):

1.

Public and quasi-public cemeteries and similar uses.

2.

Airports, refuse disposal areas, corporation yards, sewage disposal sites.

(c)

Permitted Public Utility Uses: When the letter symbol "U" is added to the P-F symbol to create "Public Facility-Utility" districts, the following uses shall be permitted in such districts:

1.

Public utility warehouses and storage yards, pole yards, gas holders, substations, electric generating plants and transmission and distribution lines, provided that the route of any transmission line must be discussed in detail with the Planning Commission prior to acquisition of rights-of-way thereof.

2.

Public utility uses that the planning commission determines by written findings to be similar to the foregoing.

Article 17. - O-S Open Space District—Regulations.

Sec. 17.01. - Purpose of district.

This district classification is intended to be applied to properties which are found to be preserved in a natural state and/or to provide open space buffer areas in which uses are restricted to recreational, conservation or light agricultural types, and including accessory and public uses.

Sec. 17.02. - Regulations generally.

The following specific regulations and the provisions of Article 32 shall apply in all O-S districts:

(a)

Principal Permitted Uses:

1.

Measures to promote conservation of natural terrain and vegetation, and to reduce fire and erosion hazards.

2.

Riding and hiking trails, picnic sites.

3.

Public and private non-profit riding stables, parks, golf courses, tennis and swimming clubs.

4.

Crop and tree farming, grazing.

5.

Uses which the planning commission determines, by written findings, to be similar to the above.

(b)

Conditional Uses Requiring Use Permits (Minor):

1.

Living quarters for caretakers or watchmen.

Article 18. - F-W Floodway District—Regulations.

Sec. 18.01. - Purpose of district.

This district classification is intended for properties located within designated floodway areas as established by the California Reclamation Board, or to other such properties which constitute floodways, are subject to inundation, and upon which regulations are found necessary to permit the free flow of flood waters and to protect persons and property from flood hazards.

Sec. 18.02. - Regulations generally.

The following specific regulations and the provisions of Article 32 shall apply in all F-W districts and in addition be subject to the regulations as set forth in the City of Colusa Floodplain Management Ordinance No. 401.

(a)

Principal Permitted Uses:

Subject to state or federal regulations for designated floodways: grazing, crop and tree farming, and,

2.

Construction of levees and similar works for the protection or improvement of flowage and safety features.

(b)

Conditional Uses Requiring Use Permits (Major):

1.

Subject to state or federal regulations for designated floodways: Farm storage and animal and equipment shelter buildings other than residences, temporary or flood-proof recreational structures and facilities, parks, picnic areas, and uses which the planning commission finds are similar to the foregoing.

Article 19. - "A" Agricultural Combining Districts—Regulations.

Sec. 19.01. - Regulations generally.

The following uses shall be permitted and regulations shall apply in all districts which are combined "A" districts in addition to the regulations hereinbefore specified, and shall be subject to the provisions of Article 32.

Sec. 19.02. - Uses permitted.

(a)

All uses permitted in the respective district with which the "A" district is combined.

(b)

Animal husbandry and livestock farming, provided that not more than one horse, one mule, one cow, one steer, or five sheep shall be kept for each half acre of land.

(c)

Small livestock farming, provided that a use permit shall be required for the raising of more than one hundred head of either poultry or animals.

(d)

Sale of agricultural products produced on the premises, provided that no commercial structure for such purpose, other than a temporary stand, shall be permitted.

(e)

Farmworker housing.

(Ord. No. 505, § 27, 10-21-2014)

Sec. 19.03. - Uses requiring use permit (major):

(a)

Dog and cat kennel, private and commercial stables.

(b)

Dairy, poultry and rabbit slaughter and processing.

(c)

Veterinary hospital.

Sec. 19.04. - Special yards and distances between buildings.

Barns, stables, chicken houses and similar accessory buildings shall be not less than fifty feet from the front property line; not less than twenty feet from any side property line; not less than thirty feet from any dwelling.

Article 20. - "B" Special Building Site Combining District—Regulations.

Sec. 20.01. - Regulations generally.

In any district with which is a combined "B" district, the following regulations shall apply as to building site areas, depths of front yards, and widths of side yards; provided, however, that such application shall not be made in any case in which any of the following regulations are less than corresponding regulations hereinbefore specified for any district with which is a combined "B" district.

Sec. 20.02. - Special regulations.

(a)

Building Site Area Requirement: Shall be indicated by a number following the letter "B" in the district designation, which number shall represent the required area in thousands of square feet.

(b)

Side Yard Set-back Required: Ten percent of lot width on each side to a maximum requirement of fifteen feet, but in no case less than five feet for interior side yards or ten feet for side yards adjacent to streets on corner lots.

Article 21. - "CD" Special Civic District Combining District—Regulations.

Sec. 21.01. - Regulations generally.

In any district with which the "CD" district is combined, such district to be located around civic center, public parks, and public buildings and grounds as indicated upon the Zoning Map, no building permit for any proposed building or structure shall be issued until the planning commission shall have reviewed and

approved the plans for such building or structure to insure an orderly development in the vicinity of public sites and buildings within the district.

Article 21.5. - Cannabis Regulations.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 559, § 1, adopted November 21, 2023, repealed the former Art. 21.5, §§ 21.5.01 —21.5.16, and enacted a new Art. 21.5 as set out herein. The former Art. 21.5 pertained to cannabis business use regulations and derived from Ord. No. 519, adopted July 18, 2017; Ord. No. 519, § 7(Exh. A), adopted July 18, 2017; Ord. No. 519, § 7(Exh. A), adopted July 18, 2017; Ord. No. 551, § 4(Exh. A), adopted May 17, 2022.

Sec. 21.5.01. - Commercial cannabis activity and cannabis dispensaries allowable zones; regulations generally.

(a)

Commercial cannabis business facilities (cultivation, nursery, manufacturing, production, testing, microbusiness) are permitted, only upon the approval of a cannabis business special use permit issued by the city council, in the following zones:

Article 12. M-1 Light Industrial District.

Article 13. M-2 General Industrial District.

Article 14. M-L Limited Manufacturing District.

(b)

Cannabis storefront dispensaries are permitted, only upon the approval of a cannabis dispensary special use permit issued by the city council, in the following zones:

Article 12. M-1 Light Industrial District.

(c)

Upon application for a cannabis business special use permit, to be approved directly by the city council without need for a recommendation from the planning commission, the following regulations shall apply as to building type and construction, safety, and security, required permits, and other relevant provisions necessary to protect the public health, safety, and welfare. In any district where a cannabis business facility is permitted, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if a conflict in regulations occurs the regulations of this article shall govern.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.02. - Purpose and intent.

Commercial cannabis activity facilities shall be permitted, in accordance with the criteria and procedures set forth in this Code, upon application and approval of a cannabis business special use permit and a regulatory permit, pertaining to the location and operation of the facility. The regulations set forth in this Article 21.5 and Chapter 12F of the Municipal Code shall control the location and operation of a cannabis business facility.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.03. - Commercial cannabis special use permit limitations.

Prior to, or concurrently with, application for a regulatory permit, the applicant shall apply for and be issued a cannabis business special use permit as required by this article and article 33, section 33.03 of this code. Information that may be duplicative in the two applications can be incorporated by reference. The cannabis business special use permit shall run with the regulatory permit and not the land.

(a)

Initial Maximum Amount of Cannabis Dispensary Permits. Upon the effective date of this provision, the city council may issue a maximum of up to one cannabis business special use permit to a qualified cannabis dispensary. The permit shall be issued in accordance with the application and permit approval process contained in this Chapter 12D and resolutions adopted pursuant to this chapter. The cannabis dispensary must obtain a cannabis regulatory permit from the city before commencing operations, must be in compliance with all applicable state and federal laws pertaining to its operation, including obtaining all necessary licenses from the state, and shall comply with all applicable operational and zoning requirements set forth in the city of Colusa Municipal Code. Nothing in this chapter creates a mandate that the city council must issue one or more cannabis business special use permit and regulatory permit to a cannabis dispensary if the city council determines that there are no qualified applicants, the proposed locations for cannabis businesses facilities are incompatible with neighboring land uses, or if the city council determines that the issuance of a cannabis dispensary would have a negative effect on the health, safety, or welfare of the citizens or businesses of the City of Colusa, or for any other reason allowed by law.

(1)

City Council Review and Increased Maximum Number of Cannabis Dispensaries Special Use Permits to be Issued. Eighteen months after the first cannabis business special use permit for a dispensary is issued, the city manager shall deliver a report to the city council during a regular meeting which examines the positive and negative impacts that the cannabis dispensary has had on the community during the preceding eighteen months. The report shall include, among other things, an analysis of how the cannabis dispensary has complied with state and local regulations, any positive or negative community and law enforcement impacts, and any revenue generated. If after hearing the report the city council makes a determination that there were no significant consequences of allowing cannabis dispensaries to operate in the city, the city council at its sole discretion may vote to expand the number of authorized cannabis dispensary special use permits to be issued up to a maximum of two. If the city council takes no action, or finds that the impacts are unacceptable, then the maximum number and type of cannabis dispensaries authorized shall continue to be limited to one as provided in subdivision (a) above.

(b)

All Other Commercial Cannabis Facilities. The planning commission may issue permits to other qualified commercial cannabis activity owners or operators to operate cannabis cultivation, manufacturing, distribution, transporting, or testing laboratory businesses within the City of Colusa through the application and permit approval process contained in this article (21.5), and resolutions adopted pursuant to this chapter. All commercial cannabis facilities must obtain a cannabis regulatory permit and certification of occupancy from the city before commencing operations, must be in compliance with all applicable state and federal laws pertaining to its operation, including obtaining all necessary licenses from the state, and shall comply with all applicable operational and zoning requirements set forth in the City of Colusa Municipal Code. Nothing in this chapter creates a mandate that the planning commission or the city council must issue one or more cannabis special use permit to a cannabis cultivator, manufacturer, distributor, transporter, or testing laboratory if the planning commission or the city council determines that there are no qualified applicants, the proposed locations for cannabis facilities are incompatible with neighboring land uses, or if the planning commission or the city council determines that the issuance of a cannabis special use permit would have a negative effect on the health, safety, or welfare of the citizens or businesses of the City of Colusa, or for any other reason allowed by law.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.04. - Commercial cannabis facilities.

Cannabis business facilities permitted under this article include facilities where cannabis is manufactured into cannabis products, tested, distributed, and may also include the associated activities of planting, growing, harvesting, trimming, grading, transporting, and legal retail sales that holds a valid cannabis business special use permit pursuant to this article, and a regulatory permit as required by this Code, subject to the provisions of the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83), the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, the Medical Marijuana Regulation and Safety Act (AB 243, AB 266, and SB 643), and all statutes and regulations promulgated to implement the AMUA, and any other state laws pertaining to cultivating cannabis.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.05. - Definitions.

"Applicant" means an owner that is applying for a city- and state-issued license.

"Business owner" means the owner(s) of the cannabis operation. An owner of the commercial cannabis business operation includes all of the following:

(1)

A person with an aggregate ownership interest of twenty percent or more in the commercial cannabis business, unless the interest is solely a security, lien, or encumbrance. For purposes of this section, "aggregate" means the total ownership interest held by a single person through any combination of individually held ownership interests in a commercial cannabis business activity and ownership interests in an entity that has an ownership interest in the same commercial cannabis business operation. For example,

a person who owns ten percent of the stock in a commercial cannabis business as an individual shareholder and one hundred percent of the stock in an entity that owns ten percent of the stock in the same commercial cannabis business has a twenty percent aggregate ownership interest in the commercial cannabis business.

(2)

An individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:

(A)

A member of the board of directors of a nonprofit.

(B)

A general partner of a commercial cannabis business that is organized as a partnership.

(C)

A non-member manager or managing member of a commercial cannabis business that is organized as a limited liability company.

(D)

The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.

(E)

The chief executive officer, president or their equivalent, or an officer, director, vice president, general manager, or their equivalent.

"Cannabis" or "marijuana" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "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 article, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. Cannabis and marijuana may be used interchangeably but shall have the same meaning.

"Commercial cannabis activity" or "cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of

cannabis and cannabis products in accordance with the definition in California Business and Professions Code Section 26001.

"Cannabis business" or "cannabis facility" means a cannabis business facility permitted under this chapter where commercial cannabis activity occurs and cannabis is manufactured into cannabis products, tested, and distributed, and may also include the associated activities of planting, growing, harvesting, trimming, and grading, and transporting, as further defined in section 21.5.04 above, but does not include storefront dispensaries, delivery only dispensaries, or cannabis microbusinesses.

"Cannabis business regulatory permit" or "regulatory permit" means the permit required under this article and Chapter 12F of this Code to operate a cannabis business facility, or to undertake any subcomponent of cannabis business which is done within the cannabis business facility by a subcontractor or tenant of the holder of a cannabis business special use permit.

"Cannabis dispensary special use permit" means a use permit issued by the City of Colusa pursuant to this section to a cannabis dispensary and is required before any cannabis dispensary activity may be conducted in the city.

"Cannabis Operation" means any and all cannabis business facilities permitted under this article where cannabis activity occurs, as defined in section 21.5.01.

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

"City" or "City of Colusa" means the City of Colusa, a California general law city.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis and cannabis productions in accordance with the definition in California Business and Professions Code Section 26001.

"Cultivation" and "commercial cultivation" are defined as: "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including medical marijuana; and "commercial cultivation" means only state-licensed indoor facilities for cannabis cultivation consisting solely of processing (drying, curing, trimming, and packaging of) cannabis flower (corresponding with State CDFA Cultivation License Type for "Processor") or nursery operations (corresponding with State CDFA Cultivation License Type for "Nursery")

"Delivery" means the commercial transfer of cannabis or cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUSCRA (as the same may be amended from time-to-time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.

"Delivery only cannabis dispensary" or "delivery only retail cannabis business" means a dispensary that does not have a storefront sales facility open to the public for retail sales.

"Dispensary" or "retail cannabis business" means a cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis, and cannabis products as part of a retail sale.

"Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

"Indoor" means within a fully enclosed and secure structure, including any attached or detached accessory structure, that complies with Colusa Municipal Building Code. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors and may be constructed of any approved building materials.

"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.

"Marijuana" means "cannabis," as that term is defined in this chapter.

"Medical cannabis," "medical marijuana," "medical cannabis product" or "medical cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time). For purposes of this chapter, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. The term "manufacture" includes the following processes:

(A)

Extraction;

(B)

Infusion;

(C)

Packaging or repackaging of cannabis products;

(D)

Labeling or relabeling the packages of cannabis products;

(E)

Post-processing refinement of cannabis extract ("post-processing"); and

(F)

Remediation of failed harvest batches or cannabis product batches, other than relabeling to correct cannabinoid content.

The term "manufacture" does not include the processes and activities listed in California Code of Regulations, Title 17; Division 1; Chapter 13. Manufactured Cannabis Safety; Subchapter 1. General Provisions and Definitions; Article 1. Definitions; section 40100. Definitions, subpart (dd)(2).

"Manufacturing" or "manufacturing operation" means all aspects of the extraction process, infusion process, post processing, remediation, and packaging and labeling processes, including processing, preparing, holding, and storing of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

"MAUCRSA" means the provisions of the Medicinal and Adult Use of Cannabis Regulation and Safety Act as set forth in Sections 5 and 7 of Article XI of the California Constitution and the Cal Bus & Prof Code Section 26000 et seq.

"Microbusiness" means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and a retailer.

"Non-commercial and recreational marijuana activity" means all uses not included within the definitions of cannabis business and cannabis dispensary, including the personal use, cultivation, or consumption of marijuana, whether medical or recreational.

"Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

"Operator" means the business owner and any other person designated by the business owner as responsible for the day-to-day cannabis operations.

"Ordinance" means the ordinance adopting this article, and including the terms of this article, which may be commonly referred to as the city's "cannabis ordinance".

"Outdoor" means any location that is not indoor within a fully enclosed and secure structure and includes shade structures.

"Chief of police" means the police chief of the City of Colusa or his or her designee.

"Premises" or "site" means the designated structure(s) and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

"Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

"Premises owner" means the fee owner(s) of the premises where cannabis operations are occurring.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling, in accordance with the definition in California Health and Safety Code Section 11362.2.

"Process," "processing," and "processes" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.

"Responsible party" shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis operations.

"Testing laboratory" or "Lab/Lab testing" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.06. - Minimum operational requirements and restrictions.

The following operational requirements and restrictions shall apply to all commercial cannabis businesses and cannabis dispensaries, also referred to herein as cannabis operations:

(a)

The Act and Other State Laws. The cannabis operations shall at all times be in compliance with the MAUCRSA and the implementing regulations, as they may be amended from time to time, as well as all required state license(s) under the MAUCRSA, and any other applicable state law.

(b)

Marijuana and Cannabis Products Consumption. No marijuana or cannabis products shall be smoked, ingested, or otherwise consumed on the premises. Adequate signage of this prohibition shall be displayed throughout the facility.

(c)

Alcoholic Beverages. No cannabis operation shall hold or maintain a retail license from the state department of alcohol beverage control to sell alcoholic beverages or operate a business that sells alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.

(d)

Transportation. Transportation shall only be conducted according to activity permitted by state law.

(e)

Non-Cannabis Business Activity. No non-commercial or recreational marijuana activity shall occur on the premises.

(f)

Retail Sales. Storefront retail sales and non-storefront delivery only retail sales of any cannabis product are expressly prohibited without a valid city-issued cannabis dispensary regulatory permit and cannabis dispensary special use permit.

(g)

Minors. It shall be unlawful for any operator to employ any person who is not at least eighteen years of age, or any older age if set by the state.

(h)

Distance Separation from Schools. Cannabis operations shall comply with the distance separation requirements from schools as required by state law. In addition, a cannabis business operation shall not be located within one thousand two hundred feet from any existing school or proposed school site as identified in the general plan. Measurements shall be from the property boundary to property boundary. For purposes of this article, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

(i)

Building and Related Codes. The cannabis operation shall be subject to the following requirements:

1.

The premises in which the cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.

2.

The responsible party shall ensure that the premises have sufficient electrical load for the cannabis operations.

3.

Butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Colusa Fire Department shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.

4.

The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the cannabis operations.

The operator shall comply with all environmental laws and regulations pertaining to the cannabis operations, including the use and disposal of water and pesticides, and shall otherwise use best practices in the handling and application of pesticides to avoid environmental harm.

(j)

Odor Control. Cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is minimized to the greatest extent practical outside the premises, outside the building housing the cannabis operations, or anywhere on adjacent property or public rights-of-way. As such, cannabis operations must install and maintain the following equipment or any other equipment which the city's building official determines has the same or better effectiveness:

1.

An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or

2.

An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are minimized outside the cannabis facility.

3.

A city issued certificate of occupancy approving installed odor absorbing ventilation, proper exhaust air filtration, and any other odor control equipment, is required before cannabis operations commence.

(a)

Any cannabis operation that was existing, open, and operating within the city as of December 1, 2017, must file an application with the city for a certificate of occupancy. The certificate of occupancy constitutes a revocable privilege, which shall be subject to revocation/suspension of any issued cannabis special use permits.

(k)

Consumable Products. Cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain the appropriate approvals from the state department of public health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.

(l)

Secure Building. All cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures, and include material strong enough to prevent entry except through an open door. The precise building

construction and material to be used shall be identified and provided to the city prior to construction and provided with the application.

(m)

Premises Security. The following security conditions shall apply:

1.

Alarm system (both perimeter, fire, and panic).

2.

Remote monitoring of alarm systems.

3.

Perimeter lighting systems (motion sensor) for after-hours security.

4.

Perimeter security and lighting as approved by the police chief and community development director.

5.

Use of drive gates with card key access or similar to access the facility.

6.

Entrance areas to be locked at all times, and under control of a designated responsible party.

7.

Use of access control systems to limit access to growing and processing areas.

8.

Exterior and interior camera systems approved by the police chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points of the site from the interior, and be of a minimum five mega pixels in resolution.

9.

All security systems at the site must be attached to an uninterruptible power supply that provides twentyfour hours of continuous power.

10.

Security patrols by a recognized security company licensed by the California department of consumer affairs or otherwise acceptable to the police chief, in a time, place and manner to the satisfaction of the

police chief. All current contact information regarding the security company shall be provided to the police chief.

11.

Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

12.

Electronic track and trace systems for cannabis products as approved by the police chief.

13.

Premises may be inspected, and records of the business owner audited by the city for compliance on a quarterly basis.

14.

State-of-the-Art network security protocols and equipment need to be in place to protect computer information.

15.

The foregoing requirements shall be approved by the police chief prior to commencing operations. The police chief may supplement these security requirements once operations begin, subject to review by the city council if requested by the business owner.

(n)

The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public. The premises of the cannabis business shall not be maintained in a manner that causes a public or private nuisance.

(o)

Cannabis business operations permitted by this article shall only be allowed in the specific areas designated on the diagram and floor plan of the premises submitted with the application for the regulatory permit under Chapter 12F. The cannabis business shall not operate at any place other than the address of the cannabis operation stated in the regulatory permit.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.07. - Deliveries of supplies and transportation of cannabis products to cannabis businesses and dispensaries.

The following rules apply to deliveries and transportation:

(a)

Receiving of transported supplies to the premises of a cannabis business or dispensary shall only occur at the location shown on the diagram and floor plan on file with the city as part of the regulatory permit application. Delivery vehicles shall not have any markings indicating that deliveries are being made to a cannabis operation.

(b)

The transportation of cannabis samples and product to and from a cannabis business or dispensary shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the police chief.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.08. - Additional operational requirements and restrictions for cannabis businesses.

(a)

Signage. There shall be no signage or markings on the premises, or off-site, which in any way evidence that cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.

(b)

Public Access. There shall be no general unescorted public access to the premises of a cannabis business.

(c)

Hours of Operation. Cannabis business shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.09. - Additional operational requirements and restrictions for cannabis dispensaries and microbusiness.

(a)

Hours of Operation. Storefront cannabis dispensaries or cannabis microbusinesses may be open for access to the public only between the hours of 8:00 a.m. and 8:00 p.m. Monday through Sunday. Delivery only cannabis dispensaries may operate only during the hours specified in the business's cannabis dispensary use permit if any. If no specific hours of operation are stated in the delivery only use permit or regulatory permit, the delivery only dispensary shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.

(b)

Signage shall be considered and approved with the cannabis special use permit.

(c)

No person or entity shall operate a cannabis dispensary within the City of Colusa without first obtaining a cannabis dispensary regulatory permit from the city. The regulatory permit shall be site specific and shall specifically identify the cannabis dispensary activities that will be allowed at that site. No cannabis dispensary activities will be allowed unless specifically identified in the regulatory permit.

(d)

Cannabis dispensaries shall comply with all requirements and shall be subject to all of the regulations set forth in this section, and sections 21.5.11 through 21.5.15 below.

(e)

The cannabis dispensaries shall prohibit on-site smoking, ingestion, or consumption of cannabis on the premises of the retail cannabis operation.

(f)

The term "premises" as used in this section includes the actual building of the retail cannabis business, as well as any accessory structures, parking areas, and the entire real property on which the retail cannabis business is situated.

(g)

Physician services shall not be provided on the premises.

[(1)]

The premises and building in which the retail cannabis operation is located, as well as the operations conducted therein, shall fully comply with all applicable building codes, all applicable State and Federal environmental laws, the Americans with Disabilities Act, the Act, program and guidelines; and the MAUCRSA, as may be amended from time to time.

(h)

A cannabis dispensary shall ensure that the limited-access areas can be securely locked using commercialgrade, nonresidential door locks. A licensee shall also use commercial-grade, nonresidential door locks on all points of entry and exit to the licensed premises.

(i)

Cannabis dispensary premises shall be alarmed with an alarm system that is operated and monitored by a properly licensed security company.

(j)

The cannabis dispensary shall hire or contract for security personnel who are at least twenty one years of age to provide on-site security services during hours of operation. Security personnel must be in uniform and readily identifiable. No security personnel shall be operating in an "undercover" capacity without prior notification to law enforcement. All security personnel shall be in possession of a state-mandated guard card and relevant endorsements as well as acquire a City of Colusa live scan identification.

(k)

All retail activity shall occur within a separate Cannabis dispensing area. No customers, qualified patients and/or primary caregivers shall be permitted to enter the dispensing area until proper identification is presented to the retail cannabis business staff. The entrance to the cannabis dispensing area and any storage areas shall be secured at all times, and under the control of cannabis dispensary staff;

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.10. - Cannabis business regulatory permit.

No person or entity shall operate a cannabis business within the City of Colusa without first obtaining a cannabis business regulatory permit from the city as set forth in Chapter 12F of the Municipal Code. The regulatory permit shall be site specific and shall specifically identify the cannabis business activities that will be allowed at that site. No cannabis business activities will be allowed unless specifically identified in the regulatory permit. In addition, all persons or entities who undertake any subcomponent of the cannabis business operations or processes performed as a subcontractor or tenant of the holder of a cannabis business special use permit within the cannabis business facility shall first obtain a cannabis business regulatory permit from the city.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.11. - Fees and taxes.

All cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:

(a)

City Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes pertaining to business licensing.

(b)

Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the feel shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.

(Ord. No. 559, § 1, 11-21-2023)

(a)

The responsible party shall make and maintain complete, accurate and legible records of the permitted cannabis operations evidencing compliance with the requirements of this article. Accounting and

transaction records shall be maintained for a minimum of five years. Security surveillance system records shall be kept for a minimum of one year.

(b)

On or before the tenth day of each month, the responsible party shall submit a production and sales report to the city manager or designee disclosing all products manufactured, acquired, sold, and/or distributed by the permitted cannabis operations listed by type of product for the prior month of operations.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.13. - Inspection.

Cannabis business operations shall be open for inspection by the city manager or their designee, any city law enforcement officer or city code enforcement officer at any time the cannabis business is operating, at any other time upon responding to a call for service related to the property where the cannabis operation is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis business shall be made immediately available to the police chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.14. - Insurance.

(a)

The business owner shall at all times carry a comprehensive general liability policy in the minimum amount of one million dollars combined single limit policy, as shall protect the business owner and city from claims for such damages, and which policy shall be issued by an "A" rated insurance carrier. Such policy or policies shall be written on an occurrence form. The city manager, in consultation with city's risk manager, may allow the business owner to obtain lesser amounts of insurance where multiple business owners are operating on the premises, provided at all times the minimum insurance set forth herein is applicable to the cannabis operations.

(b)

The business owner shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the city setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the city and its respective officers, agents, employees, and volunteers, as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, or termination of the coverage at least thirty days in advance of the effective date of any such material change, cancellation, or termination.

(c)

Coverage provided hereunder by the business owner shall be primary insurance and not be contributing with any insurance maintained by the city, and the policy shall contain such an endorsement. The insurance

policy or the endorsement shall contain a waiver of subrogation for the benefit of the city.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.15. - Commercial cannabis violations; enforcement.

(a)

Any person that violates any provision of this article 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 a violation thereof, and shall be penalized accordingly.

(b)

Any use or condition caused or permitted to exist in violation of any of the provisions of this article shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to the City of Colusa Municipal Code.

(c)

Any person who violates, causes, or permits another person to violate any provision of this article commits a misdemeanor.

(d)

The violation of any provision of this article 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.

(e)

In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this article may be subject to an administrative fine of up to one thousand dollars for each violation and for each day the violation continues to persist.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.16. - Severability.

The provisions of this article are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this article or of the regulatory permit issued to implement this article, or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.17. - Personal cultivation allowable zones.

Personal cannabis cultivation for medical or adult use shall follow the provisions of all zoning districts and allowable uses and shall be subject to the following standards and limitations.

(Ord. No. 559, § 1, 11-21-2023)

(a)

Medical and Personal Cultivation. An adult person twenty-one years of age or older shall be allowed to cultivate and process cannabis for personal use within his/her primary residential dwelling in compliance with the standards established by this section including limitations. The cultivation of cannabis is limited to no more than six plants per parcel regardless of the number of residents.

(b)

Residency Requirement. Cultivation of cannabis for personal use may occur only by the individual responsible for the cultivation.

1.

Any individual cultivating cannabis on a legal parcel for which the individual is not the legal owner must obtain signed written permission from the legal owner(s) or landlord consenting to the cultivation of cannabis on the property, and present upon request to the city manager or their designee.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.19. - Personal indoor and outdoor cultivation.

Cannabis cultivation is permitted only on parcels with residential units where the owner of the personal grow resides full-time. Only one personal grow is allowed per person and such person shall not participate in personal cannabis cultivation in more than one location within the city. Cannabis cultivation activities may only occur within a residential unit, garage or fully enclosed and secure structure that is secured and locked. From the public right-of-way, there shall be no exterior evidence of cannabis cultivation.

(a)

The following operating requirements are applicable to personal cannabis cultivation:

1.

Visibility. No visible markers or evidence indicating that cannabis is being cultivated on the site shall be visible from the public right-of-way at street level, or from school property.

2.

Security. Cannabis cultivation areas and structures used for cultivation shall be fenced and locked to prevent access by children or other unauthorized persons.

3.

Prohibition of Volatile Solvents. The use of volatile solvents to manufacture cannabis products or personal consumption is prohibited.

All structures used for personal cannabis cultivation (not limited to accessory structures, greenhouses, and garages) must be legally constructed with all applicable building and fire permits (not limited to grading, building, electrical, mechanical, and plumbing) and shall adhere to the development standards within the zone.

5.

Lighting. Interior and exterior lighting shall utilize best management practices and technologies for reducing glare, light pollution, and light trespass onto adjacent properties and the following standards:

(a)

Interior light systems shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.

6.

No personal use cannabis cultivated under this chapter shall be distributed to any person other than the personal use cultivator.

7.

Noise. Use of air conditioning and ventilation equipment shall comply with the city's noise control ordinance. The use of generators is prohibited, except as short-term temporary emergency back-up systems.

8.

If the cultivation occurs in a dwelling the dwelling unit shall be occupied as a residence and always retain legal and functioning cooking, sleeping and sanitation facilities.

9.

If the cultivation occurs in a dwelling unit or other enclosed structure, a portable fire extinguisher that complies with regulations and standards adopted by the state fire marshal shall be kept in the area of cultivation.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.05.20. - Personal cultivation violations, enforcement.

In the discretion of the enforcement officer, any person violating the provisions of Chapter 12E shall be issued an administrative citation pursuant to Colusa Municipal Code Chapter 12C. Each such violation shall be deemed a separate offense. This section provides a civil penalty remedy that is in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this Chapter.

(Ord. No. 559, § 1, 11-21-2023)

Article 22. - "F" Special Highway Frontage Combining District—Regulations.

In any district with which is combined with any "F" district, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 22.02. - Special regulations.

(a)

A front yard set-back of not less than twenty feet shall be required in the district with which the "F" district is combined.

(b)

Screen planting or fencing of permitted commercial uses of open land shall be required as a condition to the granting of a use permit in each particular case.

(c)

No outdoor advertising signs or structures shall be permitted except such signs or structures which pertain directly to permitted commercial uses; and which do not exceed two square feet of area for each lineal foot of lot frontage for all such signs or structures for any one use.

(d)

Directional and informational signs of not more than six square feet may be permitted upon the securing of a use permit in each particular case.

Article 23. - "FP" Special Floodplain Combining District—Regulations.

Sec. 23.01. - Regulations generally.

In any district with which is combined an "FP" district, the regulations of this article shall apply in addition to those hereinbefore specified for such districts, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 23.02. - Special provisions.

(a)

Crop and tree farming and truck gardening, and buildings and structures directly related to the permitted agricultural use of the land may be permitted without requirement for a use permit.

(b)

Other uses and structures otherwise permitted in the district may be permitted only upon the securing of a use permit in each particular case and shall comply with the City of Colusa Floodplain Management Ordinance No. 401.

Article 24. - "H" Special Height Combining District—Regulations.

In any districts with which is combining an "H" district, the following special height regulations otherwise provided for:

Sec. 24.01. - Special height regulations.

(a)

The special maximum height regulations shall be indicated by the symbol "H" followed by a numerical figure, which figure shall represent the maximum permitted height in feet measured from the average elevation of the ground area to be covered by a particular building or structure.

(b)

In cases, where the "H" district is created to provide protection against airport hazards in an airport hazard area, the following shall apply:

1.

The symbol "AV" shall be added to the district symbol.

2.

The special height limit shall apply to all buildings and structures and to all trees and other objects of natural growth.

3.

The special height limit shall be measured from datum elevation which shall be the established elevation of the end of the airport closest to the particular airport hazard area district.

Article 25. - "P" Special Parking Combining District—Regulations.

Sec. 25.01. - Regulations generally.

In any district with which is combined a "P" district the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 25.02. - Minimum parking and loading requirements.

There shall be provided at the time of the erection of any main building or structure is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard size automobiles as follows:

(a)

Private Space or Garages for Dwellings: There shall be at least one permanently maintained parking space or a private garage space on the same lot with the main building or the enlargement of a main building, for each dwelling unit in the case of a new building or for each dwelling unit added to an existing building. Such parking space shall not be less than ten feet wide, twenty-four feet long, and seven feet high.

(b)

For Buildings Other than Dwellings: For a new building or structure or for the enlargement or increase in seating capacity, floor area or guest rooms of any existing main building or structure, there shall be at least parking space of not less than one hundred forty-four square feet net area as follows:

1.

For church, high school, college or university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly at least one parking space for every six seats provided in the main assembly hall in such building or structure.

2.

For hospitals and welfare institutions, at least one square foot of parking space for every one square foot of ground area covered by said building.

3.

For hotels, apartment hotels and clubs, at least one parking space for each of the first six individual guest rooms or suites: one additional parking space for every four guest rooms in excess of six but not exceeding twenty; and one additional parking space for every three guest rooms or suites in excess of twenty guest rooms or suites, provided in said building.

4.

For motels, at least one parking space for each individual unit.

5.

For business or commercial buildings or structures having a floor area of fifteen hundred square feet or more, at least one square foot of a parking space for each square foot of floor area on the ground floor, and one square foot of parking space for every two square feet of floor space on the upper floors.

6.

For industrial buildings or structures having a floor area of two thousand square feet, or more, at least one parking space for each five employees.

Sec. 25.03. - Location of spaces; execution of restrictions and covenants.

Parking space as required above shall be on the same lot with main building or structure or located not more than four hundred feet from the property line of the property housing the main building. To insure the perpetuation of the parking space requirements herein, the owner and/or owners of the same lot or lots with the main building, buildings, structure or structures, and the owner and/or owners of the parking space

d above shall be on the same lot with main building or structure or located not more than four hundred feet from the property line of the property housing the main building. To insure the perpetuation of the parking space requirements herein, the owner and/or owners of the same lot or lots with the main building, buildings, structure or structures, and the owner and/or owners of the parking space

shall execute a declaration of restrictions and covenants covering said lot or lots and parking space on forms and prescribed by the planning department setting aside the required space for parking only, which restrictions and covenants may be waived only by the consent of the owner or owners of more than onehalf of the said lot or lots and parking space and the consent of the planning director.

Sec. 25.04. - Loading space requirements.

Every hospital, institution, hotel, commercial or industrial building hereafter erected or established on a lot which abuts upon an alley or is surrounded on all sides by streets, shall have one permanently maintained loading space of not less than ten feet in width, twenty feet in length, and fourteen feet in height, for each four thousand square feet of lot area upon which said building is located; provided, however, that not more than two such spaces shall be required on any lot.

Article 26. - "O" Special Divided Ownership—Regulations.

Sec. 26.01. - May be used in "R-2" district.

The "O" Special Divided Ownership; may be used within an "R-2" two-family residence district.

Sec. 26.02. - Additional provisions.

(a)

Any lot in an "R-2-O" district which conforms to the provisions of this section may be divided into two substantially equal parcels, provided that such division is incidental and directly related to a legal division of a two-family dwelling existing or under construction on the lot into two separate and complete dwelling units, and provided further that such division be by survey and the map thereof be recorded.

(b)

Uses permitted in "O" district shall be two-family condominium. "Condominium" as used herein means a condominium as defined in Section 783 of the Civil Code of California and subject to the provisions of Sections 1350 to 1359, inclusive, of the Civil Code of California.

(c)

Minimum lot width shall be: seventy feet for interior lot and seventy feet for corner lots.

(d)

Minimum lot area shall be: Six thousand square feet.

(e)

Front Yard Set-back: Twenty feet.

(f)

Side Yard Set-back:

Each interior side yard shall be not less than five feet on one side and ten percent of the lot width on the other side, but the total of both need not exceed fifteen feet.

2.

The side yard on the street side of a corner lot shall be not less than fifteen percent of lot width, but the total of both need not exceed fifteen feet.

(g)

Rear Yard Set-back: Twenty per cent of the lot depth and may not be less than fifteen feet, but need not exceed thirty feet.

(h)

Building Height Limit: Two and one-half stories, but not exceeding thirty-five feet.

(i)

Split Structure Only: At no time after split of a two-family dwelling may any structure other than one twofamily dwelling be constructed upon parcels so divided.

Article 27. - "A-O" Special Adult-Oriented Combining District—Regulations.

Sec. 27.01. - Purpose.

(a)

It is the intent of this article to protect the health and welfare of the citizens of the City of Colusa, and to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or in proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

In any district with which is combined any "A-O" district, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 27.02. - Definitions.

(a)

Establishment of an Adult-Oriented Business: As used herein, to "establish" any adult-oriented businesses shall mean and include any of the following:

1.

The opening or commencement of any adult-oriented business as a new business.

2.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

3.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4.

The relocation of any such adult-oriented business.

(b)

Specified anatomical areas: As used herein, "specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

3.

Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

(c)

Specified sexual activities: As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, female breast, or male chest/stomach area,

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated;

4.

Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.

(d)

Adult-Oriented Businesses: "adult-oriented businesses" means any one of the following:

1.

Adult Arcade: The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, VCR's, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas.

2.

Adult bookstore: The term "adult bookstore" as used in this chapter, is an establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3.

Adult cabaret: The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which:

a.

Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and

b.

Which regularly feature persons who appear semi-nude; and/or

c.

Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an

emphasis upon the depiction or description or specified sexual activities or specified anatomical areas.

4.

Adult hotel/motel: The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

a.

Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas; and

b.

Rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

5.

Adult motion picture theater: The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6.

Adult theater: The term "adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7.

Modeling studio: The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group or artists, and which does not provide, permit, or make available "specified sexual activities."

(e)

Church: The term "church" as used in this article, is a structure which is used primarily for religious worship and related religious activities.

(f)

Distinguished or characterized by an emphasis upon: As used in this ordinance, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description or specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App. 3d 151 (1981).

(g)

Regularly features: The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(h)

School: The term "school" as used in this ordinance, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university.

(i)

Semi-nude: Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(j)

Park: Means any public, local, state, or federal park, greenbelt, recreational area, baseball/softball field, athletic field, tennis courts, wildlife area, or other area established for public gatherings or recreation.

Sec. 27.03. - Special regulations.

This district classification is intended to be applied when adult-oriented businesses, as defined herein, request to be located within the City of Colusa. The following specific regulations shall apply:

(a)

Uses permitted in an "A-O" Special Adult-Oriented Combining District shall be as follows: Adult-oriented businesses set forth in Section 27.02(d) which are at certain distances from certain specified land uses or zones as set forth below:

1.

A minimum of a five hundred foot radius be provided between the "adult-oriented business use" and any existing church, school, public or private day care facility, licensed or private school, public or private recreational park or residence.

2.

No such business shall be established or located, or within a five hundred foot radius of any other adultoriented business.

The distances set forth above shall be measured as a radius from the primary entrance of the adultoriented business to the property lines of the property so zoned or used without regard to intervening structures.

(b)

The "A-O" use shall be required to apply for and obtain an adult-oriented business regulatory permit (AOBRP). Since an adult-oriented business regulatory permit (A-OBRP) is a "discretionary project" under the California Environmental Quality Act (CEQA), granted or not, an environmental determination must be made requiring either a negative declaration or an environmental impact report (EIR) to be prepared.

(c)

Hours of operation shall be from 6:00 A.M. to 2:00 A.M.

(d)

Off-street parking shall be required as for restaurants or as determined by the Planning Commission as stated in Article 29 of the City of Colusa Zoning Ordinance as a condition of the adult-oriented business regulatory permit (A-OBRP).

(e)

Signage shall be in accordance with Article 31 of the City of Colusa Zoning Ordinance.

Sec. 27.04. - Amortization of nonconforming adult-oriented business uses.

(a)

Any use of real property existing on the effective date of this ordinance, which does not conform to the provisions of Article 27, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for five years after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council planning commission in accordance with the provisions of Article 27.

1.

Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in loss of legal non-conforming status of such use.

2.

Amortization-annexed property: Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provision of Article 27 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the city council/planning commission in accordance with the provisions herein.

(b)

Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use.

1.

Time and manner of application: An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the City of Colusa planning department at least ninety days but no more than one hundred eighty days prior to the time established herein for termination of such use.

2.

Content of application; fees: The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3.

Hearing procedure: The city council shall appoint a commission or hearing officer to hear the application. The application shall be set for hearing within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. Appeal from any decision of the commission or hearing officer may be made in writing to the city council within ten days from the date of the commission or hearing officer's decision. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council. The decision of the council shall be final and subject to judicial review.

4.

Approval of extension; findings: An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the planning

commission makes all of the following findings or such other findings as are required by law:

a.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this ordinance.

b.

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this section.

Article 28. - Fire Zones.

Sec. 28.01. - Purpose.

For the purpose of decreasing the hazard from fire and for the protection of property therefrom, the City of Colusa is hereby declared to be, and is hereby established a fire district, and said fire district is divided into two zones designated fire zones two and three.

Sec. 28.02. - Fire zone two.

Fire zone two shall include all areas in the city designated R-3 Neighborhood Apartment district, R-4 General Apartment district, C-G General Commercial district, C-N Neighborhood Business district, C-G-F General Commercial district (Special Highway Frontage District), M-1 Light Industrial district, M-2 General Industrial district and M-L Limited Industrial district as said districts are defined and specified in the Colusa Zoning Ordinance and amendments thereto.

Sec. 28.03. - Fire zone three.

Fire zone three shall include all areas in the city designated R-1 Single Family Residence district and R-2 Two Family Residence district, as said districts are defined and specified in the Colusa Zoning Ordinance and amendments thereto.

Sec. 28.04. - Zone subject to provisions of building code.

Buildings or structures hereafter erected, constructed, moved within or into any of the foregoing fire zones shall be subject to the provisions and restrictions set forth in the Uniform Building Code, as adopted by the City of Colusa.

Sec. 28.05. - Fire zone designations.

Fire zones in the following zoning districts shall be designated by the city council in consideration of fire safety standards and recommendations of the fire chief and building official in each particular case, and such fire zone designations shall be shown on the Colusa Zoning Map whenever it is amended to establish any of the said zoning districts, which are:

PD—Planned Development Districts.

P-F—Public Facilities Districts.

O-S—Open Space Districts.

F-W—Floodway Districts.

Article 29. - Off-Street Parking Requirements.

Sec. 29.01. - Parking requirements.

At the time of the erection of any building or structure hereinafter listed, or at the time any such building or structure is enlarged, or its capacity is increased, or the existing use is intensified, modified, or changed, and the cost of construction of said enlargement or intensification is fifty percent or more than the value of the original building or structure as computed by multiplying by four the Colusa County assessor's current assessed valuation of said original building or structure, there shall be provided for new construction, enlargement or increased capacity and for the original building or structure the minimum off-street parking space for the total thereof, together with adequate provisions for safe ingress and egress, and such parking space shall at all times thereafter be maintained in connection with such building or structure. Any fractional space shall constitute one additional required space. For example, if computed requirements equal 9.2 spaces, ten spaces shall be required.

EXCEPTION: Presently zoned and developed commercial property is exempt from parking requirements as herein set forth.

In the event the enlargement or increase in capacity or intensification of use of an existing building or structure has a cost of less than fifty percent of four times the Colusa County Assessor's assessed value of the original building or structure, in such case only the minimum off-street parking space specified herein for such enlargement, increase in capacity or intensification of use shall be required, and the property owner shall not be required to bring the off-street parking requirements for the existing building up to existing Code requirements:

times the Colusa County Assessor's assessed value of the original building or structure, in such case only the minimum off-street parking space specified herein for such enlargement, increase in capacity or intensification of use shall be required, and the property owner shall not be required to bring the off-street parking requirements for the existing building up to existing Code requirements:

(Ord. No. 505, § 28, 10-21-2014)

Sec. 29.02. - General conditions modifying minimum off-street parking requirement.

(a)

Where adjoining parcel owners wish to cooperate in the establishment and operation of joint parking facilities in situations where the maximum parking demands are generated at different times by the established uses, application may be made to the planning director for a minor use permit to combine facilities and to thereby reduce the total number of off-street parking spaces required.

(b)

Where a motel use includes ancillary restaurant, bar, and convention facility uses, upon an appropriate showing and application, the planning director may, by minor use permit, reduce the combined off-street parking space requirement up to maximum of fifty percent of the off-street parking required for ancillary uses only.

(c)

Recognizing that each type of industrial development generates a different off-street parking need, the planning commission may, upon an appropriate application and an adequate showing, by use permit, reduce the off-street parking requirement from the minimum established above. Parking spaces waived by such procedures shall remain either in landscaped area or in unimproved open space in order to insure that additional parking space areas would be available for development if the industrial use were intensified subsequently.

(d)

It is recognized that certain uses may be unique in their parking demands, and that certain locations within a given zone may, as a result of existing developed areas within the zone, have unique traffic congestion or on-street parking problems, which for new developments require off-street parking greater in quantity than the minimums set forth above. In those cases in which such facts exist and in which the proposed improvement or use requires a minor use permit, the planning director shall have the power to impose offstreet parking space requirements greater than those set forth as minimums hereinabove.

(e)

Where the site for the proposed use or development cannot satisfactorily provide all of the required offstreet parking spaces, for the proposed use or development, upon appropriate application and an adequate showing, the planning commission may, by use permit, permit the minimum off-street parking requirements to be satisfied by the provision of off-site, off-street parking facilities, provided that such facilities are located within not more than four hundred feet from the site of the proposed use or improvement.

(f)

By minor use permit the planning director may waive the requirement that covered parking spaces be located on the rear one-half of the lot where adequate evidence is submitted that location elsewhere would not injure adjoining properties and that location on the rear half of the lot is not feasible or practicable in connection with a compatible designed use permitted within the zone in which the lot is located.

(g)

By minor use permit the planning director may reduce off-street parking spaces required on a gross floor area basis if that floor area can be shown to be used strictly as common use such as corridors, utility rooms, restrooms and similar areas.

Sec. 29.03. - Off-street parking requirements for general service hospitals.

At the time of construction of any general service hospital, or at the time any general service hospital is enlarged, or increased in capacity, or where the use is intensified by the addition of floor space, or bed space, there shall be provided for such new construction, enlargement or increased capacity one parking space for every four beds, plus one parking space for every four employees.

Sec. 29.04. - Minimum parking specifications.

All off-street parking and garage spaces and access thereto required by the provisions of this chapter shall be improved and maintained in accordance with the following requirements. The following provisions of this paragraph shall not apply to areas used solely for display or as sales areas for such products as boats, trailers, automobiles, trucks and heavy equipment.

(a)

Such spaces and access shall be either in an enclosed garage or carport or open surfaced storage area, and if used in conjunction with or accessory to commercial, industrial, professional office or multiple

dwelling uses shall be paved with chips and seal coat, or asphalt concrete or concrete paving, and shall have adequate draining and grading as approved by the city engineer.

(b)

Every garage space or parking space shall be provided with adequate ingress and egress, and shall have a minimum length of twenty feet and a minimum width of nine feet.

(c)

Where five or more parking spaces are required by the provisions of this chapter and such spaces will be used by the general public or business invitee of the owner or lessee of the premises, the following requirements shall also be applied:

1.

Contrasting paint or other easily distinguishable material shall be installed and maintained thereafter to designate each parking space in a clearly identifiable manner.

2.

The off-street parking areas shall provide suitable maneuvering areas so that all vehicles parking therein may exit onto any adjoining street in a forward direction.

3.

Where parking spaces abut public property or private property not under the ownership or lease of the person having ownership or control over the subject parking spaces, bumper guards or wheel stops shall be provided for all such abutting parking spaces in such a manner as to prevent encroachment of vehicles over property lines or damage to walls or fences.

4.

Where such parking area abuts or adjoins property or private property zoned for "R" uses, it shall be separated therefrom by solid masonry wall or wooden fence not less than four feet, nor more than six feet high. Walls within sixteen feet of any street shall be not less than two feet six inches nor more than three feet high. No wall shall be required where exists a wall which complies with the requirements of this paragraph, either on the common property line or adjacent thereto on either side of the common property line, provided, however, that if such wall is thereafter removed, a replacement wall shall be required forthwith. Where a wooden fence is substituted for a solid masonry wall, such fence shall be constructed so that a person cannot see through it and shall have fence posts either of wood treated to resist rot and termites, or of iron or steel, and in all cases fence posts must be set in concrete.

5.

Where such off-street parking area is used or to be used by the general public or business invitee for afterdark parking, lighting facilities capable of providing a minimum of one-half feet candle illumination at every point of the parking area shall be installed and maintained. Such lighting shall so be arranged as to reflect the light away from adjoining premises and streets. Credit shall be given for adjoining public street

illumination where such illumination satisfies this requirement as to any portion of such off-street parking area.

6.

Under no circumstances shall walls, fences or shrubbery be placed or maintained on the property in such a manner as to interfere with visibility so as to endanger safe ingress and egress.

7.

The following parking lot layouts are approved. Proposed off-street parking lot layouts submitted to satisfy the requirements of this section, which deviate in design from the patterns provided below, must demonstrate that adequate provision is afforded for safe ingress and egress and adequate aisle width and maneuvering area are provided for safe maneuvering of vehicles therein and that the design provides for safe pedestrian traffic to, from and within the subject parking area.

==> picture [433 x 571] intentionally omitted <==

Article 30. - Landmark and Historic Preservation.[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 484, § 2, adopted March 5, 2013, repealed the former Art. 30, §§ 30.01—30.06, and enacted a new Art. 30 as set out herein. The former Art. 30 pertained to similar subject matter and derived from Ord. No. 403 and Ord. No. 473, § 4, adopted March 20, 2012.

(a)

It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and disuse of such structures, sites, and areas. The purpose of this article is to promote the health, safety and general welfare of the public through:

1.

The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important to local, state or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of the city's architectural styles, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

2.

The development and maintenance of appropriate settings and environment for such structures;

3.

The enhancement of property values, the stabilization of neighborhoods and areas of the city, the increase of economic and financial benefits to the city and its inhabitants, and the promotion of tourist trade and interest;

4.

The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past;

5.

The preservation of the city's status as a certified local government.

Sec. 30.02. - Establishment; powers; duties.

See article IX, Historic Preservation Commission, of Chapter 2 of this Code for establishment, powers, and duties.

Sec. 30.03. - Definitions.

For the purpose of this article, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter shall have the meaning given them in this section.

"Alteration" means any change in the character, composition, or structure of a landmark or resource requiring issuance of a building permit.

"Architectural feature" means the architectural elements embodying style, design, general arrangements, and components of the exterior of any building or structure, including, but not limited to, the kind, color, and texture of the building materials and the style and type of all windows, doors, lights, signs, and other fixtures.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.

"California State Historical Building Code (SHBC)" refers to Health and Safety Code, Part 2.7, Division 13, §§ 18950-18961, as incorporated into the most recent California Building Code (CBC), which provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of qualified structures as defined by the SHBC.

"Certified local government (CLG)" means a local government that has applied for and received certification as a CLG from the state office of historic preservation (OHP) and the National Park Service. To qualify as a CLG, the local government must meet certain certification criteria and enter into a certification agreement with OHP.

"Character-defining feature" means the architectural features of a building, structure, object, or historic district that help convey the significance of the historic resource.

"City staff" means City of Colusa employees or contract employees from any city department or agency, which may be called upon by the heritage preservation commission as deemed necessary.

"Cultural landscape" means a geographic area associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.

"Demolition" means for the purpose of this article, any act or failure to act that destroys, damages, or removes in whole or in part a historical resource such that its historic character and significance is destroyed.

"Heritage preservation commission" or HPC established and governed pursuant to the provisions of this article.

"Historic and cultural significance" is determined by considering whether a resource:

1.

Has significant character, interest or value, as part of the development, heritage, or cultural characteristics of the city, state, or nation;

2.

Is associated with the life of a person significant in the past;

3.

Is associated with a historic event with a significant effect on society; or

Exemplifies the cultural, political, economic, social, or historic heritage of the community.

"Historic district" means a geographically or thematically definable area within specific boundaries possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects united by past events or aesthetically by plan or physical development and designated by the city council, pursuant to the procedures prescribed in this article.

"Historic site" means a site officially designated as such by a federal, state, or local agency as being of historic significance or importance.

"Integrity" is the ability of a landmark or resource to convey its significance. To retain integrity, a landmark or resource must retain most of the following aspects that loosely relate to the historic landmark or resources' significance: location, design, setting, materials, workmanship, feeling, and association.

"Inventory" means a list of historic resources designated for special consideration either by federal, state, or local agency.

"Landmark" means a building, structure, object, cultural landscape, site, or archaeological site designated as a city landmark by the city council, pursuant to the criteria and procedures set forth in this article. Any property listed on the California Register of Historical Resources and/or the National Register of Historic Places shall be considered a landmark for the purposes of this article.

"Maintenance" means the process by which a property owner maintains or improves the condition of a historic resource or landmark.

"Object" means a material thing of functional, aesthetic, cultural, educational, architectural, historical, or scientific value that may be, by nature or design, moveable yet related to a specific setting or environment.

"Office of historic preservation (OHP)." The OHP is a division of the California Department of Parks and Recreation whose mission, in partnership with the people of California and governmental agencies, is to preserve and enhance California's historic heritage as a matter of public interest so that its legacy of cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be maintained and enriched for present and future generations.

"Relocation" means the removal of a historic resource or landmark from its original site and placement at a new site.

"Resource" means a building, structure, object, cultural landscape, site, or archaeological site designated as a resource by the heritage preservation commission, pursuant to the criteria set forth in this article. All properties included on the city's historical resources inventory, as updated pursuant to the motion made by the planning commission at its March 24, 1993, meeting are resources for the purposes of this article.

"Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties" means nonregulatory standards and guidelines for archeology and historic preservation published by the Secretary of the Interior. They provide technical advice about archeological and historic preservation activities and methods.

"Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

"Survey" is the accepted method of systematically studying historic resources. It includes statements of significance according to the criteria set forth in this article and, when available, a physical description and a photograph of each historic resource, legal information from title or assessment records, and a statement of any potential threats to the integrity or continued existence of the resource. The information is recorded onto a survey sheet and kept as a historic resources inventory. Information from the survey is used by the heritage preservation commission to identify historic resources it recommends for designation.

Sec. 30.04. - Designation of landmarks and historic districts.

(a)

The city council may by ordinance designate:

1.

Landmarks.

2.

Historic districts.

(b)

Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features that are to be preserved, and shall specify the locations and boundaries of the landmark site or historic district.

(c)

The property designated shall be subject to the controls and standards contained in this article. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:

1.

For a publicly owned landmark, review of proposed changes in major interior architectural features.

2.

For a historic district, such further controls and standards as the city council finds necessary or desirable, including but not limited to facade, set-back and height controls.

(d)

The city council may amend or rescind a designation only by ordinance, after planning commission and city council hearings as required for original designation.

(e)

Initiation of Designation Proceedings. Initiation of designation proceedings shall be by resolution of the city council or planning commission, or by the written application of the property owners. Applications for designations shall be filed with the planning department upon forms prescribed by the planning director, and shall be accompanied by all data required by the planning commission. The date of initiation is the date the resolution is adopted or a valid application is filed.

1.

To facilitate such designation proceedings, the HPC shall periodically establish a list of potential landmarks deserving official landmark status, and submit such list, with the signed consent of the property owner(s), for review and potential action by the planning commission.

2.

An application for designation of a historic district must be subscribed by the signed consent of one hundred percent of the properties (as represented by one legal owner's vote per parcel) in the proposed district.

(f)

Where planning commission and city council hearings are required, the proceedings for recommendation, and for referral in cases where the city council does not follow the recommendation, shall be the same as those provided in article 36 for rezoning.

(g)

Hearing by Planning Commission. The planning commission shall hold a public hearing on the proposal, with notice given as provided for rezoning in article 36.

1.

Action and Time Limit. The planning commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this article and the general plan. The planning commission shall approve, approve with modifications, or disapprove the proposal within ninety days after the initiation of designation proceeding.

2.

Notice of Action. The planning commission shall promptly notify the applicant of action taken. If the planning commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval to the city council.

(h)

Designation by City Council. The city council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of

the hearing by the planning commission. The city council may deny, approve, or modify and approve, the recommended designation provided by the planning commission.

(i)

Notice of Designation by City Council. When a landmark or historic district has been designated by the city council, the city clerk shall promptly notify the owners of the property included therein. The city clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the county recorder.

Sec. 30.05. - Alterations or relocation affecting a designated landmark or historic district.

(a)

Conformity Required. Construction or alteration work for requiring a city permit is prohibited on a landmark or in a historic district unless approval by the heritage preservation commission has been granted as provided in this section.

(b)

Permit Required. No person shall do any work listed below without first obtaining permit approval from the HPC:

1.

Exterior alteration to a landmark.

2.

Interior alterations that would affect the exterior of a landmark.

3.

Construction of any type on a landmark or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the landmark or district or any structure on the site or in the district.

(c)

The planning department shall maintain a current record of landmarks and historic districts. Applications for permits to do work on a landmark or historic district shall be submitted to the planning department for processing. Applications shall include plans and specifications showing the proposed exterior appearance, color and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the heritage preservation commission, applications shall also show the relationship of the proposed work to the environs. If the application does not provide sufficient information for review by the heritage preservation commission, the planning department shall request the omitted information from the applicant, and the applicant shall supply it.

(d)

Decision, Time Limitation. The heritage preservation commission shall ascertain whether the proposed work conforms to this article and with the provisions of the original designating ordinance. The heritage preservation commission shall approve, approve with conditions, disapprove or suspend the application within sixty days after the filing of a complete application with the planning department.

(e)

Suspended Action. To obtain sufficient time for steps necessary to preserve the structure concerned, the heritage preservation commission may suspend action on an application to permit construction or alteration, for a period not to exceed one hundred eighty days. The city council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty days, if the resolution is adopted not more than ninety days and not less than thirty days prior to the expiration of the original one hundred eighty day period. During the suspension period, the heritage preservation commission may consult with civic groups, public agencies, and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.

(f)

Review Criteria and Findings for Proposed Alteration. The issuance of a building permit for a proposed alteration to a landmark or to a property within a historic district shall be approved only if the following findings can be made:

1.

On a landmark, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly-owned landmark, its major interior architectural features) nor adversely affect the character or historical, architectural or aesthetic interest or value of the landmark.

2.

In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district. In any event, applications shall not be granted for work which violates standards included in the designating ordinance.

3.

The effects of the proposed work on the landmark is consistent with the applicable standards for preservation, standards for rehabilitation, standards for restoration, and standards for reconstruction as included in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

4.

The proposed action is consistent with the goals and policies of the city's general plan.

(g)

Showing of Hardship in Cases of Proposed Alterations, or Constructions. If the applicant presents facts clearly demonstrating to the satisfaction of the heritage preservation commission that failure to approve the application will create immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the heritage preservation commission may approve such application even though it does not meet the standards set forth in either this article. The decision of the HPC is appealable to the city council. Applications for permits to complete repairs, resulting from damage by fire, flood, calamity or other acts of God, shall be exempt from any review by the HPC.

Sec. 30.06. - Demolition or removal affecting a designated historic district, landmark, or resource.

(a)

Proposed demolition or removal affecting a designated historic district, landmark, or resource that would require a demolition permit from the building department is subject to review by the heritage preservation commission (HPC) prior to issuance of a demolition permit.

(b)

For a historic district or landmark, any application for a demolition permit for which the HPC cannot make the findings below shall be deemed inconsistent with the provisions of this section and referred back to the applicant:

1.

Decision, Time Limitation. The HPC shall determine whether the application would conform to this article and the provisions of the designating resolution and shall approve, approve with modifications, disapprove, or suspend (in accordance with section 30.05(e).) the application within sixty calendar days after the filing of a complete application with the city.

2.

Review Criteria and Findings for Proposed Demolition. The issuance of a permit for the proposed demolition of a landmark or structure within a historic district shall be approved only if the following findings can be made:

a.

Demolition of the landmark or property within a historic district would correct a public safety hazard or nuisance condition, as defined by the international building code and verified by the building official in consultation with the city manager;

b.

No economically feasible alternatives to demolition of the landmark or property within a historic district exist to restore or repair the resource to a state that would abate the threat posed to public safety;

c.

Application of the standards and requirements of the California Historic Building Code would not correct deficiencies resulting in the unsafe or dangerous conditions of the designated resource; and

d.

Relocation of a landmark is not a feasible alternative to demolition.

(c)

For any proposed demolition and/or removal affecting a resource, for which a demolition permit issued by the city building department is required, the city planner shall take the proposed project to the HPC for review and advisory comments at their next regularly scheduled meeting. Upon request of the applicant, a special meeting of the HPC may be called subject to public noticing requirements.

1.

Time Limitation. The HPC shall provide any advisory comments within forty-five calendar days of receipt by the city of a complete application for the project.

(d)

Notwithstanding any other provisions of this section, the HPC shall be notified by planning staff of permit applications for demolition or removal of buildings fifty years or older that do not have a historic designation. The HPC may direct planning staff to invite the applicant to bring the project for advisory review by the HPC. Time limits applicable to processing of the permit by the building department shall apply.

Sec. 30.07. - Criteria for designation of historic districts, landmarks, and resources.

Based on the following criteria, the city council, on recommendation of the heritage preservation commission may, by resolution, designate, historic districts, historic landmarks, or historic resources.

(a)

Criteria for Designation of a Historic District. To be designated as a historic district, a geographically definable area must possess a significant concentration, linkage, or continuity of sites, buildings, structures, or objects that retain a high degree of integrity and are representative of a specific time period, or are united by past events, aesthetic character, or by plan or physical development; and meet at least one of the following criteria for designation:

1.

A significant proportion of the properties convey a sense of historic or architectural cohesiveness through their design setting, materials, workmanship, or association;

2.

The area is associated with a historically significant period in the development of the community or is associated with special historical events;

3.

A significant proportion of the properties embody distinctive characteristics of a style, type, period, or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or

4.

A significant proportion of the properties represent the work of notable builders, designers, engineers, or architects; or

(b)

Criteria for Designation of a Landmark. To be designated as a landmark, a place, object, structure, or site must retain a high level of historic and architectural integrity and meet at least one of the following criteria for designation:

1.

It represents the first, last, only, or most significant of a special or exemplary element of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history, such that is has regional, state, or national importance;

2.

It is identified with a person or persons or event having a profound influence on regional, state, or national history;

3.

It embodies distinctive characteristics or is an outstanding example of a style, type, period, method of construction, or architectural design or is an example of the use of unique local materials or craftsmanship determined to have regional, state, or national importance;

4.

It represents the work of a notable builder, designer, engineer, or architect recognized at the regional, state, or national level; or

5.

It has potential to yield archaeological, ethnographic, or anthropological information with regional, state, or national importance.

(c)

Criteria for Designation of a Historic Resource. To be designated as a historic resource, a property must retain physical integrity and meet at least one of the following criteria for designation:

1.

It reflects important element(s) of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;

2.

It is identified with a person or persons or event significant in local history;

3.

It embodies important characteristics of a style, type, period, or method of construction of local historical importance;

4.

It represents the work of a notable local builder, designer, or architect; or

5.

It may yield important archaeological, ethnographic, or anthropological information about the city's past.

Sec. 30-08. - Applicability and enforcement.

(a)

Applicability.

1.

No application for a permit to construct, alter, demolish or remove any landmark in a proposed historic district, filed subsequent to the date of initiation of proceedings to designate the landmark to or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty days after initiation of designation proceedings, the permit application may be approved.

2.

The provisions of this article shall be inapplicable to the construction, alteration, demolition or removal of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was issued prior to initiation of proceedings for designation of the landmark or historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the building code.

(b)

Unsafe or Dangerous Conditions. None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct the said condition, provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the building official or the fire marshal, and where the proposed measures have been declared necessary, by such official, to correct the unsafe and dangerous condition and as is done with due regard for preservation of

the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged to such an extent that if, in the opinion of the aforesaid officials, it cannot reasonably be repaired and restored, it may be removed in conformity to normal permit procedures and applicable laws.

(c)

Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a landmark or of a structure in a historic district, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion.

(d)

Enforcement.

1.

Duty to Administer and Enforce. It shall be the duty of the planning director, or authorized delegate, to administer and enforce the provisions of this article. Upon request, the building official shall assist the director of planning in the performance of this duty.

2.

Inspection of Premises. In the performances of his duties, the planning director and authorized employees of the planning department shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such methods of investigation and inspection shall comply with all current laws including section 12C-6.

(e)

Methods of Enforcement. In addition to the regulations of this article, the other portions of the zoning ordinance and this Code governing the approval or disapproval of applications for building permits or other permits or licenses affecting the use of land or buildings, the planning director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this article upon the owner, agent, tenant or occupant of the building or land, or upon the architect, builder, contractor or other person who commits or assists in any such violation.

Sec. 30.09. - Appeals procedure.

(a)

Appeal from any action taken by the heritage preservation commission or by the planning commission on recommendation from the heritage preservation commission under the provisions of this article shall be made in writing to the city council within ten calendar days from the date of the action taken by the heritage preservation commission or the planning commission. An action of the heritage preservation commission or the planning commission made pursuant to this article is final eleven calendar days following the date of the action unless a written appeal is filed.

(b)

Appeals may be filed by the applicant or any aggrieved party. Such application for appeal shall be submitted to the planning department at city hall and shall be accompanied by a fee in the amount as established by resolution of the city council.

(c)

Within fifteen calendar days of the filing of any such appeal, the heritage preservation commission and/or planning commission shall forward all documents pertaining to the action to the city council for review. The city council shall hear the appeal within forty-five calendar days of the filing of the appeal.

(d)

The city council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, or make and substitute such other additional decision or determination as it may find warranted under the provisions of this article. The determination of the city council on the appeal shall be final.

(e)

The decision of the city council shall be expressed by a document, a copy of which shall be provided to the petitioner, planning commission, and heritage preservation commission within ten calendar days of the conclusion of the hearing.

(Ord. No. 484, § 2, 3-5-2013)

Article 31. - Outdoor Advertising and Sign Regulations.[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 518, § 3, adopted June 20, 2017, repealed the former article 31, §§ 31.01—31.05 and enacted a new article 31 as set out herein. The former article 31 pertained to similar subject matter and derived from original code material.

Sec. 31.01. - Purpose and applicability.

This article establishes regulations relating to the permitted type, size, height, placement, and design of signs for all districts. The intent of these regulations is to:

(a)

Ensure the preservation and enhancement of Colusa's unique community character and vitality within its neighborhoods and business districts;

(b)

Create a strong sense of entry into the city along the primary corridors of State Routes 20 and 20/45 and along key secondary entrances into the city;

(c)

Apply the use of signage and lighting in a manner that will enhance the aesthetic character of the community.

Sign area includes the entire face of the sign, including the surface and any framing, but not including the support structure. Individual letters on a building shall be measured by the area enclosed by a continuous line outlining the perimeter of the words, emblems, and logos. For double-faced signs with less than 18 inches between faces, only one side shall be counted as the total area. Wherever conflict occurs between this and other sections of this ordinance, the provisions of this section shall prevail.

Message Substitution. A noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this chapter. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.

(Ord. No. 518, § 3, 6-20-2017)

Sec. 31.02. - Permits and fees.

Signs may be installed on any real property situated in the city in accordance with this article, following approval of a minor use permit or use permit, unless exempt as provided within Section 31.03 (a). Where permits are required by sections of this ordinance, applicable fees shall be paid as established by resolution of the city council.

(Ord. No. 518, § 3, 6-20-2017)

Sec. 31.03. - Types of signs.

(a)

The following types of signs shall be allowed in all districts without a sign or use permit, as long as they are kept in good repair, are non-illuminated, and as such, do not count towards the maximum area or number of signs allowable on a site:

1.

Residential name and/or address signs, one (1) per residence not exceeding two (2) square feet in size.

2.

Home occupation signs, identifying home occupation, not exceeding two (2) square feet, and placed flat against building wall.

For sale, rent or lease signs, not exceeding six (6) square feet in size for residential uses, and not exceeding 20 square feet in size for non-residential uses. One (1) sign per site street frontage may be installed, less than six (6) feet in height, and shall be removed upon sale or lease of the lot, building or unit.

4.

Portable signs, a maximum of (2) two per business or organization, not exceeding four (4) feet in height or 10 square feet per side.

5.

Temporary banner signs not exceeding 32 square feet in area, identifying the name of a new business establishment, may be installed upon submittal of an application for a permanent business sign. The temporary business sign shall be removed upon installation of the permanent identification sign.

6.

The owner or occupant of each parcel within the city, or other party with the permission of the owner and/or occupant of that parcel, may display temporary signage displaying any non-commercial message subject to the following rules:

a.

Individual signs shall be no larger than six (6) square feet;

b.

The total square footage of signage displayed under this section shall not exceed twenty-four (24) square feet.

c.

If temporary signs posted under this section pertain to a specific event, they shall be taken down within 5 days after the event occurs. If they are not removed by this deadline, the city may remove the signs after giving twenty-four hours' notice to the homeowner that the sign is displayed in violation of this subsection.

7.

The owner or occupant of a residential parcel may display an additional temporary sign containing any commercial or non-commercial message for up to 72 hours during the occurrence of a one-time event held at the property. The sign must be removed within 24 hours after the one-time has concluded. The city may summarily remove a sign displayed in violation of this subsection.

8.

Temporary signs not exceeding 32 square feet in area displayed by organizations holding a non-commercial special or one-time event:

a.

Posted on private property with the property owner's consent; and

b.

Posted no more than 21 calendar days before the event and removed no more than five calendar days after the event.

9.

Official flags of any state, nation, or governmental entity displayed in a manner consistent with the flag code (U.S.C.A. Title 36, Section 173 et seq.).

10.

Changes to an on-premise sign face that do not structurally alter the sign or its size provided that the changes are consistent with the standards of this section.

11.

Signs on property undergoing permitted construction, not exceeding thirty-two (32) square feet each in area per side, maximum of two sides 64 square feet total, eight feet (8') in height, and set back a minimum of ten (10') feet from the property line. One such sign is permitted per street frontage site.

Such signs shall not be illuminated and shall be removed within thirty (30) days of the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public, or expiration of the building permit.

(b)

The following types of signs shall be permitted for uses which are permitted in R-3 and R-4 districts:

1.

Apartment nameplates and signs identifying permitted non-residential uses; one (1) per site, not exceeding six (6) square feet in size, excepting no sign shall be within the front yard setback without approval of a minor use permit.

2.

Nonconforming signs or additional signs may be permitted only upon the approval of a major use permit.

(c)

The following types of signs shall be allowed for uses which are permitted in "C" and "M" and "M-U" districts:

1.

Only signs that pertain directly to the same and nature of the operation or service offered on the site, and subject to the following:

a.

C-N Districts: Signs which are placed parallel to the wall of the building on the site and project not more than two feet therefrom, which are at least eight (8) feet above ground or sidewalk level and extend no higher than the building main roof line or twenty-five (25) feet maximum; which do not exceed one (1) square foot of sign area for each lineal foot of site street frontage, and which do not exceed fifty (50) square feet in total sign area per site.

b.

C-G, C-H, M-U and M Districts: Signs which are attached to a building or approved structure and which extend not more than four (4) feet from the wall thereof, which are at least eight (8) feet above the ground or sidewalk level, and extend no higher than the main roof line, and in no case more than twenty-five (25) feet, do not exceed two (2) square feet of sign areas for each foot of site street frontage, and which may not exceed two hundred and forty (240) square feet in total sign area per site.

2.

Upon approval of a minor use permit in each case, and subject to all of the findings below, the following may be permitted:

a.

Free standing, temporary and pole signs;

b.

Signs extending above building roof lines, not exceeding the district height limit;

c.

Signs which exceed maximum permitted area, height, or number per site, or which vary from placement regulations, when the foregoing exceptions are found to be reasonable and necessary for freeway traffic service and similar operations.

3.

Upon approval of a major use permit in each case, and subject to all of the findings below, the following signs may be allowed:

a.

Signs which emit flashing, intermittent lighting, or moving images;

b.

Signs which advertise operations, products, or services offered off the site;

c.

Signs on vehicles, trailers, boats, storage boxes, or other similar objects, which remain stationary for more than 120 consecutive hours, and where such signs are not incidental to the primary use of the vehicle or other similar objects for conveyance of persons or property or storage of property, and where the primary purpose of the sign and vehicle or other similar object upon which the sign is attached or affixed is for advertising purposes.

d.

Other signs or forms of advertisement, which in the opinion of the planning director, do not comply with standard provisions of this article.

Required findings:

(1)

The sign(s) enhances the economic vitality of the community;

(2)

The sign area does not exceed the maximum allowable area, nor detracts from the character of the immediate neighborhood or district for the particular site where it is to be placed;

(3)

The sign(s) is consistent with the intent of this article, the policies of the general plan, and state law.

(d)

The owner of a property undergoing construction in any zone within the city may display signage not exceeding 50 square feet per street frontage and not to exceed 10 feet in height for a period of time not to exceed one (1) year and may receive annual renewals for periods of up to one (1) year each upon an approval by the planning director, provided the project remains under construction.

(e)

The provisions of this section shall not apply to traffic control, informational or directional signs placed by public agencies so authorized, nor to signs placed upon public property by, or by authorization of public agencies controlling such properties.

(Ord. No. 518, § 3, 6-20-2017)

(a)

Signs which obstruct a fire escape or other required access.

(b)

Signs which emit sound, with the exception of a permitted drive-through or menu sign.

(c)

Signs which adversely affect traffic control or safety, including signs which interfere with visibility for drivers at an intersection, public right-of-way, or driveway.

(d)

Signs which have less horizontal or vertical clearance from overhead utilities than required by state agencies.

(e)

Signs which are illegible or which have become a public nuisance due to inadequate maintenance, dilapidation, or abandonment.

(f)

Signs which are unlawfully installed, erected, or maintained.

(g)

Signs which contain obscene, pornographic, or sexually explicit matter.

(h)

Signs which violate federal, state or local laws.

(i)

Signs painted directly onto the exterior wall of a commercial or industrial building, unless 1) as a part of an artistic mural and subject to approval of a major use permit (as provided by Section 31.03.c.3 of this Code); or 2) such painted sign serves as the sole form of identification of an organization or business on its premises, as approved by the planning director.

(Ord. No. 518, § 3, 6-20-2017)

Sec. 31.05. - Nonconforming signs.

Any sign which does not conform to the provisions of this article shall be removed, relocated, replaced or otherwise made conforming, as follows:

Signs erected illegally: Within one year from the effective date of this ordinance.

(Ord. No. 518, § 3, 6-20-2017)

Article 32. - General Provisions and Exceptions.

Sec. 32.01. - Applicability of article.

The regulations specified in this ordinance shall be subject to the following general provisions and exceptions:

(a)

The planning commission may interpret the intent of any of the provisions hereof by written findings, which findings shall be subject to appeal to, and final determination by the city council.

(b)

The regulations set forth in this ordinance shall be subject to the following provisions and exceptions.

Sec. 32.02. - Rules governing use of zoning map and symbols.

Where uncertainty exists as to the boundaries of any district shown on the Zoning Map, the following rules shall apply:

(a)

Where such boundaries are indicated as approximately following property, street, alley lines, such lines shall be construed to be such boundaries.

(b)

In unsubdivided property and where a district boundary divides a lot, the location of such boundary, unless dimensions indicate the same, shall be determined by use of the scale appearing on the Zoning Map.

(c)

A symbol indicating the classification of property on the Zoning Map shall in each instance apply to the whole of the area within the district boundaries.

(d)

Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacated or abandoned street or alley.

(e)

Where one land ownership is divided by a district boundary the total ownership may be placed in either district by approval of a variance application.

Sec. 32.03. - Regulations are minimum.

In interpreting and applying the provisions of this ordinance, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

Sec. 32.04. - Relationship to other regulations and to private restrictions.

(a)

Where conflict occurs between the regulations of this ordinance and any Building Code or other regulations effective within the city, the more restrictive of any such regulations shall apply.

(b)

It is not intended that this ordinance shall interfere with or abrogate or annul any easement, covenants or other agreements now in effect, provided, however, that where this ordinance imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall apply.

Sec. 32.05. - Additional uses permitted.

The following accessory uses, in addition to those hereinbefore mentioned shall be permitted:

(a)

The operation of necessary service facilities and equipment in connection with schools, colleges and other institutions when located on the site of the principal use.

(b)

Recreation, refreshment and service buildings in public parks, playgrounds and golf courses.

(c)

Off-street parking areas in conjunction with commercial uses may be permitted in "R" districts on properties adjoining "C" or "M" districts upon the securing of a use permit in each case.

(d)

Crop and tree farming and truck gardening shall be permitted in all districts, provided that a use permit shall be required for the retail sales of the products of such use in all "R" districts.

(e)

In any block of lots recorded prior to March 1972 and which is included in an R-2, R-3, or R-4 district, the lots may be re-divided so that interior lots have minimum widths of sixty feet and corner lots have minimum widths of seventy feet, and such corner lots may be further divided into two lots each having dimensions of sixty feet by eighty feet.

Sec. 32.06. - Building sites, areas and easements.

(a)

Any lot or parcel of land in one ownership having an area sufficient for more than one dwelling may be used and a building permit may be issued for such use, provided the owner thereof who changes or intends to change any existing lot line or lines or to establish new lot lines files with the city planning commission a record of survey map showing the proposed lot lines and the lots and building sites to be established in conformity with the regulations of the city.

(b)

A detached garage or accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard, and a garage or accessory building that is not attached to and made a part of the main building shall not be closer than five feet clear distance to the main building nor closer than five feet to the rear property line or side property line.

(c)

In the case of a corner lot abutting upon two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front half of such lot.

(d)

Any lot of record existing prior to March 4, 1972 may only be developed by first obtaining a certificate of compliance or conditional certificate of compliance from the city planning director. The development of said lot shall comply with all other applicable zoning regulations of the City of Colusa.

(e)

In any cluster lot design subdivision in which open space has been provided and a tentative map has been approved by the city, such lots shall be deemed to be in conformance with the provisions of this ordinance.

(a)

No yard or other open space provided about any building for the purpose of complying with the regulation of this ordinance shall be considered as providing a yard or open space for any other building or structure.

(b)

In any case where a set-back line, building line or official plan line has been established the required yards on the street frontage of lots shall be measured in accordance with such lines and in no case shall the provisions of this ordinance be construed as permitting any structure to extend beyond such line.

(c)

Garages, carports and other accessory buildings may be attached to and have a common wall with the main building, or, when located as required by this ordinance, may be connected thereto by a breezeway.

(d)

Fireplaces, air conditioning units and similar architectural or utility features and eaves, but not including any flat wall or window surface, may extend into any required yard a distance not to exceed two feet and in no case more than one-half of the width of any required side yard.

(e)

Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not to exceed six feet and into any required side yard a distance not exceeding one-half of the width of the side yard required for the lot.

(f)

In any "R" District where fifty percent or more of the building sites in any one block or portion thereof in the same district, have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum requirement of that specified for the district but in no case less than sixteen feet. Where adjoining lots are improved with buildings, the front yard required for a vacant building site shall be the average of the front yards of the adjoining lots.

(g)

In case a dwelling is to be located so that the front yard or rear yard thereof faces any side lot line, such dwelling be located not less than ten feet from such lot line. The shorter street frontage of a corner lot shall be considered the front of the lot.

(h)

In the case of a corner lot adjacent to a key lot in any district, the setback on the street side of the corner lot within twenty feet of the side line of the key lot shall be equal to the front yard required on the key lot, and a clear five foot rear yard shall be maintained on the corner lot. A key lot has a side line which is the rear line of a corner lot.

(i)

In "R" districts, fences in side and rear yards shall not exceed six feet in height. Height shall be measured from the natural grade of the underlying surface area to the top of the fence material. Fences in front yards shall be constructed in such a manner as not to create a solid visible barrier. The surface area of the fence is to be open so passersby can view activity on the other side of the fence for not less than thirty percent of the surface area per square foot.

height. Height shall be measured from the natural grade of the underlying surface area to the top of the fence material. Fences in front yards shall be constructed in such a manner as not to create a solid visible barrier. The surface area of the fence is to be open so passersby can view activity on the other side of the fence for not less than thirty percent of the surface area per square foot.

Fences in side or rear yards adjacent to alleys shall provide on each lot one recessed bay measuring not less than four by six feet and usable for storage of garbage and trash containers. Doors and gates in fences or walls adjacent to streets or alleys shall be so constructed as not to swing into or otherwise obstruct any such street or alley. Such bays shall be required in "C" and "M" districts; said bays shall measure not less than ten by ten feet, set at an angle not to exceed thirty-five degrees from the direction of traffic, and shall be enclosed or screen fenced.

(j)

In any full block of lots the front yards may be varied so that: the required yard depth is not reduced more than five feet, the average of all lots equals the required yard depth and corner lot yards are not reduced.

(k)

Nothing contained in the general provision shall be deemed to reduce special yard requirements as set forth in the regulations for any "R" or "B" district.

(l)

Yards required for residential buildings that may be permitted on use permit shall be as required for the particular district or for R-4 districts, whichever yard requirements are greater.

(m)

All outdoor storage or equipment areas fronting on a public right-of-way or customer parking area shall be screened from view by a six foot high wall made of masonry or masonry pilasters and wood or similar decorative materials. Living vegetation may also be utilized provided the types of shrubbery used are of a fast growing variety and will grow into a solid barrier within three years of installation. All walls or fencing fronting a public right-of-way wall shall be placed in back of required landscaped areas.

(n)

Walls and fences in interior side or rear yards-where a commercial or industrial development is adjacent to residential property, a six foot high solid masonry or wooden wall shall be constructed along all common property lines. Otherwise, walls and fences not visible from the public right-of-way are not limited to a material type.

(o)

All walls and fences as set forth in the above sections (m) and (n) that are proposed to exceed the six foot height limitation shall be required to obtain a minor use permit.

(a)

Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennae and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty five feet above the height limit established for the district in which the structures are located, provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purpose. Additional heights for public utility structures may be permitted upon the approval of the planning commission. Height limitations provided herein shall not apply to public utility transmission towers and pole lines.

The regulations and restrictions elsewhere contained in this ordinance shall not be applicable to any property within the City of Colusa and owned by the State of California and operated by a District Agricultural Association for use primarily as a fair grounds for conducting fairs or expositions.

Sec. 32.10. - Foundations and floor slabs of buildings in relation to adjacent streets and alleys.

(a)

No residential building shall be constructed on any property within the City of Colusa with a foundation, the top of which is less than twelve inches above the curb of the street in front of said property. Where no curbs exist, the elevation that the top of the curb will have when curbs and gutters are installed in the future

shall be obtained from the city engineer and no building shall be constructed with a foundation, the top of which is less than twelve inches above said elevation.

(b)

In cases where slab floors are to be constructed as the foundation of a residential building, no residential building shall be constructed on any property within the City of Colusa with the top of said slab floor being less than seven inches above the top of the curb of the street in front of said property. When no curb exists then the elevation the top of the curb will have when curbs and gutters are installed in the future shall be obtained from the city engineer, and no slab floor shall be constructed the top of which is less than seven inches above said elevation. In the case of garages or carports that are to be entered from an alley, no garage or carport shall be constructed having a slab floor the top of which is less than three inches above the finish grade of the alley designated by the city engineer.

(c)

In cases where slab floors are to be constructed as the foundation of a commercial building, the elevation of the slab floor above the curb of the street in front of the property on which such commercial building is being constructed shall be an elevation determined by the following formula:

One-fourth inch of elevation above the curb for each foot of distance between the curb and the property line and one-eighth inch of elevation for each foot of distance between the property line and the edge of the slab floor. However, in no case shall the slab floor be constructed less than four inches above the top of the curb. Where no curbs exist, the location and the elevation the top of the curb will have when curbs and gutters are installed in the future shall be obtained from the city engineer, and such location and elevation shall be used to determine the elevation of the floor slab as herein provided.

Sec. 32.11. - Reserved.

Editor's note— Ord. No. 551, § 5, adopted May 17, 2022, repealed § 32.11, which pertained to medical marijuana dispensaries and derived from Ord. No. 485, adopted March 5, 2013.

Article 33. - Use Permits.

Major use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Guarantees to insure compliance with terms and conditions may be required by the commission.

(a)

Major Use Permit Application and Fee.

1.

Application for a major use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the

proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council and of which no part shall be returnable to the applicant.

2.

The planning commission shall hold a public hearing within sixty days after filing of an application for a major use permit. Notice of use shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twentyone days for applications under CEQA for negative declarations and/or environmental impact reports prior to such hearing.

(b)

Action by the Planning Commission.

1.

The findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

2.

After making findings the planning commission shall either approve, with or without conditions, or deny said major use permit.

(c)

Revocation.

1.

In any case where the conditions of the granting of a major use permit have not been, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning commission may revoke such permit.

2.

In any case where a major use permit has not been used within one year after the date of granting thereof, then without further action by the planning commission the use permit granted shall be null and void.

(d)

Appeal.

Appeal from any finding or action of the planning commission may be made in, writing to the city council within ten days from the date of the commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(e)

Whenever a major use permit is granted, the county assessor shall be so notified within thirty days of such action.

Sec. 33.02. - Minor or administrative use permits.

Minor use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning director for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Guarantees to insure compliance with terms and conditions may bee required by the director.

(a)

Minor Use Permit Application and Fee.

1.

Application for a minor use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

2.

The planning director shall hold an administrative hearing within sixty days after filing of an application for a minor use permit, notice of which shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the minor use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for application for negative declaration and/or environmental impact reports prior to such hearing.

(b)

Action by the Planning Director.

1.

The findings of the planning director shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(c)

Revocation.

1.

In any case where the conditions of the granting of a minor use permit have not been, or are not, complied with, the planning director shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning director may revoke such permit.

2.

In any case where a minor use permit has not been used within one year after the date of granting thereof, then without further action by the planning director said permit granted shall be null and void.

(d)

Appeal.

Appeal from any finding of action of the planning director may be made in writing to the city planning commission within ten days from the date of the director's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

Appeal from any finding or action of the planning commission may be made in writing to the city council within ten days from the date of the commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(e)

Whenever a minor use permit is granted, the county assessor shall be so notified within thirty days of such action.

Sec. 33.03 - Cannabis and cannabis dispensary special use permit application and fee.

Commercial cannabis business special use permits, which may be revocable, conditional, or valid for a term period, may be issued by the city council for any of the uses or purposes for which such permits are required or permitted by the City of Colusa Municipal Code. Guarantees to ensure compliance with terms and conditions may be required by the city council. For the purposes of this section, all references to cannabis permits in the subsections of this section 33.03 shall apply equally to cannabis dispensary special use permit applications, fees, issuance, and permits.

(a)

Cannabis business Special Use Permit Application and Fee.

1.

Application for a cannabis business special use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount

as established from time to time by resolution of the city council and of which no part shall be returnable to the applicant. The application shall be presented directly to the city council for action.

2.

The city council shall hold a public hearing within sixty days after filing of an application for a cannabis business special use permit. Notice of use shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the cannabis business special use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for applications under CEQA for negative declarations and/or environmental impact reports prior to such hearing.

(b)

Action by the city council.

1.

The findings of the city council shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

2.

After making findings the city council shall either approve, with or without conditions, or deny said cannabis special use permit.

(c)

Revocation.

1.

In any case where the conditions of the granting of a cannabis business special use permit have not been, or are not, complied with, the city council shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the city council may revoke such permit.

2.

In any case where a cannabis business special use permit has not been used within one year after the date of granting thereof, then without further action by the city council the use permit granted shall be null and void.

(d)

Decision of the city council Final. The decision of the city council shall be a final decision and appeal from said action shall be by writ of mandate in superior court.

(e)

Whenever a cannabis special use permit is granted, the county assessor shall be so notified within thirty days of such action.

(f)

The cannabis business special use permit shall be issued to the operator, be conditional upon issuance and holding of a valid cannabis regulatory permit, and shall not run with the land.

(g)

No cannabis business special use permit shall be issued until the city council approves a development agreement and a regulatory permit for the site, or until after the effective date of an approved ballot measure authorizing the taxation of commercial cannabis cultivation in the city.

(h)

The cannabis business special use permit shall run with the regulatory permit and not the land.

(Ord. No. 559, § 2, 11-21-2023)

Editor's note— Ord. No. 559, § 2, adopted November 21, 2023, repealed the former § 33.03, and enacted a section as set out herein. The former Art. X pertained to similar subject matter and derived from Ord. No. 519, § 6, 7-18-2017; Ord. No. 551, § 6(Exh. B), adopted May 17, 2022.

Article 34. - Variances.

Sec. 34.01. - Variances.

Where practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of this ordinance may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirements may be granted, as provided in this section, by the planning commission.

(a)

Variance Application and Fee.

1.

Application for a variance shall be made to the city planning department in writing on a form prescribed by the city. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council, statements, plans and other evidence showing:

a.

That, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance provisions deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

b.

That granting of the variance requested will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

c.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health, or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

2.

A public hearing shall be held within sixty days after a filing of application for a variance, notice of which shall be given by one publication in a newspaper of general circulation published and circulated in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the variance has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case is to be given at least ten days prior to such public hearing.

(b)

Action by the Planning Commission.

1.

Within thirty days after the public hearing the planning commission shall make a finding of facts showing whether the qualifications under Section 34.01 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this ordinance.

2.

After making findings the planning commission shall either approve, with or without conditions, or deny said variance.

(c)

Appeal.

Appeal from any such action of the planning commission may be made in writing to the city council within ten days from the date of the planning commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(d)

Revocation.

1.

In any case where the conditions to granting of a variance have not, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing thereon. After conclusion of the hearing, the commission may revoke such variance.

2.

In any case where a variance has not been used within one year after the date of granting thereof, then without further notice or action by the planning commission, the variance granted shall be null and void.

(e)

Whenever a variance is granted, the county assessor shall be so notified within thirty days of such action.

Article 35. - Nonconforming Uses.

Sec. 35.01. - Continuation of existing nonconforming uses.

(a)

The lawful use of the land exiting at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, provided, however, that nonconforming commercial and industrial uses operated on open land not accessory to a permanent building on the site may be continued for a period not longer than five years after such uses become nonconforming.

(b)

In all "R" districts, every nonconforming building or structure which was designed, arranged or intended for a use permitted only in districts other than "R" districts shall be completely removed, or altered and converted to a conforming building, structure or use when such buildings or structures have reached or may hereafter reach, the ages hereinafter specified, computed from the date the building was erected. In the case of buildings defined in the Building Code effective in the city at the effective date of this ordinance: Class I and II, forty years; Class III and VI, thirty years; Class V, twenty years. Provided, however, that this regulation shall not become operative until twenty years from the effective date of this article.

(c)

If any nonconforming use is abandoned or discontinued for any reason, subsequent use of such land shall be in conformity with the provisions of this ordinance. The discontinuance of a nonconforming use for a period of six months or more is, in itself prima facie evidence of abandonment.

If no external structural alternations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

Sec. 35.03. - Alteration, reconstruction, etc., of nonconforming buildings.

Except in cases where a use permit is approved, no existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this ordinance for the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted under the regulations specified by this ordinance for such district in which said building is located; provided, however, that authorized maintenance shall be permitted not exceeding a total amount, during a period of five years, or fifty percent of the assessed value of the building according to the assessments thereof by the assessor of the city.

Sec. 35.04. - Nonconforming buildings destroyed by fire, etc.

Except in cases where a use permit is approved any building in existence or maintained at the time of the adoption of this ordinance which does not conform to the regulations for the district in which it is located which is destroyed by fire, explosion, act of God, or act of the public enemy to the extent of more than onehalf the value thereof, then and without further action by the city council the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building is located. For the purposes of this ordinance, the value of any building shall be the estimated cost of the replacement of the building in kind, as determined by the building inspector.

Sec. 35.05. - Nonconforming uses in subsequently changed or established districts.

The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed or established and any time limit for the suspension of a non-conforming use of land shall date from the date of the enactment of this ordinance or any amendment of district boundaries which first creates a nonconforming use or uses.

Article 36. - Amendments, Alterations, Changes in Districts.

Sec. 36.01. - Generally.

(a)

This ordinance may be amended by changing any of the provisions thereof whenever the public necessity and convenience and the general welfare require such amendment.

(b)

Any amendment to this ordinance may be adopted as other ordinances are adopted, except that:

Any amendment that changes any property from one zone to another or imposes any regulation not heretofore imposed or removes or modifies any regulation heretofore imposed shall be adopted as follows:

1.

Upon receipt of a written petition of one or more property owners requesting a change in zoning which is filed with the planning director together with a filing fee in an amount as established from time to time by resolution of the city council; or upon action of the city council or the planning commission to initiate a

change of zoning or an amendment to any regulations hereof, the planning commission shall hold a public hearing on such proposed rezoning or amendment.

2.

Notice of the time and place of the public hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least ten calendar days before the hearing date by one publication in a newspaper of general circulation, published and circulated in the City of Colusa, and by first class mail to all owners of real property as shown on the last equalized assessment roll within three hundred feet of property which is the subject of the proposed zone change, or otherwise per Government Code Section 65854.

3.

In addition to notice by publication the city may give notice of the hearing in such other manner as it may deem necessary or desirable.

4.

After the hearing, the planning commission shall render its decision in the form of a written recommendation to the city council, including reasons and findings in support of the recommendation,

5.

Upon receipt of the planning commission recommendation the city council shall hold a public hearing, notice of which shall be given as provided by Sec. 36.01(b)(2).

6.

Any hearing provided for in this section may be continued from time to time.

7.

The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed amendment by the city council shall first be referred to the planning commission for report and recommendation. No further hearings need to be held, and failure of the planning commission to report within forty days after the reference shall be deemed to be approval of the proposed modification.

(c)

Whenever a change of zoning of any property is adopted, the county assessor shall be so notified within thirty days of such action.

Article 37. - Enforcement, Legal Procedure, Penalties.

Sec. 37.01. - Issuance of licenses and permits to comply with ordinance.

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or license shall conform to the provisions of this ordinance and shall issue no such permit or

license for uses, buildings, purposes where the same would be in conflict with the provisions of this ordinance.

Sec. 37.02. - Enforcement of ordinance.

It shall be the duty of the planning director and of the officers of the city herein and/or otherwise charged by law with the enforcement of ordinances of the city to enforce this ordinance and all provisions of the same.

Any person, firm, or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this ordinance shall be guilty of a misdemeanor and punishable as such, and shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corporation.

Sec. 37.04. - Enforcement by legal proceedings.

Any building set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney shall within thirty days from date of notice, commence proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any persons, firm, or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this ordinance.

Sec. 37.05. - Remedies cumulative.

All remedies provided for herein shall be cumulative and not exclusive.

Article 38. - Repealing.

Sec. 38.01. - Generally.

Ordinances No. 191, 214, 218, 221, 230, 232, 242, 243, 254, 255, 263, 266, 269, 270, 275, 276, 291, 302, 303, 304, 305, 306, 309, 314, 317, 320, 321 323, 324, 326, 337, 339, 343, 344, 352, 353, 363, 368, 369, 371, 375, 385, 388 and all other ordinances of the City of Colusa inconsistent herewith, to the extent of their inconsistency and no further, are hereby repealed, provided that the foregoing repeal as in this section provided, shall not affect the prosecution of any person, firm or corporation that has violated or may hereafter violate any of the provisions were substantially the same as in this ordinance. The intention of the city council in enacting this ordinance is that it shall supersede other ordinances referring to the same subject as this ordinance, but no reference in any previous ordinance to another ordinance containing provisions now substantially incorporated in this ordinance shall become void.

Article 39. - Floodplain Management.[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 563, § 1, 2, adopted December 19, 2023, repealed the former Art. 39., §§ 39.01— 39.06, and enacted a new article as set out herein. The former article pertained to similar subject matter and derived from Ord. No. 437, § 1.

(a)

Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Colusa does hereby adopt the following floodplain management regulations.

(b)

Findings of Fact.

1.

The flood hazard areas of the City of Colusa are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

(c)

Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.

Protect human life and health.

2.

Minimize expenditure of public money for costly flood control projects.

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

Minimize prolonged business interruptions.

5.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard.

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard.

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(d)

Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance includes methods and provisions to:

1.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities.

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

4.

Control filling, grading, dredging, and other development which may increase flood damage.

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 563, § 1, 2, 12-19-2023)

Sec. 39.02. - Definitions.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this ordinance.

"Area of shallow flooding" means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard"- see "special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.

"Basement" means any area of the building having its floor below ground level on all sides.

"Building" - see "structure"

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding, or flood water" means:

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.

The condition resulting from flood-related erosion - see "Flood-related erosion".

"Flood insurance rate map (FIRM)" means the official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "flooding".

"Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to non-residential structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway".

"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

"Fraud and victimization" means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all

those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the department of the interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior;

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The wet floodproofing standard in section 39.05(a)(3)(c).

b.

The anchoring standards in section 39.05(a)(1).

c.

The construction materials and methods standards in section 39.05(a)(2).

d.

The standards for utilities in section 39.05(b).

2.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mean sea level" means, for purposes of the national flood insurance program, the north american vertical datum (NGVD) of 1988 nor other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood" - see "base flood."

"Public safety and nuisance" means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle which is:

Built on a single chassis.

Four hundred square feet or less when measured at the largest horizontal projection.

Designed to be self-propelled or permanently towable by a light-duty truck.

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.

Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance, or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow area" - see "Area of shallow flooding".

"Special flood hazard area (SFHA)" means an area having special flood, and shown on a FIRM as Zone A, AO, Al-A30, AE, A99 or AH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it

include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

"Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 563, § 1, 2, 12-19-2023)

Sec. 39.03. - General provisions.

(a)

Lands to which this ordinance applies. This shall apply to all areas of special flood hazards within the jurisdiction of the City of Colusa.

(b)

Basis for establishing the areas of special flood hazard. The areas of special Flood Hazard Identified by Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated May 15, 2003 and accompanying Flood Insurance Rate Maps (FIRMs), dated May 15, 2003, and all subsequent amendments and/or revisions, are hereby reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Colusa by the floodplain administrator. The study and FIRMs are on file at 425 Webster Street, City of Colusa, City Hall, Executive secretary's office, Colusa, California 95932.

(c)

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Colusa from taking such lawful action as is necessary to prevent or remedy any violation.

(d)

Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)

Interpretation. In the interpretation and application of this ordinance, all provisions shall be:

1.

Considered as minimum requirements.

2.

Liberally construed in favor of the governing body.

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(f)

Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Colusa, any officer or employee thereof, the State of California, or the federal insurance administration, federal emergency management agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(g)

Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 563, § 1, 2, 12-19-2023)

(a)

Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in section 39.03(b). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to plans in duplicate drawn to scale showing the nature, location,

dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures - in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

2.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in section 39.05(a)(3)(b); and

3.

All appropriate certifications listed in section 39.04(c)(4) of this ordinance; and

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b)

Designation of floodplain administrator. The city manager or his or her designee shall serve as city's floodplain administrator and shall administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions.

(c)

Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

1.

Permit Review. Review all development permits to determine that:

a.

Permit requirements of this ordinance have been satisfied.

b.

All other required state and federal permits have been obtained.

c.

The site is reasonably safe from flooding.

d.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

2.

Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with section 39.03(b), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer section 39.05. Any such information shall be submitted to the city council for adoption.

3.

Notification of other agencies. In alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California department of water resources prior to alteration or relocation.

b.

Submit evidence of such notification to the federal insurance administration and federal emergency management agency.

c.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

4.

Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

a.

Certification required by section 39.05(a)(3)(a) (lowest floor elevations).

b.

Certification required by section 39.05(a)(3)(b) (elevation or floodproofing of nonresidential structures).

c.

Certification required by section 39.05(a)(3)(c) (engineered foundation openings).

d.

Certification of elevation required by section 39.05(c) (subdivision standards).

e.

Certification required by section 39.05(f) (floodway encroachments).

5.

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

a.

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

b.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

c.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

d.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

6.

Map determinations. Make interpretations where needed, as to the location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field condition, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 39.06.

7.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available. The analyses shall be prepared by a qualified registered professional engineer in a format required by FEMA.

8.

Remedial Action. Take action to remedy violations of this ordinance as specified in section 39.03(c) or other applicable law.

(Ord. No. 563, § 1, 2, 12-19-2023)

Sec. 39.05. - Provisions for flood hazard reduction.

(a)

Standards of construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured homes shall meet the anchoring standards of Section 39.05(d).

2.

Construction materials and methods. All new construction and substantial improvement shall be constructed:

a.

With materials and utility equipment resistant to flood damage;

b.

Using methods and practices that minimize flood damage.

c.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the

components during conditions of flooding; and if

d.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3.

Elevation and floodproofing. (See section 39.02 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".)

a.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

i.

In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified.

ii.

In an A zone, elevated at least one foot above the base flood elevation, as determined by the City of Colusa.

iii.

In all other zones, elevated at least one foot above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

b.

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with section 39.05(a)(3)(a) above, or together with attendant utility and sanitary facilities:

i.

Be floodproofed below the elevation specified in section 39.05(a)(3)(a) so that the structure is watertight with walls substantially impermeable to the passage of water.

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

iii.

Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the floodplain administrator.

c.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

i.

Be certified by a registered professional engineer or architect to comply with the guidelines for engineered openings in FEMA Technical Bulletin 1, or

ii.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

d.

Manufactured homes shall also meet the standards in section 39.05(d).

(b)

Standards for utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of flood waters into the systems.

b.

Discharge from the systems into flood waters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(c)

Standards for subdivisions.

1.

All preliminary subdivision proposals shall identify special flood hazard areas and the elevation of the base flood.

2.

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

3.

All subdivision proposals shall be consistent with the need to minimize flood damage.

4.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(d)

Standards for manufactured homes.

All manufactured homes that are placed or substantially improved, within Zones AI-30, AH, and AE on the community's flood insurance rate map, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(e)

Standards for recreational vehicles.

1.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's flood insurance rate map will either:

a.

Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use, a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

b.

Meet the permit requirements of this ordinance and the elevation and anchoring requirements for manufactured homes in section 39.05(d).

(f)

Floodways. Located within areas of special flood hazard established in Section 39.03(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

1.

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

2.

If Section 39.05(f)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions othis ordinance.

(Ord. No. 563, § 1, 2, 12-19-2023)

Sec. 39.06. - Variance and appeals.

(a)

Nature of variances. The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

y with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City of Colusa to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(b)

Variance and appeals procedures.

1.

The planning commission of the City of Colusa shall hear and decide requests for variances from the requirements of this chapter.

2.

The planning commission shall hear and decide appeals on any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

3.

The planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and

a.

Danger that materials may be swept onto other lands to the injury of others.

b.

Danger of life and property due to flooding or erosion damage.

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property.

d.

Importance of the services provided by the proposed facility to the community.

e.

Necessity to the facility of a waterfront location, where applicable.

f.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

g.

Compatibility of the proposed use with existing and anticipated development.

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

i.

Safety of access to the property in time of flood for ordinary and emergency vehicles.

j.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

k.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

4.

Any applicant to whom a variance is granted shall be given written notice by the floodplain administrator that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage.

b.

Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the Colusa County recorder.

6.

The decision (s) of the planning commission shall be final, unless said decision (s) is appealed to the city council within thirty days of said commission decision (s).

7.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the federal insurance administration, federal emergency management agency.

(c)

Conditions for variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 39.04 and 39.055 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" as defined in section 39.02 of this ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "'minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City of Colusa believes will both provide relief and preserve the integrity of the local ordinance.

5.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause.

b.

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in section 39.02 of this ordinance) to the applicant.

c.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in section 39.02—see "public safety or nuisance"), cause fraud or victimization (as defined in section 39.02 ) of the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

7.

Upon consideration of the criteria of section 39.06(b)(3) and the purposes of this ordinance, the City of Colusa planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Ord. No. 563, § 1, 2, 12-19-2023)

Article 40. - Dedication of Lands for Park and Recreational Purposes.

Sec. 40.01. - Dedication of lands for park and recreational purposes.

(a)

Authority. This article is enacted under the general police power and Government Code Section 66477.

(b)

Requirements. Each subdivider of land proposed for residential use shall, as a condition of approval of a tentative or parcel map, at the option of the city, dedicate land, pay fees in lieu thereof, or a combination of both, for park or recreational purposes. This requirement shall be included in the conditions of the tentative or parcel map, and shall be calculated according to the standards and formula in this article.

(c)

General Standards.

1.

The dedication of land or payment of fees, or both, shall be the proportionate amount necessary to provide five acres of park area per one thousand persons residing within a subdivision.

2.

The amount of land dedicated or fees paid is based upon the residential density. Residential density is determined on the basis of the tentative or parcel map and utilizing an average household size, as set forth in this article.

3.

No land dedication or fee is required on a parcel for which park dedication requirements have previously been met.

(d)

Standards and Formula for Dedication of Land.

1.

The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

2.

The amount of land to be dedicated shall be determined according to the following standards and formula:

3.

Dedicated land shall meet the following requirements unless waived by the city: (a) adjacent public streets shall be fully improved with curbs, gutters, street paving, traffic control devices, utilities, street trees, and sidewalks; (b) fencing shall be installed along the property line of the subdivision contiguous to the dedicated land; (c) the property shall be graded within three inches of the finished grade; and (d) other minimal improvements which the city determines to be essential to the acceptance of land for park and recreation purposes. The subdivider shall not be entitled to credit for installing the above improvements.

4.

Dedication of land is governed by the procedure in subsection (k) of this section.

(e)

Formula for Fees in Lieu of Land Dedication.

1.

If (a) there is no park or recreation facility designated in the general plan within a proposed subdivision, or (b) the dedication of land is not feasible or compatible with the general plan, or (c) the city has previously acquired the necessary park property, or (d) the city otherwise determines that in lieu fees will be required, the subdivider shall pay a fee instead of land dedication.

2.

The amount of an in lieu fee required under this section shall be calculated and collected as follows:

a.

The fee shall equal fair market value of land within the city, and shall be set periodically by the city council through a city park fee resolution. Fair market value shall be the value of a typical buildable acre of land within the city suitable for residential or parkland development, excluding areas which are unbuildable due to flooding, topography, easements or other restrictions. The city has the sole discretion to determine what is fair market value of a typical buildable acre within the city, and the city's determination as to what constitutes a buildable acre of land shall be binding for purposes of this chapter.

b.

The city council shall at least once every other fiscal year, update the city park fee resolution. The city council may, at its option, choose to update the city park fee resolution more frequently as new market information becomes available. The fair market value established in the city park fee resolution shall be applied to the calculation of all park dedication in lieu fees required under this section.

c.

The fair market value established in each city park fee resolution shall be adjusted for inflation pursuant to the Bay Area Consumer Price Index until the next updated fair market value is established by the city council.

d.

Any applicable in lieu fee shall be paid in full to the city at the time of approval of the final map covering the territory in question.

(f)

Fees in Lieu of Land Dedication—Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the City may only require the payment of fees under this section, and may not require the dedication of land. However, this section does not preclude the dedication and acceptance of land for park and recreation purposes in a subdivision of fifty parcels or less if the subdivider proposes dedication voluntarily and the land is acceptable to the city.

(g)

Combination of Fees and Dedication. The city may approve a combination of fee payment and land dedication when:

1.

Only a portion of a proposed and accepted park falls within a subdivision. That portion shall be dedicated for park purposes and a fee is required for any additional amount of land that would otherwise be required for dedication; or

2.

A major part of the park or recreation site has already been acquired and only a small portion of land is needed from the subdivision to complete the site. The needed portion shall be acquired by dedication and a fee required for any additional amount of land that would otherwise be required for dedication; or

3.

The planning commission determines that a combination of fees and dedication will best serve the public interest.

(h)

Determination of Land or Fee. Whether the city accepts land dedication or requires a fee, or a combination of both, is determined by considering the following:

1.

Consistency with the applicable principles and standards for parks contained in the city's general plan;

2.

Topography, geology, access and location of land in the subdivision available for dedication. Proposed park sites should be designed so that eighty percent (80%) of the site has slopes of less than three percent and should be available for year-round use;

3.

Size and shape of the subdivision and land available for dedication;

4.

The feasibility of dedication;

5.

Whether the city has previously acquired sufficient land for park and recreation purposes;

6.

Whether the public interest is best served by the dedication of land or the imposition of an in lieu fee; and

7.

The factors set forth in subsections (f) and (g) of this article.

(i)

Partial Credit for Private Open Space. Where private open space for active park and recreation uses is provided in a proposed subdivision, the city may grant partial credit not to exceed twenty-five percent against the requirement of land dedication or payment of fees if the city finds it is in the public interest to do so and all of the following standards are met:

1.

Yard, court areas, setbacks and other open area or landscaping required to be maintained by the zoning and building ordinances and regulations are not included in the computation of credit; and

2.

The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and

3.

The use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be amended or eliminated without the city's consent; and

4.

The proposed private area is reasonably adoptable for use for active park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

5.

The proposed facilities are in substantial conformance with the parks and recreation element of the general plan; and

6.

At least three-quarters of an acre in area with the smallest dimension being at least one hundred feet clear excluding yards and setbacks normally required by the zoning code.

(j)

Credit for Park and Recreation Improvements. If the subdivider provides park and recreation improvements to the dedicated land (other than improvements required by subsection (d)(3) of this section), the value of the improvements shall be a credit against the payment of fees or dedication of land required by this section. To qualify for credit under this subsection, the subdivider must first obtain approval from the planning commission for the precise improvements to be installed.

(k)

Procedure.

1.

General. When a developer submits a tentative map to the city, he or she shall specify as part of the filing how he intends to satisfy the park dedication requirements of this section.

2.

Recommendation and Decision. At the time of recommending approval of a tentative map, the planning commission shall determine whether to require a dedication of land, payment of a fee instead, or a combination of both. The planning commission's decision shall be based upon a report and recommendation from city staff which shall include:

a.

The amount of land required for purposes of park dedication;

b.

Credit to be given under subsection (i) or (j) of this section;

c.

The location of the dedicated land or proposed use of in lieu fees.

3.

Time for Dedication or Payment.

a.

The subdivider shall dedicate the land required for dedication at the time of the filing of the final or parcel map for the subdivision.

b.

The subdivider shall dedicate land or pay the fee at the time of filing the final map or parcel map, unless the developer agrees with the city to pay at an earlier time.

(l)

Appeal. Appeal from any final action of the planning commission may be made in writing to the city council within ten days from the date of the planning commission's action. Such application shall be accompanied by a fee in an amount established from time to time by the city council. Advisory actions of the planning commission are not subject to appeal.

(m)

Use of Land and Fees.

1.

The land, fees, or combination of both may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

2.

The city council shall develop and adopt a schedule specifying how, when, and where it will use the land, fees and interest. Fees and interest collected under this section shall be committed within five years after the payment of the fees or the issuance of building permits on one-half the lots created by the subdivision, whichever occurs later.

(n)

Exemptions. This section does not apply to:

1.

Subdivisions containing less than five parcels and not used for residential purposes. However, the following condition shall be placed on the parcel map: If a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the owner of each such parcel is required to pay a park dedication fee under this chapter, as a condition of the issuance of the permit.

2.

Commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 441, § 2, 9-16-2008)

Article 41. - Density Bonus.

Sec. 41.01. - Encouragement of affordable housing.

The City of Colusa encourages the development of residential development that offers a percentage of its units at an affordable level. A density bonus is available to applicants who meet certain criteria as set by the California Government Code, Sections 65915—65918, as they may be amended from time to time, or the current equivalent. This section is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan.

(Ord. No. 505, § 29, 10-21-2014)

Pursuant to Government Code Sections 65915 and 65917, the city shall grant to a developer of a qualifying housing development who seeks a density bonus ("developer") either i) a density bonus or ii) a density bonus with an additional incentive(s) as set forth in this article. A density bonus housing agreement shall be made a condition of any density bonus approved pursuant to this section, and may be prepared as part of the development agreement ("DA") process. The agreement shall be recorded as a covenant on the parcel or parcels on which the designated affordable dwelling units will be constructed, which covenant shall run with the land.

(Ord. No. 505, § 29, 10-21-2014)

Sec. 41.03. - Eligibility for density bonus, incentives or concessions.

A.

Affordability Requirements. A developer entering into an agreement pursuant to Government Code Section 65915 to construct a housing development may qualify for a density bonus if the proposed housing development of five or more residential units:

1.

A minimum of five percent of the total units made available to very low income households, as defined by most recent version of the applicable sections of the California Health and Safety Code; or

2.

A minimum of ten percent of the total units made available to lower income households, as defined by most recent version of the applicable sections of the California Health and Safety Code; or

3.

A minimum of ten percent of the total units in a common interest development, made available to moderate income households, as defined by most recent version of the applicable sections of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase; or

4.

A senior housing development or senior-restricted mobile home parks, as defined by the most recent version of the applicable sections of the California Civil Code.

Government Code Section 65915.5 shall govern the availability of bonus incentives for projects which convert apartments to condominium projects which include at least thirty-three (33%) percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health & Safety Code, or fifteen (15%) percent of the total units to lower income households as defined in Section 50079.5 of the Health and Safety Code.

B.

Allowed Density Bonus. For purposes of calculating the density bonus, below, the developer shall select which qualifying subsection of subsection (A) under which he/she wishes the bonus to be awarded. Qualifying developments are eligible for a density bonus and one or more additional incentives or concessions as follows:

1.

Lower income households. A housing development eligible for a bonus in compliance with criteria of subsection (A)(1) (ten (10%) percent of lower income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(1).

2.

Very low income households. A housing development eligible for a bonus in compliance with criteria of subsection (A)(2) (five (5%) percent of very low income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(2).

3.

Senior citizen development. A housing development eligible for a bonus in compliance with criteria of subsection (A)(3) (senior citizen development or mobile home park) shall be entitled to a density bonus

calculated pursuant to Government Code Section 65915(f)(3).

4.

Common interest development. A housing development eligible in compliance with criteria of subsection (A)(4) (ten (10%) percent for moderate income households) shall be entitled to a density bonus calculated pursuant to Government Code Section 65915(f)(4).

5.

Density Bonus for Land Donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, the applicant shall be entitled to a fifteen (15%) percent increase above the otherwise maximum allowable residential development under the applicable zoning ordinance and general plan, as permitted by Government Code 65915(h)(1). This increase shall be in addition to any other density bonus. The applicant shall meet the standards in Government Code Section 65915(g) in order to qualify for the additional development.

6.

Density bonus for housing with child care facilities. The city shall grant a housing development that includes a child care facility in compliance with Government Code Section 65915 additional density bonus or incentives as provided for in Government Code Section 65915(g).

C.

Development Standards.

1.

Designated affordable units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

2.

If a project is to be phased, the density bonus units shall be phased in the same proportion as the nondensity bonus units, or phased in another sequence acceptable to the city.

3.

Circumstances may arise in which the public interest would be served by allowing some or all of the designated affordable units to be produced or operated at an alternative site.

D.

Inclusionary Housing. At the time of adoption of this density bonus ordinance, the city does not have an inclusionary housing policy in place. However, if an inclusionary housing policy is adopted, designated affordable units shall not count towards the requirements of the city's inclusionary housing requirements.

(Ord. No. 505, § 29, 10-21-2014)

A.

Applicant Request and City Approval. An applicant for a density bonus may submit to the city a proposal for the specific incentives or concessions listed that the applicant requests, and may request a meeting with the city planner prior to submitting the development application. The council shall grant an incentive or concession request that complies with the requirements of this section and state law, unless the council makes in writing, based on substantial evidence, the findings established in Government Code Sections 65195(d)(1)(A), 65195(d)(1)(B), or 65195(d)(1)(C).

B.

Number of Incentives. The applicant shall receive other concessions or incentives, as listed in subsection C of this section, which significantly contribute to the economic feasibility of construction of the qualifying development project. The number of concessions or incentives will be determined by Govt. Code Section 65915(d)(2).

C.

Types of Incentives. For the purposes of this section, bonus concessions or incentives which the city may provide include, but are not limited to, any of the following, as established in Government Code Sections 65915(l):

1.

A reduction in site development standards or a modification of zoning code requirements of architectural design requirements that exceed the minimum State of California Building Standards pursuant to California Government Code Section 65915(k);

2.

A modification of zoning ordinance requirements or design standards that result in identifiable financially sufficient and actual cost reductions that exceed minimum State of California Building Standards pursuant to California Government Code Section 65915(k), including but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required;

3.

Approval of mixed-use zoning in conjunction with the housing project, if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project; and

4.

Any other incentive or concession proposed by the developer or the city that results in an identifiable, financially sufficient, and actual cost reductions.

(Ord. No. 505, § 29, 10-21-2014)

Sec. 41.05. - Processing of bonus requests.

A.

Permit Requirement. A request for a density bonus and other incentives and concessions shall be evaluated and decided through the permit process in as though a planned unit development provided, the decision of the commission on a use permit application shall be a recommendation to the council, and the density bonus and other incentives and concessions shall be approved by the council.

B.

Findings for Approval. The approval of a density bonus and other incentives and concessions shall require that the review authority first make all of the following additional findings:

1.

The residential development will be consistent with the General Plan;

2.

The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3.

Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter; and

4.

There are sufficient provisions to guarantee that the units will remain affordable for the required time period.

(Ord. No. 505, § 29, 10-21-2014)

Sec. 41.06. - Density bonus agreement.

A.

Agreement Required and Provisions. An applicant requesting a density bonus agreement shall agree to enter into a recordable density bonus agreement ("agreement") with the city in a form approved by the city attorney. The executed agreement shall be recorded on the parcel or parcels designated for the construction of the designated affordable units. The approval and recordation shall take place prior to final map approval, or where a map is not being processed, prior to issuance of building permits for such parcels or units.

B.

Project Information. The agreement shall include at least the following information about the project:

1.

The total number of units approved for the housing development, including the number of designated affordable units;

2.

A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with U.S. Department of Housing and Urban Development ("HUD") Guidelines;

3.

The marketing plan for the affordable units;

4.

The location, unit sizes (square feet), and number of bedrooms of the designated affordable dwelling units;

5.

Tenure of the use restrictions for designated affordable dwelling units of the time periods required by this section and Government Code Section 65915;

6.

A schedule for completion and occupancy of the designated affordable dwelling units;

7.

A description of the additional incentives being provided by the city;

8.

A description of the remedies for breach of the agreement by the owners, developers, and/or successorsin-interest of the project; and

9.

Other provisions to ensure successful implementation and compliance with this Section and Government Code Section 65915.

C.

Minimum Requirements. The agreement shall provide, at a minimum, that:

1.

The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated affordable dwelling units at the appraised value;

2.

The deeds to the designated affordable dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated affordable dwelling units without the written approval of the city;

3.

When providing the written approval, the city shall confirm that the price (rent or sale) of the designated affordable dwelling unit is consistent with the limits established for low and very low income households, as published by HUD;

4.

The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated affordable dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

5.

Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

6.

In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services; and

7.

Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

8.

The designated affordable dwelling units that qualified the housing development for a density bonus and other incentive s and concessions shall continue to be available as affordable units in compliance with the requirements of Government Code Section 65915(c).

D.

For-Sale Housing Conditions. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of designated affordable dwelling units during the applicable restriction period:

1.

A requirement that designated affordable dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

Provisions as the city may require to ensure continued compliance with this section and state law;

3.

Terms for future sales and recapture of any equity to ensure continued affordability for the requisite time period, as prescribed by Government Code Section 65915(c).

E.

Rental Housing Conditions. In the case of rental housing development, the agreement shall provide for the following conditions governing the use of designated affordable dwelling units during the restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated affordable dwelling units for qualified tenants;

2.

Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this section;

3.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated affordable dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

4.

The applicable use restriction shall comply with the time limits for continued availability in compliance with this section.

F.

Execution of Agreement.

1.

Following Council approval of the agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated affordable dwelling units, at the county recorder's office.

2.

The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the designated dwelling units.

The agreement shall be binding on all future owners, developers, and/or successors-in-interest.

(Ord. No. 505, § 29, 10-21-2014)

Article 41.5. - By Right Housing Projects.

A.

Purpose and Intent. It is the purpose of this section to facilitate the development of qualifying affordable housing units by implementing Program H-2 H from the City of Colusa 2020-2028 Housing Element and to codify the statutory requirements found in the California Government Code section 65583.2(c) governing the same.

B.

Applicability. This section applies to the following sites listed in Table - 9.5-2 Inventory of Vacant Lands and identified as Assessor's Parcel Numbers (APNs); 017-130-079, 017-130-080, 001-084-015, 001-126-002, 001-203-002, 001-551-046, 001-351-047, 001-351-048, 002-070-012, 002-070-014, 002-110-014, 002110-020, 002-110-021, 002-160-037, 002-170-002, 002-170-005, 002-170-006, 002-260-010, 002-280004, 002-300-037, 002-320-006, 015-165-008, 015-165-009, 015-200-053, 015-200-072, 015-230-042, 015-320-038, 001-061-003, 001-072-006, 001-076-004, 001-084-002, 001-145-007, 001-183-013, 001184-014, 001-191-011, 001-191-012, 001-254-007, 001-296-017, 001-304-005, 001-305-013, 001-305014, 001-306-008, 001-151-009, 001-203-002, 002-120-027, 002-120-028, 002-120-026 and 002-120-029.

C.

Effect. Residential projects allowed as a use by right under this section shall be exempt from discretionary review and any corresponding discretionary permits that would otherwise be required by the Colusa Municipal Code. For purposes of this section "use by right" has the same meaning as provided in Government Code Section 665832.2(i).

D.

Requirements. A proposed owner-occupied or multifamily residential project shall be allowed as a use by right under this section if all the of the following requirements are satisfied:

1.

The project is located on a site listed in subsection B. above.

2.

The project complies with all applicable objective city policies and development standards established in the general plan or development code, or design standards, if adopted. Where there is conflict between other city requirements and this section, the provisions of this section apply.

At least twenty percent of the units are affordable to lower income households in accordance with Government Code Section 65583.2(c).

(Ord. No. 567, § 4, 3-4-2025)

Article 42. - High Density Housing Combining District.

Sec. 42.01. - Purpose.

The purpose of this combining district is to create a diversity of housing types in the city to meet the needs of all income levels by providing higher density housing to implement the General Plan.

(Ord. No. 505, § 30, 10-21-2014)

Sec. 42.02. - Uses permitted.

The following uses shall be permitted and regulations shall apply in all districts which are combined "HD" districts in addition to the regulations hereinbefore specified.

(a)

Multifamily.

(b)

Residential care facilities (small).

(c)

Supportive housing (small).

(d)

Transitional housing (small).

(e)

Emergency shelter.

(f)

Single room occupancy.

(g)

Farmworker housing.

(Ord. No. 505, § 30, 10-21-2014)

Sec. 42.03. - Uses requiring major use permits (planning commission).

(a)

One-family dwellings.

(b)

Duplex units.

(c)

Residential care facilities (large).

(d)

Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses.

(e)

Agriculture, horticulture, but not including stands or structures for the sale of agricultural or nursery products.

(Ord. No. 505, § 30, 10-21-2014)

Sec. 42.04. - Uses requiring minor use permits (planning director).

(a)

Home occupations.

(b)

Temporary real estate offices, tract sales offices and advertising signs, and tract construction offices and equipment yards for a period of not more than twelve months.

(Ord. No. 505, § 30, 10-21-2014)

Sec. 42.05. - Special regulations.

(a)

Minimum density shall be 16 units per acre.

(b)

Maximum density shall be 20 units per acre.

(c)

For projects containing 20 or more units, excluding senior housing, at least ten percent of the units shall have three or four bedrooms in order to provide for the housing needs of large families.

(d)

Emergency shelters shall be subject to all standards required in the base zoning district where they are allowed, but shall also be subject to the following additional standards:

1.

Off-street parking as provided under Section 29.01 of this article.

2.

Shall not be located within three hundred (300) feet of any other emergency shelter, unless such social service is located within the same building or on the same lot.

3.

There shall be adequate space inside the structure or in a court yard to ensure that prospective and current clients are not required to wait on sidewalks or any other public rights-of-way.

4.

Adequate interior and exterior lighting shall be provided.

5.

A management plan is required for all to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the city. Minimum standards and practices in the plan shall be as follows:

a.

The emergency shelter shall have an identified administrator and representative to address community concerns.

b.

The emergency shelter shall provide at least one responsible onsite supervisor, when clients are present, for every ten occupants.

c.

Residents shall be regularly evaluated by persons experienced in emergency shelter placement and/or management.

d.

The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services and employment opportunities.

e.

Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent housing may be provided, with or without meals, as an incident to the

operation of an Emergency Shelter.

f.

Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

g.

Emergency shelters shall be maintained in a safe and clean manner and free from refuse or discarded goods.

(Ord. No. 505, § 30, 10-21-2014)

Article 43. - Reasonable Accommodations.

Sec. 43.01. - Purpose.

This article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 505, § 31, 10-21-2014)

Sec. 43.02. - Applicability.

A.

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this Zoning Code or other city requirement, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This article is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

(Ord. No. 505, § 31, 10-21-2014)

Sec. 43.03. - Application requirements.

A.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the city, or in the form of a letter to the city planner, and shall contain the following information:

1.

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The Zoning Code provision, regulation or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A above, together for concurrent review with the application for discretionary approval.

(Ord. No. 505, § 31, 10-21-2014)

Sec. 43.04. - Review authority.

A.

City Planner. A request for reasonable accommodation shall be reviewed by the director if no approval is sought other than the request for reasonable accommodation.

B.

Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. No. 505, § 31, 10-21-2014)

Sec. 43.05. - Review procedure.

A.

City Planner Review. The city planner shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation. Such denial shall provide the grounds for denial of the request.

B.

Other Review Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall include the grounds for approval or denial of the request.

(Ord. No. 505, § 31, 10-21-2014)

Sec. 43.06. - Findings and decision.

A.

Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

Whether the housing in the request will be used by an individual disabled under the Acts;

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

5.

Potential impact on surrounding uses;

6.

Physical attributes of the property and structures; and

7.

Other reasonable accommodations that may provide an equivalent level of benefit.

B.

Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A above. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. No. 505, § 31, 10-21-2014)

Sec. 43.07. - Appeal of determination.

A determination to grant or deny a request for reasonable accommodation may be appealed, and the appeal must be filed within ten days of the date of the decision. An appeal of the city planner's decision goes to the planning commission.

(Ord. No. 505, § 31, 10-21-2014)

Article 44. - "M-U-B" Bridge Street Mixed-Use District—Regulations.

Sec. 44.01. - Purposes.

The purposes of the M-U-B Bridge Street Mixed-Use District are to:

a)

Accommodate transit-oriented development that provides a horizontally integrated mix of retail, professional, and service uses directed toward area residents and travelers along Bridge Street, as well as medium- to high-density residential uses ranging from 8—20 dwelling units per acre;

b)

Encourage development that exhibits the physical design characteristics of attractive building architecture and convenient vehicular/pedestrian access; and

c)

Promote the economic, health and well-being of residents and business owners, as well as lodging, entertainment, and shopping opportunities convenient for visitors and residents alike.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.02. - Uses permitted.

See Article 48, Mixed Use Districts Table.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.03. - Minimum height, bulk, and space requirements.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.04. - Indoor/outdoor operations.

All permitted uses in the M-U-B District must be conducted within completely enclosed buildings unless otherwise expressly authorized during the use permit and/or site review process. This requirement does not apply to off-street parking or loading areas, automated teller machines, drive-through or outdoor seating areas.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.05. - Floor-to-ceiling heights and floor area of ground-floor space.

All commercial floor space provided on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 11 feet and the following minimum floor area:

a)

At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or

b)

At least 20 percent of the lot area on lots with 50 feet of street frontage or more.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.06. - Floor area ratio.

The FAR shall range from 0.35 to a maximum of 1.0.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.07. - Transparency.

No requirements.

(Ord. No. 509, § 4, 10-20-2015)

Sec. 44.08. - Doors and entrances.

Buildings shall have a primary entrance door facing a sidewalk.

(Ord. No. 509, § 4, 10-20-2015)

Article 45. - "M-U-D" Downtown Mixed Use District—Regulations.

(RESERVED FOR FUTURE)

Article 46. - "M-U-M" Main Street Mixed Use District—Regulations.

(RESERVED FOR FUTURE)

Article 47. - "M-U-R" Residential Mixed-Use District—Regulations.

Sec. 47.01. - Purposes.

The purposes of the M-U-R Residential Mixed-Use District are to:

a)

Accommodate a horizontally integrated mix of retail, residential, professional, and service uses, as well as low- to medium-density residential uses ranging from 3—12 dwelling units per acre);

b)

Encourage retail and service establishments that would be complementary to residents; and

c)

Promote neighborhood conveniences.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.02. - Uses permitted.

See Article 48, Mixed Use Districts Table.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.03. - Minimum height, bulk, and space requirements.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.04. - Indoor/outdoor operations.

All permitted uses in the M-U-R District must be conducted within completely enclosed buildings unless otherwise expressly authorized during the use permit and/or site review process. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.05. - Floor-to-ceiling heights and floor area of ground-floor space.

All commercial floor space provided on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 11 feet and contain the following minimum floor area:

a)

At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or

b)

At least 20 percent of the lot area on lots with 50 feet of street frontage or more.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.06. - Floor area ratio.

The FAR shall range from 0.35 to a maximum of 1.0.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.07. - Transparency.

No requirements.

(Ord. No. 509, § 7, 10-20-2015)

Sec. 47.08. - Doors and entrances.

(1)

Buildings must have a primary entrance door leading to a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

(2)

Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

(Ord. No. 509, § 7, 10-20-2015)

Article 48. - Mixed Use Districts Table.

(Ord. No. 509, § 8, 10-20-2015)

Article 49. - Accessory Dwelling Units and Junior Accessory Dwelling Units.

Purpose.

The provisions of this section are intended to set standards, in compliance with California Government Code Sections 65852.2 and 65852.22, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood.

(Ord. No. 568, 5-20-2025)

Sec. 49.01. - General requirements.

An accessory dwelling unit:

(a)

May be located on any lot that allows a single-family or multifamily residential use and includes a proposed or existing dwelling.

(b)

Is not subject to the density requirements of the general plan, but shall otherwise be consistent with the general plan text and diagrams.

(c)

Shall not be used for rentals with terms of less than thirty days.

(Ord. No. 568, 5-20-2025)

Sec. 49.02. - Reserved. Sec. 49.03. - Permit requirements.

An application for an accessory dwelling unit or junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.

(a)

If the department, together with utility providers and county environmental health when a septic system is utilized, has not approved or denied the completed application within sixty days, the application shall be deemed approved. If the department denies an application for an accessory dwelling unit or junior accessory dwelling unit, it shall provide in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(b)

A permit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(c)

A permit shall not be denied for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other conditions, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the department finds that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

(d)

A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant is

not required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit.

(Ord. No. 568, 5-20-2025)

(a)

Step One—Submittal. The application for an accessory dwelling unit permit shall be submitted to the department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for an accessory dwelling unit permit shall include all of the following (except as noted below):

a.

Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within fifty feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans, if any; and average slope calculations for the site.

b.

Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.

c.

Elevations. Architectural elevations of each side of the proposed structure showing all wall height dimensions, openings, exterior finishes (including siding and window materials), original and finish grades, paint color, and roof pitch. The color of the existing or proposed primary residence shall be included if necessary to demonstrate compliance with section 49.09.a, below. Applications for accessory dwelling units which do not modify a building's exterior are not required to submit elevations per this subsection c.

(b)

Step Two—Decision. The department shall approve or deny an application for an accessory dwelling unit permit within sixty days of submittal of a complete application. The accessory dwelling unit permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this section.

(Ord. No. 568, 5-20-2025)

Sec. 49.05. - Utility connections and fees.

(a)

Except as provided in subsection 49.04.b, a separate new utility connection and payment of a connection fee or capacity charge pursuant to state law and city fee schedule will be required for any new accessory

dwelling unit.

(b)

No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single-family residence or an accessory structure, or for accessory dwelling units that are seven hundred fifty square feet or smaller. Any fee charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to square footage of the primary dwelling unit.

(Ord. No. 568, 5-20-2025)

Sec. 49.06. - Accessory development standards.

An accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:

(a)

General.

a.

No development standards shall be applied that would prohibit up to an eight hundred square foot accessory dwelling unit that is no more than sixteen feet in height with four-foot side and four-foot rear setbacks to be constructed in compliance with all other local development standards.

(b)

Setbacks.

a.

Single-family residential districts including single-family planning department zone districts. An accessory dwelling unit shall comply with the following setback requirements:

i.

A new attached or detached eight hundred square foot accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, and a front setback consistent with that of the primary dwelling unit in a standard zoning district. An eight hundred square foot accessory dwelling unit that complies with all other development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build an accessory dwelling unit on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this subsection. Side-corner setbacks shall be a minimum of four feet.

b.

Multifamily districts including multifamily districts. An accessory dwelling unit shall comply with the following setback requirements:

i.

A new attached or detached accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback. The front setback shall be consistent with a primary dwelling unit in the applicable standard zoning district, or the most similar standard zoning district. Side-corner setbacks shall be a minimum of eight feet.

c.

If the existing multifamily dwelling exceeds height requirements or has a rear or side setback of less than four feet, the department shall not require modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit.

(c)

No setback shall be required for an existing legally constructed living area, garage, or other accessory structure that is converted to an accessory dwelling unit with independent exterior access from an existing or proposed residence. A setback of five feet from the side and rear property lines is required for an accessory dwelling unit constructed above an existing legally constructed or proposed garage.

(d)

Any new attached accessory dwelling unit, detached accessory dwelling unit or expansion of the singlefamily dwelling to support the internal conversion for an accessory dwelling shall be designed to maintain appropriate setbacks, as described in subsection B (a) and (b) above, from the future width of any abutting public streets. Future street configurations shall be based on the widths, standards and right-of-way lines in the circulation element of the City of Colusa General Plan or specifically addressed in a resolution adopted by the city council.

(Ord. No. 568, 5-20-2025)

Sec. 49.07. - Maximum floor area.

(a)

New Detached ADUs: A newly constructed detached accessory dwelling unit (ADU) shall not exceed one thousand two hundred square feet of habitable space.

(b)

New Attached ADUs: A newly constructed attached ADU shall not exceed fifty percent of the existing residential square footage, except:

• A minimum of eight hundred fifty square feet must be allowed for a studio or one-bedroom ADU.

• A minimum of one thousand square feet must be allowed for ADUs with more than one bedroom.

(c)

Internal Conversion ADUs: An ADU created entirely within an existing single-family dwelling shall not exceed forty-five percent of the existing habitable space, excluding the garage, or one thousand two hundred square feet, whichever is less. However:

○ A minimum of eight hundred fifty square feet must be allowed for a studio or one-bedroom ADU.

○ A minimum of one thousand square feet must be allowed for ADUs with more than one bedroom.

(a)

An ADU created entirely within a detached accessory structure shall not exceed one thousand two hundred square feet.

(b)

Fire Sprinkler Requirement: An automatic fire sprinkler system must be installed in any building that undergoes a substantial remodel, addition, or both, if the total floor area is increased by more than fifty percent.

(Ord. No. 568, 5-20-2025)

Sec. 49.08. - Height limit.

(a)

A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet, except as follows:

a.

The department shall allow an additional two feet in height (up to eighteen feet) to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch on the primary dwelling unit.

b.

A detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor shall not exceed a height of eighteen feet.

c.

A height of eighteen feet is also permitted for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. A height of twenty-five feet applies to an accessory dwelling unit that is attached to a primary dwelling. This provision does not require the department to allow an accessory dwelling unit to exceed two stories.

(b)

A two-story accessory dwelling unit shall not exceed a maximum height of twenty-seven feet. No accessory dwelling unit shall exceed twenty-seven feet in height.

(c)

When an accessory dwelling unit is located above an existing or proposed garage, carport or other accessory structure, the entire combined structure shall not exceed twenty-seven feet in height. No accessory dwelling unit shall exceed twenty-seven feet in height.

(Ord. No. 568, 5-20-2025)

Sec. 49.09. - Lot coverage.

An accessory dwelling unit (ADU) must comply with the lot coverage requirements of the applicable zoning district. If the property is in a zoning district without specific ADU standards, the most similar zoning district shall apply, as determined by the planning department.

(Ord. No. 568, 5-20-2025)

(a)

Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by matching two or more of the following qualities of the accessory dwelling unit to the proposed or existing primary dwelling unit:

a.

Color;

b.

Siding material and style; or

c.

Architectural design elements and features, (e.g., roof pitch, window style, trim details).

(b)

Exterior Entrance. An accessory dwelling unit must include a separate exterior entrance.

(c)

Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.

(d)

Residential Development. A residential dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.

Sec. 49.11. - Number per lot.

Number of Units. No more than the number of ADUs allowed by state law may be constructed on any lot.

(Ord. No. 568, 5-20-2025)

Sec. 49.12. - Parking.

(a)

One off-street parking space is required for an ADU, except as outlined below. Parking may be uncovered, compact, tandem, or located within setback areas, unless deemed infeasible by the review authority due to site constraints, topography, or fire and life safety concerns.

a.

The ADU is seven hundred fifty square feet or less or a studio unit.

b.

The ADU is within an existing primary residence or an existing accessory structure.

c.

The ADU is permitted concurrently with a new single-family or multi-family dwelling on the same lot.

d.

The ADU is created by converting or demolishing a garage, carport, or covered parking structure (no replacement parking required).

(Ord. No. 568, 5-20-2025)

Sec. 49.13 - Standards for proposed accessory structures attached to an existing or proposed accessory dwelling unit.

(a)

A proposed accessory structure with a floor area less than fifty percent of the accessory dwelling unit floor area:

a.

Shall be processed ministerially in conjunction with the accessory dwelling unit.

b.

Shall comply with the lot coverage and setback requirements of this section.

(b)

A proposed accessory structure with a floor area that exceeds fifty percent of the total floor area of the accessory dwelling unit:

a.

Is subject to any discretionary review required by this zoning code.

b.

Shall comply with lot coverage, height, and setback requirements for an accessory structure in the applicable standard zoning district or the most similar standard zoning district.

Junior accessory dwelling unit.

The following provisions are intended to set standards, in compliance with California Government Code Section 65852.22, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. This section does not intend to override lawful use restrictions as set forth in conditions, covenants and restrictions.

(Ord. No. 568, 5-20-2025)

Sec. 49.14. - General requirements.

A junior accessory dwelling unit:

(a)

May be located on any lot that allows single-family or multifamily dwellings and that contains only one existing or proposed single-family detached dwelling. Only one junior accessory dwelling unit shall be permitted per parcel.

(b)

Is not subject to the density requirements of the general plan but shall otherwise be consistent with the general plan text and diagrams.

(c)

Shall not be used for rentals with terms of less than thirty days.

(Ord. No. 568, 5-20-2025)

Sec. 49.15. - Reserved Sec. 49.16. - Permit requirements.

An application for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.

(Ord. No. 568, 5-20-2025)

Sec. 49.17. - Application and processing requirements.

(a)

Step One—Submittal. The application for a junior accessory dwelling unit permit shall be submitted to the department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a junior accessory dwelling unit permit shall include all the following:

a.

Plot plan. If any expansion of the foundation is required for a junior accessory dwelling unit, a plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within fifty feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans, if any; and average slope calculations for the site.

b.

Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.

c.

Deed restrictions. Deed restrictions completed, signed and ready for recordation in compliance with subsection G.

(b)

Step Two—Decision. The department shall approve or deny an application for a junior accessory dwelling unit permit within sixty days of submittal of a complete application. A junior accessory dwelling unit permit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this section. A permit for a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.

(Ord. No. 568, 5-20-2025)

Sec. 49.18. - Utility connection fees.

No new or separate utility connection and no connection fee for water, sewer, or power is required for a junior accessory dwelling unit.

(Ord. No. 568, 5-20-2025)

Sec. 49.19. - Development standards.

A junior accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:

(a)

Maximum floor area. The junior accessory dwelling unit shall not exceed five hundred square feet in total floor area.

(b)

Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing or proposed single-family dwelling, which includes the walls of an attached garage. However, an additional one hundred fifty square feet is permitted to allow for a separate entrance into the unit.

(c)

Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen as defined by the Government Code Section 66333(f)(1) and (f)(2)

(d)

Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling. A separate bathroom facility shall be provided if the junior accessory dwelling unit does not include an interior entry into the primary residence.

(e)

Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

(f)

Parking. Off-street parking shall not be required for junior accessory dwelling units. No replacement offstreet parking spaces are required when a junior accessory dwelling unit is created through the conversion or demolition of an attached garage, carport or covered parking structure.

(Ord. No. 568, 5-20-2025)

Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the county recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:

(a)

The junior accessory dwelling unit shall not be sold separately from the single-family residence;

(b)

The junior accessory dwelling unit shall be considered legal only if either the primary residence or junior accessory dwelling unit is occupied by the owner of the property's record. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization;

(c)

The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval junior accessory dwelling unit and may result in legal action against the property owner;

(d)

The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection before the final map or parcel map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction;

(e)

A junior accessory dwelling unit shall not exceed five hundred square feet of total floor area and shall comply with the development standards in subsection 49.19.

(Ord. No. 568, 5-20-2025)