Chapter 17.67 — OUTDOOR ADVERTISING SIGN REGULATIONS

The purpose of this chapter is to create a comprehensive and balanced system of sign regulation which will facilitate communication and simultaneously serve various public interests, including but not limited to safety and community aesthetics. It is the intent of this chapter to authorize signs that encourage a desirable urban character consistent with the general plan, preserve appearance of the city overall, eliminate confusing, distracting, or dangerous sign displays which interfere with vehicular traffic and pedestrian safety, and promote the fair and equal treatment of sign users.

(Ord. No. 682, 1-14-2020)

A.

As used in this chapter, unless otherwise stated:

1.

"Advertising" means the act of calling public attention to one's product or service.

2.

"Major arterial" means Solano Street, Highway 99W, or South Ave.

3.

"Off-premise sign" means any sign which directs attention to a business, service, product or entertainment not sold or offered or only incidentally sold or offered on the premises on which the sign is located.

4.

"Political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election or referendum, or pertaining to the advocating by persons, groups or parties of political views or policies.

5.

"Portable sign" means any sign set upon the ground in such a manner that it would be considered moveable or temporary.

6.

"Service club" means an association of business or professional people with the aims of promoting community welfare and goodwill.

7.

"Sign" means any card, cloth, paper, metal, painted or wooden sign of any character placed for outdoor advertising purposes on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned.

(Ord. No. 682, 1-14-2020)

A.

The following specific land use regulations are intended to be applied within the various zoning districts of the City of Corning. Whenever conflict occurs between the regulations in this chapter and another, the more restrictive regulation shall apply.

B.

It is unlawful for any person to construct, maintain, display or alter a sign within the city, except in conformance with this chapter, the Uniform Sign Code, the Outdoor Advertising Act, and other applicable California law.

C.

In addition to complying with these regulations, applicants for sign permits may need to acquire sign construction permits issued in accordance with the uniform sign code and are advised to consult with the Corning Building and Safety Department before installing outdoor advertising signage.

(Ord. No. 682, 1-14-2020)

A.

The following signs shall be allowed and shall not be included in the determination of type, number or area of signs allowed in each zone district. Furthermore, no permit for the installation, replacement or refacing of these signs is required.

1.

Official federal, state or local government flags, emblems and historical markers, traffic directional and information signs and notices issued by any court, person or officer in performance of a public duty or any

other sign that is required to be posted by any government agency.

2.

Temporary signs warning of construction, excavation or similar hazards so long as the hazard exists.

3.

One temporary sign per parcel with a display surface of each sign not exceeding forty square feet per side used to indicate owner, builder, architect and pertinent data regarding building construction on the building site during construction only.

4.

Temporary real estate signs indicating that the property on which the sign is located is for sale, rent or lease. One such sign with a single display surface not exceeding sixteen square feet per side is permitted along each street frontage.

5.

Parking lot and other private traffic directional signs, and miscellaneous permanent information signs in commercial, industrial or public zones indicating address, hours and days of operation, menus, or similar information.

6.

Price signs for fuel sales. Not more than two price signs for each frontage, with a single display area not exceeding twenty square feet each, or a double display area not exceeding forty square feet each, located on the premises but not within the public right of way.

7.

Bulletin boards for public, charitable or religious institutions.

8.

Temporary window signs.

9.

Clustered service club signs.

10.

Signs painted on walls which do not exceed the square footage or height that would be allowed for any other type of sign.

11.

Temporary political signs when placed on private property.

Temporary banners, advertisements and directional signs for community activities or events when approved by the City of Corning and located on public property.

(Ord. No. 682, 1-14-2020)

17.67.050 - Permitted outdoor advertising signs.

A.

The following outdoor advertising signs, which shall advertise the business or businesses occurring on the site, are permitted.

1.

In R-1 zones:

a.

"Home occupation" signs that do not exceed two square feet in display area.

2.

In R-2, R-3, R-4 zones:

a.

"Home occupation" signs that do not exceed two square feet in display area.

b.

Monument signs displaying the name, address and contact information for the multi-family residential, church or institutional use authorized onsite. Such monument signs shall not exceed four feet in height, or eight feet in width nor thirty-two square feet of display area per side.

3.

In C-1 Zones:

a.

Exterior wall, projecting or suspended signs pertaining to the business or use conducted on the premises, which shall be attached parallel to and not project more than two feet from a wall of a building, or be suspended beneath a canopy which is a structural part of a building, provided that any suspended sign shall be eight feet or more above any sidewalk. No sign shall project above the roof ridgeline of the building on the site, and the sum of the areas of all such signage shall not exceed fifteen percent of the "building face area" to which it is attached. "Building face area" is the product of the height and the width of a building façade where the signage is affixed. Wall-mounted, projecting or hanging signs may be internally or externally illuminated. Floodlights utilized for external illumination shall be directed inward and downward onto the property illuminated.

b.

One freestanding sign per parcel may be permitted upon the securing of a use permit in each particular case. Freestanding signs may not exceed twenty-five feet in height, or fifty square feet in display area per side in C-1 zones. Freestanding signs shall be placed within landscaped planters sized not smaller than the sum of the display area of freestanding signage. (Rewrite of 17.18.020.F)

4.

In C-2 zones:

a.

Exterior wall, projecting or suspended signs pertaining to the business or use conducted on the premises, which shall be attached parallel to and not project more than two feet from a wall of a building, or be suspended beneath a canopy which is a structural part of a building, provided that any suspended sign shall be eight feet or more above any sidewalk. No sign shall project above the roof ridgeline of the building on the site, and the sum of the areas of all such signage shall not exceed twenty percent of the "building

face area" to which it is attached. "Building face area" is the product of the height and the width of a building façade where the signage is affixed. Wall-mounted, projecting or hanging signs may be internally or externally illuminated except as provided below. Floodlights utilized for external illumination shall be directed inward and downward onto the property illuminated.

b.

Exterior wall, projecting or suspended signs within "priority zone 1" as identified in the Corning Façade Improvement Program Design and Financial Workbook (dated July 1999) shall not be internally illuminated, except that "neon" signage is permitted.

c.

One freestanding sign per parcel which may not exceed thirty-five feet in height, nor seventy-five square feet per side in display area. Freestanding signs shall be placed within landscaped planters sized not smaller than the sum of the display area of the freestanding signage. Freestanding signs placed within "Priority Zone 1" as identified in the Corning Façade Improvement Design and Financial Workbook (dated July 1999) shall not be internally illuminated, except that "neon" signage is permitted.

d.

A second freestanding sign on a single parcel or a single sign exceeding the height or area limit may be permitted upon approval of a use permit.

5.

In C-3, CH, SPMU, M-1 & M-2 zones:

a.

Exterior wall, projecting or suspended signs pertaining to the business or use conducted on the premises, which shall be attached parallel to and not project more than two feet from a wall of a building, or be suspended beneath a canopy which is a structural part of a building, provided that any suspended sign shall be eight feet or more above any sidewalk. No sign shall project above the roof ridgeline of the building on the site, and the sum of the areas of all such signage shall not exceed twenty-five percent of the "building face area" to which it is attached. "Building face area" is the product of the height and the width of a building façade where the signage is affixed. Wall-mounted, projecting or hanging signs may be internally or externally illuminated. Floodlights utilized for external illumination shall be directed inward and downward onto the property illuminated.

b.

One freestanding sign per parcel which may not exceed forty-five feet in height, nor one hundred twenty square feet per side in display area. Freestanding signs shall be placed within landscaped planters sized not smaller than the sum of the display area of the freestanding signage.

c.

A second freestanding sign on a single parcel or a single sign exceeding the height or area limit may be permitted upon approval of a use permit.

d.

On properties within one thousand feet of the Interstate 5 right of way, one freestanding freeway-oriented sign per parcel. Signs within Highway 99-W specific plan area must conform to the design guidelines of that document.

6.

In all commercial or industrial zones: One freestanding "portable sign" per operating business, conforming to the following requirements:

a.

The sign may be no higher than five feet above grade.

b.

The sign may be no wider than three feet and is limited to a maximum of fifteen square feet of display area per side.

c.

Portable signs must be placed within two feet of the curb and must provide at least five feet of pedestrian path between the sign and the nearest wall.

d.

Portable signs shall not be closer than twenty feet to the next nearest portable sign.

e.

Portable signs may not obstruct vehicle sight distance by placing a sign too close to as street corner.

f.

If located on public property, the is subject to enforcement of public works director.

g.

May be displayed only during operating business hours.

h.

Must be stabilized to resist wind.

(Ord. No. 682, 1-14-2020)

The following signs are prohibited within the City of Corning:

A.

Billboards, except "welcome/wayfinding signs" as permitted by section 17.67.090 of the Outdoor Advertising Sign Regulations. Dangerous or hazardous signs, as determined by the building official.

B.

Obsolete signs which advertise a business no longer operating on the site.

C.

Signs erected at or near the intersection of any street or driveway to obstruct free and clear vision.

D.

Roof signs where the highest point of the sign exceeds the highest point of the roof to which it is affixed.

E.

Political signs on public property.

F.

Signs that do not comply with these regulations.

G.

Signs mounted on vehicles. No person shall park any vehicle, equipment (cranes or boom trucks), or trailer on a public right-of-way, on public property, or on private property so as to be visible from a public right-ofway that has attached thereto or located thereon any sign or advertising device for the basic purpose of

providing advertisement of products and services or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle.

(Ord. No. 682, 1-14-2020)

17.67.070 - Off-premises signs.

A.

General standards

1.

An administrative use permit must be obtained for any off-premises sign.

2.

Off premise sign permits shall only be issued to businesses that are not located on a major arterial.

3.

Off-premise signs are permitted for directional purposes only. Off premise signs for advertising are expressly prohibited.

4.

Not more than one off premise sign is allowed per business.

5.

Written approval of property owner is required as a condition of issuing the sign permit. This agreement must include owner's authorization to install sign and note who assumes responsibility for maintenance of the sign, and for removing the sign at end of approved term.

6.

No off-premises sign(s) shall project over any public right-of-way or sidewalk.

7.

Off-premise signs must be located on commercial or industrial zoned property only.

8.

Must be approved by the planning commission.

9.

Any off-premise sign must not exceed a total height of four feet.

Any off-premise sign must not exceed a maximum area of twelve square feet.

11.

Planning commission must approve the design of all off-premise signs.

12.

Only one off-premise sign per parcel is permitted.

13.

Must comply with all terms of the Outdoor Advertising Act, B&P Code Section 5200.

(Ord. No. 682, 1-14-2020)

A.

On-site flag signs shall be permitted so long as they comply with the following requirements:

1.

Each flag sign shall not exceed a maximum size of twenty-five square feet in sign area. Only one side of a flag will be counted for the purposes of determining sign area.

2.

The maximum height of the flag sign, including any support structures, poles or hinges may be no greater than ten feet.

3.

Flag signs may not be located in a residential zoning district and shall only be permitted within the designated commercial downtown area, on commercial zoned properties, and on industrially zoned properties.

4.

Flag signs shall be prohibited in the public right-of-way.

5.

Flag signs shall be allowed to be displayed only during the business hours of the business for which the flag sign has been established.

6.

Only one flag sign is permitted per business.

Flag signs shall not be placed in an area where they would in any way block the view of drivers of vehicles or pedestrians when at or approaching intersections or driveways.

8.

Flag signs shall not use, incorporate or affix materials and accessory attachments not a part of the flag itself (streamers, balloons, wind socks, reflectors, etc.) to increase visibility.

9.

Flag signs shall not be attached to utility poles, light fixtures, traffic control devices or similar objects.

(Ord. No. 682, 1-14-2020)

A.

"Welcome/wayfinding signs" is a freestanding "off-premises" sign that includes a community "welcome" message and directional information to ten or fewer businesses which shall be displayed on individual placards. The "welcome/wayfinding" signs shall be located within one hundred feet of the Edith Ave./Hwy. 99W./Solano St. intersection or the South Ave./Hwy. 99W. Intersection and comply with the following regulations and design standards;

1.

Not more than two signs shall be permitted. Only one sign will be permitted at each intersection.

2.

Have a maximum of ten business placards per sign. Five placard spaces will be reserved for businesses associated with the olive industry or an agricultural operation that welcomes visitors to its site.

3.

Businesses displaying placards shall be located within the City of Corning or be associated with the olive industry an agricultural operation that welcomes visitors to its site.

4.

Each business or businesses placing a placard on the sign must make an initial non-refundable deposit of one hundred dollars with the City of Corning for future removal of the placard if that particular business ceases to exist or the businesses fail to maintain the sign or plaque in proper condition as determined by the city council.

5.

The maximum size shall be three hundred fifty cubic feet, maximum height thirty feet above grade, maximum width of fifteen feet including support structures.

6.

Incorporate the Corning marketing logo with graphics, color, design, and style as adopted by the city council into the "Welcome" message. Each placard placed on the sign must be identical in size, style, color and design.

7.

Be composed of materials that are durable for the projected life span of the sign and protected with approved graffiti resistant coatings.

8.

Be designed and constructed to minimize maintenance and located in an area that will not impede vehicular sight distance at the intersections and minimize the likelihood of being struck by an errant vehicle.

a.

Be located where maintenance can be easily performed.

9.

Must obtain an encroachment permit from the City of Corning Public Works Department, if applicable, a building permit from the City of Corning Building Department and comply with any applicable local, state, and federal regulations.

10.

Prior to issuance of a building permit for the sign the applicant(s) must submit a scaled colored drawing or photo of the sign in the location where it will be constructed for review by the planning commission. If in their review the planning commission determines that the proposed sign does not conform to these regulations and design standards, then the building permit will be denied.

(Ord. No. 682, 1-14-2020)

A.

"Digital display signs" are permitted with the city if consistent with the provisions of this section.

B.

"Digital display signs" means signs that use technologies such as LCD, LED and projection to display content such as digital images and information. Any displays shall display unanimated images and/or copy. For the purposes of this section, unanimated images and/or copy shall be defined as those which are changed no more than once per twenty-four hours.

C.

"Digital display signs" shall not be brighter than the illumination limit recommended by the International Sign Association (ISA) for electronic message center signs, or three tenths footcandles above ambient light when measured at the recommended distance as set forth by the ISA. Signs shall be equipped with a photocell, timer or other similar device which automatically dims the display during nighttime hours ten p.m. to six a.m. to prevent glare impacts to motorists.

D.

Signs under this section will only be permitted in commercial zones.

E.

No off-premises advertising will be permitted with "digital display signs."

F.

Scrolling is permitted for "digital display signs," but not animated images.

G.

No personal messages are permitted on "digital display signs."

(Ord. No. 711, § 1, 1-14-2025)

Violation of any section or provision of this chapter shall be an infraction and violators shall be subject to the provisions of chapter 1.08.

(Ord. No. 682, 1-14-2020)

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The council hereby declares that it would have passed this ordinance and adoptedthis article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 682, 1-14-2020)

Chapter 17.68 - LICENSED RESIDENTIAL CARE FACILITIES

This chapter implements applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located. To protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential

care facilities shall be assessed, allowed and developed in accordance with the standards set forth in this chapter.

(Ord. No. 713, § 1(Att. B), 6-10-2025)

A.

Small licensed residential care facilities and unlicensed residential care facilities shall be considered a residential use of property. Small residential care facilities, licensed, and unlicensed residential care facilities are permitted uses in all zones permitting residential uses in the City of Corning, subject to compliance with the restrictions and development standards for other residential dwellings of the same type (e.g., single-family or multi-family) in the same zone.

B.

A large licensed residential care facility that also qualifies as supportive housing or transitional housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multi-family) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as "supportive housing" as defined in Government Code Section 65650 (which has a different definition of "target population" than the definition in chapter 17.06 (Definitions), then the facility shall be a use by-right in all zones where multi-family and mixed uses are permitted and shall be processed as required by Government Code Sections 65650, et seq.

C.

Large licensed residential care facilities shall be considered a residential use of property and shall be permitted with a conditional use permit in all zones permitting residential uses in the City of Corning, subject to the requirements of chapter 17.54 (Conditional Use Permits).

(Ord. No. 713, § 1(Att. B), 6-10-2025)

The following development standards shall apply to a large licensed residential care facility:

A.

Development Standards. Unless otherwise indicated below, the large licensed residential care facility must conform to the development standards for the zoning classification in which it is located.

B.

Accessory Dwelling Units. The large licensed residential care facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose.

C.

Kitchens. The large licensed residential care facility must provide either of the following:

1.

Congregate dining facilities; or

2.

Kitchens in individual units.

D.

Landscaping. The large licensed residential care facility shall provide minimum landscaped areas in accordance with the landscaping standards for the zoning classification in which it is located.

E.

Signs. The large licensed residential care facility shall comply with the provisions of chapter 17.67 (Outdoor Advertising Sign Regulations).

F.

Lighting. The large licensed residential care facility shall comply with the provisions of the lighting standards for the zoning classification in which it is located. Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.

G.

Parking. The large licensed residential care facility shall comply with the parking requirements as provided in chapter 17.51(Off-Street Parking Requirements).

H.

Common Areas and Open Space. The large licensed residential care facilities shall include at least threehundred fifty square feet of indoor or outdoor common areas or open space, plus five square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than three-hundred fifty square feet.

I.

Management. The large licensed residential care facilities shall have either:

1.

A manager who resides on-site; or

2.

A number of persons acting as a manager who are either present at the facility on a twenty-four hours basis or who will be available twenty-four hours a day, seven days a week to physically respond within forty-five minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the large licensed residential care facilities pursuant to state law.

J.

Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

K.

Personal Storage. Each resident of the large licensed residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

(Ord. No. 713, § 1(Att. B), 6-10-2025)

The application for a large licensed residential care facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the large licensed residential care facility is proposed, and with the requirements outlined in chapter 17.54 (Conditional Use Permits). In addition, the application for a large licensed residential care facility shall include the following:

A.

Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the conditional use permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application:

1.

Every general partners of the partnership;

2.

Every owner with a controlling interest in the corporation.

B.

The person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the use permit.

C.

Owner Authorization. If the operator of the large licensed residential care facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner's authorization and approval to operate the large licensed residential care facility at the property.

D.

Parcel Information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the large licensed residential care facility is proposed.

E.

Project Description. A narrative project description of the large licensed residential care facility that summarizes the proposed use and its purpose.

(Ord. No. 713, § 1(Att. B), 6-10-2025)

Chapter 17.69 - TRANSITIONAL AND SUPPORTIVE HOUSING

This chapter establishes the development standard requirements for transitional and supportive housing as required by state law.

(Ord. No. 713, § 1(Att. B), 6-10-2025)

17.69.020 - Development standards for supportive housing, up to fifty units.

Transitional and supportive housing, as defined in Sections 50675.2 and 50675.14, respectively, of the California Health and Safety Code, constitutes a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

(Ord. No. 713, § 1(Att. B), 6-10-2025)

17.69.030 - Development standards for supportive housing, up to fifty units.

Pursuant to Section 65651 of the Government Code, supportive housing development with up to fifty supportive housing units shall be permitted by-right in all zones where multi-family and mixed-use residential development are permitted provided the development satisfies all of the following requirements:

A.

All supportive housing units within the development are subject to a recorded affordability restriction for fifty-five years.

B.

One hundred percent of the units, excluding managers' units, within the development are dedicated to lower-income households and are receiving public funding to ensure affordability of the housing to lower-

income Californians. For purposes of this paragraph, "lower-income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

C.

At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet the criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

D.

The developer shall provide the information required by Section 65652 of the Government Code to the planning department.

E.

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

1.

For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.

2.

For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

F.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Section 65915(c)(3) of the Government Code.

G.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

H.

Notwithstanding any other provision of this section to the contrary, the city shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

1.

The owner demonstrates that it has made good faith efforts to find other sources of financial support.

2.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.

3.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

(Ord. No. 713, § 1(Att. B), 6-10-2025)

Chapter 17.70 - URBAN LOT SPLITS

A.

The purpose of this chapter is to establish objective zoning standards and regulations to govern the development of qualified Senate Bill 9 (SB 9) subdivisions and development projects in residential zoned properties within the city. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill projects while ensuring that the new units are consistent with the city's character and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under as reflected in Government Code Section 65852.21 and 66411. 7.

B.

The provisions of this chapter shall be the primary regulations for the subdivisions of land for SB 9 dwelling units. To the extent that an aspect of the subdivision of land for SB 9 dwelling units is not addressed by the chapter, other provisions of this Code shall apply. In the event of a conflict between this chapter and another provision of this Code, as it applies to the subdivision of land for 9 units, this chapter shall prevail.

(Ord. No. 702, § 1, 10-25-2022)

For purposes of this chapter and chapter 17.71, the following definitions apply:

A.

"A person acting in concert with the owner[1 ] ' means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

B.

"Adjacent parcel" means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right of way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

C.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

D.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or a family member of an investor if the entity owns ten percent or more of the interest in the property.

E.

"Director" means the city of Corning city manager or their designee.

F.

"Very low-income households" has the meaning set forth in Health & Safety Code Section 50105.

G.

"Lower-income household" has the meaning set forth in Health and Safety Code Section 50079.5.

H.

"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093.

I.

"Sufficient for separate conveyance" means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.

J.

"Two-unit development" means a development that proposes no more than two units or proposes to add one new unit to one existing unit and that meets all the criteria and standards set forth in chapter 17.71.

K.

"Urban lot split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

(Ord. No. 702, § 1, 10-25-2022)

17.70.30 - Permit application and procedures/urban lot splits.

A.

Application and review authority. An application for an urban lot split shall be made by the property owner and filed with the planning department on a form prescribed by the director, containing such information as reasonably requested by the director, and accompanied by the appropriate fee.

B.

Ministerial review. For applications that satisfy the requirements of this chapter, the director shall approve a parcel map as a ministerial permit, without discretionary review, public hearing, or design review. The decision shall be final and shall state in writing the reasons for approval or denial, consistent with qualifying criteria listed in 17.70.040.

C.

Review timing. The city shall act upon an application for an urban lot split within the time limits provided by the subdivision map act.

(Ord. No. 702, § 1, 10-25-2022)

Applications for urban lot splits must meet the following requirements. No exceptions to the standards in this section shall be requested or granted.

A.

The parcel is located within a single-family residential zone.

B.

The parcel being subdivided is not located on a site that is any of the following:

1.

Either prime farmland or farmland of statewide importance as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and monitoring program of the department of conservation, or land zoned or designated for agricultural protection or preservation by local ballot measure that was approved by the voters of that jurisdiction.

2.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, part 660 FW 2 (June 21, 1993).

3.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to

section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the city, pursuant to subdivision(b) of section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

4.

A hazardous waste site but that is listed pursuant to section 65962.5 of the Government Code, or a hazardous waste site designated by the department of toxic substances control pursuant to section 25356 of the Health and Safety Code, unless the state department of public health, state water resources control board or department of toxic substances control has cleared the site for residential use or residential mixed uses.

5.

Within a delineated earthquake fault zone as determined by the state geologist in any official maps published by the State Geologist, Element complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health & Safety Code), And by the building department under chapter 12.2 (commencing with section 8875) of division 1 of title 2 of the Government Code.

6.

Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (one hundred year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standards or action adopted by the city that is applicable to that site. The development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the national flood insurance program pursuant to part 59 commencing with section 59.1) and part 60 (commencing with section 60.1) of subchapter b of chapter I of title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless, the development has received a no-rise certification in accordance with section 60.3(d)(3) of title 44 of the Code of Federal Regulations. If a development proponent can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

8.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the natural community conservation planning act (chapter 10 (commencing with section 2800) of division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal endangered species act of 1973 (16 u.s.c. sec. 1531 et seq.), or other adopted natural resource protection plan.

9.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal endangered species act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the native plant protection act (chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10.

Lands under conservation easement.

C.

The lot split shall result in no more than two parcels (one net new parcel) of approximately equal lot area, provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision and in no instance shall any resulting lot be smaller than twelve hundred square feet in area.

D.

The resulting parcels shall comply, with the lot size, frontage, width, and front & rear requirements of title 17 -Zoning, except that the Director will grant the minimum necessary exceptions to any requirement that would physically preclude the original parcel from being subdivided into two parcels that are not smaller than twelve hundred square feet, so long as one of the parcels is no smaller than forty percent of the lot area of the parcel proposed for subdivision.

E.

The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last three years.

F.

The parcel is not located within a historic district or property included on the state historic resources inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark or historic property or historic district pursuant to a city ordinance or as indicated in the city.

G.

The parcel being subdivided was not created by an urban lot split as provided in this section.

H.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided in this section.

I.

The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

1.

The application of such standards shall be modified by the director if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than eight hundred square feet. Any modifications of development standards shall be the minimum modifications necessary to avoid physically precluding two units of eight hundred square feet on each parcel.

2.

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

J.

Each resulting parcel shall have access to, provide access to or adjoin the public right-of way. Each resulting parcel shall be required to meet the design standards of this Code for subdivisions. Additionally, lot lines shall be:

1.

Straight lines unless there is a conflict with existing improvements or the natural environment;

2.

Generally parallel to the street when facing a street or be at right angles perpendicular to the street on the straight streets, or radial to the street on curved streets;

3.

Within appropriate physical locations (e.g., does not bisect buildings);

4.

Contiguous with existing zoning boundaries.

5.

Lot lines shall not result in an accessory building or accessory use on a lot without a main building on the same lot.

K.

Proposed adjacent or connected dwelling units shall be permitted if they meet building and safety standards and are designed sufficient to allow separate conveyance. The proposed dwellings shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

L.

No more than two units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development.

M.

Parking. One parking space shall be required per unit constructed on parcel created through an urban lot split, except that no parking may be required when:

1.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

2.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

N.

Compliance with subdivision map act. The urban lot split shall conform to all applicable objective requirements of the subdivision map act (Government Code Section 66410 et seq.), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights of way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities.

O.

The correction of non-conforming zoning conditions may not be required as a condition of approval.

P.

Parcels created by an urban lot split may be used for residential uses only and may not be used for rentals of less than thirty days.

Q.

If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300 (d).

R.

Urban lot splits shall be subject to all impact and other development fees imposed on the approval of a parcel map.

S.

Specific adverse impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

T.

A building permit application for SB 9 dwelling units must be submitted concurrently with the parcel map application to demonstrate compliance with SB 9 development standards and this chapter for newly created lots.

(Ord. No. 702, § 1, 10-25-2022)

17.70.050 - Additional required documentation.

A.

Owner-occupancy affidavit. The applicant for an urban lot split shall sign an affidavit, in the form approved by the city attorney, stating that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection shall not apply to an applicant that is a community land trust as defined in clause (ii) of subparagraph (11) of subdivision (a) of Section 402.1 of the Revenue & Taxation Code or is a "qualified nonprofit corporation" as described in section 214.15 of the Revenue & Taxation Code.

B.

Additional affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in section 17.70.040(F) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished). The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.

C.

Recorded covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant in the form prescribed by the city attorney which shall run with the land and provide the following:

1.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section; and

2.

A prohibition on nonresidential uses of any units developed or constructed on either resulting parcel, including a prohibition against renting, or leasing the units for fewer than thirty consecutive calendar days.

3.

A decision to approve or deny an urban lot split shall be final.

(Ord. No. 702, § 1, 10-25-2022)

Chapter 17.71 - TWO-UNIT DEVELOPMENT

The purpose of this chapter is to provide objective zoning standards for two-unit developments within single family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21, to facilitate the development of new residential housing units consistent with the city's general plan, and to ensure sound standards of public health and safety.

(Ord. No. 702, § 2, 10-25-2022)

For purposes of this chapter, the definitions contained in section 17.70.020 shall apply.

(Ord. No. 702, § 2, 10-25-2022)

17.71.030 - Permit application and procedures.

A.

Application and review authority. An application for two-unit development shall be made by the property owner and filed with the planning department on a form prescribed by the director, containing such information as reasonably requested by the director, and accompanied by the appropriate fee.

B.

Ministerial review. For applications that satisfy the requirements of this chapter, the director or designee shall approve a parcel map as a ministerial permit, without discretionary review, public hearing, or design review. The decision shall be final and shall state in writing the reasons for approval or denial.

C.

Review timing. The city shall act upon an application for a two-unit development within the time limits provided by the permit streamlining act.

(Ord. No. 702, § 2, 10-25-2022)

Applications for two-unit developments must meet all the following requirements. No exceptions to the standards in this section shall be requested or granted.

A.

The parcel is in a single-family residential zone.

B.

The two-unit development is not located on a site that is any of the following:

1.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, part 660 FW 2 (June 21, 1993).

3.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City of Corning (County of Shasta), pursuant to subdivision (b) of section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

4.

A hazardous waste site that is listed pursuant to section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

5.

Within a delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (part 2.5 ( commencing with section 1890 I) of division 13 of the Health and Safety Code), and by any local building department under chapter 12.2 (commencing with section 8875) of division I of title 2 of the Government Code.

6.

Within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent can satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

a.

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city; or

b.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to part 59 (commencing with section 59.1) and part 60 ( commencing with section 60 .1) of subchapter B of chapter 1 of title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the development has received a no-rise certification in accordance with section 60.3(d)(3) of title 44 of the Code of Federal Regulations. If a development proponent can satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

8.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the natural community conservation planning act (chapter 10 (commencing with section 2800) of division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

9.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (chapter 1.5 (commencing with section 2050) of division 3 of the Fish and Game Code), or the Native Plant Protection Act (chapter 10 ( commencing with section 1900) of division 2 of the Fish and Game Code).

10.

Lands under conservation easement.

C.

Notwithstanding any provision of this section or any local law, the proposed two-unit development would not require the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low- or very low-income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent applies for a two-unit development.

Housing that has been occupied by a tenant in the last three years.

D.

The proposed two-unit development does not include the demolition of more than twenty-five percent of the existing exterior structural walls of any structure on the site unless the site has not been occupied by a tenant in the last three years.

E.

The proposed two-unit development is not located within a historic district or property on the state historic resources inventory, as defined in section 5020.1 of the Public Resources Code, or within a site designated or listed as a city landmark or historic property or historic district pursuant to a city ordinance.

F.

The parcel is not located within a high sensitivity area as shown on the general plan prehistoric sensitivity maps found in the Technical Appendix of the General Plan, which parcels are city historic properties.

G.

The proposed two-unit development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

1.

The application of such standards shall be modified by the director if the standards would have the effect of physically precluding the construction of two units on a parcel subject to this chapter or would result in a unit size of less than eight hundred square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of eight hundred square feet each on a parcel.

2.

Notwithstanding subsection G. 1. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

H.

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed to allow separate conveyance. The proposed two-unit development shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

I.

One of the units in a two-unit development shall be the principal place of residence of the property owner and the other unit may be leased or rented to a separate household.

J.

Units created as part of a two-unit development may be used for residential uses only and may not be used for rentals of less than thirty days.

K.

Parking. One parking space shall be required per unit constructed via the procedures set forth in this section, except that the City shall not require any parking where:

1.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

2.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

L.

All units constructed as part of a two-unit development shall be subject to all impact and other development fees imposed on the development of a new dwelling unit.

M.

Specific adverse impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

(Ord. No. 702, § 2, 10-25-2022)

The following objective standards apply to two-unit developments:

A.

The following development is permitted on the parcel:

Two primary dwelling units, either a duplex or two single-family homes.

2.

If the parcel was not created using an urban lot split, then additionally:

a.

If a duplex is constructed, then two detached ADUs or one ADU created from existing non-livable space.

b.

If one or two single-family homes are constructed, one ADU and one JADU.

B.

The maximum floor area of a unit in a two-unit development shall be eight hundred square feet if the unit does not meet all development standards contained in the underlying zoning district.

C.

The maximum height shall be sixteen feet from existing grade as defined by this Code if the unit does not meet all development standards contained in the underlying zoning district.

D.

A solid (no-openings) one-hour fire rated wall is required between adjacent or connected units constructed as part of a two-unit development.

E.

Driveway access shall be compliant with the city fire protection district standards.

F.

All newly created dwelling units shall be connected to a public sewer or provide a private wastewater system that is fully contained within the parcel's boundaries.

G.

Newly constructed units shall be of the same architectural style, detail, color and building material as the primary dwelling unit.

H.

Any new window that faces an adjoining residential property shall be either made of opaque glass and/or have a sill height above eye level. Any new doors that face an adjoining residential property shall either not include windows, or all windows must be of opaque glass.

I.

All exterior lighting shall be shielded and directed downward.

J.

Where visible from off-site locations, skylights shall not have white or light opaque colored exterior lenses and no lights shall be installed inside the wells of the skylights.

K.

Fencing shall be consistent with the fencing requirements of chapter 16.29 of this Code.

L.

Landscaping materials shall include the following:

1.

Shrubs, of at least one-gallon size, and limited to a maximum height of eight feet on the sides and rear of the property.

2.

Trees, of at least fifteen-gallon size and that grow to a maximum height of twelve feet.

3.

Ground cover instead of grass/turf; and

4.

Decorative nonliving landscaping materials including, but not limited to sand, stone, gravel, wood, or water may be used to satisfy a maximum of twenty-five percent of the parcel.

(Ord. No. 702, § 2, 10-25-2022)

A.

Declaration of prior tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit development shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in section 17.71.040(F)( above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

B.

Recorded covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant in the form prescribed by the city attorney, which shall run with the land and provide for:

1.

A prohibition on non-residential use of any units developed or constructed through the two-unit development, including a prohibition against renting, or leasing the units for fewer than thirty consecutive calendar days.

2.

A requirement that one of the units on the site be the principal residence of the owner.

(Ord. No. 702, § 2, 10-25-2022)

Chapter 17.90 - AMENDMENTS

A.

This title may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by procedure set forth in this chapter.

B.

Except where the establishment or change of district boundaries or regulations applying in districts are involved, amendments to this chapter may be initiated and adopted as other ordinances are initiated and adopted.

(Ord. 610 § 2(part), 2004; Ord. 180 § 1(4), 1962; Ord. 153 §§ 26.01, 26.06, 1959).

Initiation of amendment procedure shall be by the following:

A.

The petition of one or more property owners affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee of one hundred twenty-five dollars plus costs, no part of which shall be returnable to the petitioner; or by

B.

Action by the city council; or

C.

Action by the planning commission.

(Ord. 610 §2(part), 2004; Ord. 340 §1(d), 1979; Ord. 153 §26.02, 1959).

A.

The planning commission shall hold public hearings as required by law on any proposed amendments, and shall give notice thereof by at least one publication in a newspaper of general circulation within the city at least ten days prior to such hearings, or as otherwise provided by law.

B.

In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission may give additional notice of the time and place of such hearings and the purpose by posting public notices thereof not less than ten days prior to the date of such hearing along the streets and roads upon which the property proposed to be reclassified abuts and in the vicinity thereof. Any failure to post public notices as set out in this chapter shall not invalidate any proceedings for amendment of this title.

(Ord. 610 §2(part), 2004; Ord. 153 §26.03, 1959).

17.90.040 - Action by planning commission.

Following the hearings described in Section 17.60.030 of this chapter, the planning commission shall submit a report of its findings and a summary of hearings together with its recommendations with respect to the proposed amendment to the city council.

(Ord. 610 §2(part), 2004; Ord. 153 §26.04, 1959).

17.90.050 - Action by city council.

A.

Upon receipt of such report from the planning commission, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation within the city at least ten days prior to such hearing. Within ninety days from the date of receipt of the planning commission report, the city council may adopt the proposed amendment or any part thereof.

B.

Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon written application of a majority of all the persons who signed such petition. The city council may by resolution abandon any proceeding for an amendment initiated by its own action; provided, that such abandonment may be made only when such proceedings are before such body; provided, that any hearing of which public notice has been given shall be held.

(Ord. 610 §2(part), 2004; Ord. 153 §26.05, 1959).

17.90.060 - Amendments inconsistent with general plan—Procedure.

A.

When, in the opinion of the planning commission or other officers delegated to make such determinations, it should appear that any proposed amendment to the zoning ordinance, or proposed conditional use

permit, will be inconsistent with the general plan of the city, or any element thereof, the general plan shall be amended so that the general plan, or any of its elements, will be consistent with the amendments to the zoning ordinance.

B.

Upon making the determination that an amendment to the zoning ordinance or the issuance of a conditional use permit would be inconsistent with the general plan, so as to require amendment of the general plan, the applicant for rezoning or for the conditional use permit shall pay a fee of fifty dollars as a part of the costs incurred in amending the general plan, or any of its elements.

(Ord. 610 §2(part), 2004; Ord. 340 §1(e) 1979).

Chapter 17.92 - ENFORCEMENT AND LEGAL PROCEDURES

It shall be the duty of the building inspector and of the officers of the city, herein and/or otherwise charged by law with the enforcement of the ordinances, of the city and this code, to enforce this title and all the provisions of the same.

(Ord. 610 §2(part), 2004; Ord. 153 §27.02, 1959).

Any building set up, erected, built, moved or maintained and/or any use or property contrary to the provisions of this title is declared to be unlawful and a public nuisance; and the city attorney shall immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, 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 title.

(Ord. 610 §2(part), 2004; Ord. 153 §27.04, 1959).

All remedies provided for in this title shall be cumulative and not exclusive.

(Ord. 610 §2(part), 2004; Ord. 153 §27.05, 1959).

Any application for rezoning of property, for a variance, or for use permit, shall be signed by the owner of the property, unless such action is initiated by the city or any agency thereof. When any such application relates to land in multiple or joint ownership, all of such owners shall join in the application. Applications by partnerships may be signed by any authorized partner. In any instance where an application is made by anyone other than the owner, and the city is not so advised, any action taken, use permit granted or variance granted may be forthwith terminated and set aside, without notice or hearing. In addition to the

foregoing, it shall be a misdemeanor, punishable as such, for any person to sign such an application, representing himself to be the owner of the affected property. "Owner" is defined as the person or persons having the fee title or the unqualified right to occupy the property for a term of not less than ten years. Persons holding options to purchase are not deemed to be owners.

(Ord. 610 §2(part), 2004; Ord. 380 §1, 1982).