Chapter 17.60.090 — Business Types

• A. The conditions set forth in this chapter and/or its sections shall apply in all districts and zones.

  • B. Change of ownership, title, or location shall be cause to require a new permit and/or business license application.

  • om In all calculations of allowable business types per inhabitants in this chapter and its sections, the number of inhabitants shall be that number counted within the city limits in the last federal decennial census (e.g. 1990, 2000, 2010, etc.), not adjusted or mid-decade figures.

  • D. In all calculations of allowable business types per inhabitants in this chapter, a major fraction thereof shall not allow or provoke an additional permit or license, (e.g. a population of 4,785 shall be considered 4,000 for purposes of calculation).

• E. No permit and/or license shall be issued, for any permanent establishment or temporary license, considered as, the wholesale or retail, new or used, sale, lease, or rental, of goods, items, merchandise, products, or services listed below, if the total number of licensed locations exceeds one location per two thousand inhabitants: 1. Antiques less than 100 years old, items or establishments considered as bargain, cheap, consignment, discount, discounter, family, flea market, used furniture, hock, junk, junk dealer, pawn, pawnbroker, previously-owned, rag merchant, rag picker, repossesed, rummage, second hand, secondhand dealer, surplus, swap, swap meet, thrift stores, variety, warehouse, dollar plus, dollar, 99 cents or less.

• ; 2. Sale or rental of a: video, video cassette, video tape, CD, DVD, movie, or motion picture, for off-site viewing.

• 3. Baked Goods, Bakery, Cake Shop, Donuts, or Doughnuts.

• F. No new permit and/or license shall be issued for any business described in 17.60.090 E until the number of licensed locations complies with the calculations within 17.60.090.

G. The City will maintain an inventory of applicable businesses.

At a regular meeting of the City Council held on February 3, 2004, it was moved by Councilmember Stewart and seconded by Mayor pro Tempore Montejano to Waive the First Reading of Ordinance 364. The motion passed 4-0 (Bunthoff absent). It was then moved by Mayor pro Tempore Montejano and seconded by Councilmember Burns to Introduce Ordinance 364. A Public Hearing was opened at 7:03 pm. A definition of "antique" was submitted. Various citizens spoke in favor of the ordinance. The Public Hearing was closed at 7:05 pm. The motion to introduce passed 4-0 (Bunthoff absent). At the regular city council meeting held on February 17, 2004, it was moved by Councilmember Bunthoff and seconded by Mayor pro Tem Montejano to Waive the Second Reading of Ordinance 364. During discussion, it was suggested that an inventory of affected businesses be maintained. Following discussion, a second public hearing was opened at 6:53 pm. Three individuals spoke, one with a question, and two opposed. The second public hearing was closed at 6:58 pm. It was then moved to adopt a revised Ordinance 364 by Councilmember Burns and seconded by Councilmember Stewart. The motion passed on an unanimous 5-0 vote.

ested that an inventory of affected businesses be maintained. Following discussion, a second public hearing was opened at 6:53 pm. Three individuals spoke, one with a question, and two opposed. The second public hearing was closed at 6:58 pm. It was then moved to adopt a revised Ordinance 364 by Councilmember Burns and seconded by Councilmember Stewart. The motion passed on an unanimous 5-0 vote.

With final passage and adoption, Ordinance 364 shall become effective thirty days after adoption (March 18, 2004) and shall be published once in The Dos Palos Sun, an adjudicated newspaper of general circulation available within the corporate limits of the City of Dos Palos. AYES: Westlake, Montejano, Burns, Stewart, and Bunthoff.

NOES: None.

ABSENT: None.

SIGNED J¢gfry Westlake,RAEIMayor

ATTEST AliceCO LeeThompson,Sen Citypas)Clerk

; Business Type Inventory (per Ordinance 364, DPMC effective March 18, 2004)

Two thrift stores allowed, eight active:

1. The Second Hand Store (Shaffer) 2. Center Avenue Plaza (Arrow)

2. Dollar Plus Warehouse 4, Discount Store (Center) 5. Bargain Center (Pinky) 6. Family Fashion (Wong Bldg) 7. Step in Time (Vonda Dague) (closed March 2004) 8. Discount Record & Toy Store (application pending)

Two video stores allowed, one active/one closing out:

1. Austin’s Video Cottage wae Chayo-Hideo(soldat—aAriel's).

Two donut shops allowed, three active:

1. Ideal Bakery 2. Dos Palos Donuts 3. Lizette’s Donuts 4. Zeledon’s

Zeledon’s is strictly a wholesale manufacturer. It is grandfathered in until it closes or relocates. It would not be able to open downtown as a wholesale manufacturer under today’s code. It cannot now open as a retail donut shop under Ordinance 364.

Inventory of Applicable Businesses as of March 30, 2010 per Dos Palos Municipal Code Ordinance 364 which became effective on March 18, 2004.

Two DISCOUNT or THRIFT stores allowed, three currently active, eight active at time ordinance was passed:

1. The Second Hand Store (Schaeffer) active. 2. Center Avenue Plaza (Melloway) now out of business.

2. Dollar Plus Warehouse now out of business. 4. Discount Store (NE Center & Blossom) active. 5. Bargain Center (Pinky’s/Aurora Sanchez) now located at former Dollar Plus Warehouse site, active.

3. Family Fashion (Wong Bldg/Oriental Express location) now out of business.

4. Step in Time (Vonda Dague) out of business March 2004. 8. Discount Record & Toy, now out of business.

;

Two VIDEO stores allowed, two currently active, three at time ordinance was passed.

1. Austin’s Video Cottage now Kelley’s Video Cottage, active. 2. Chayo Video later merged into Ariel’s, now out of business.

2. Bronco Video (Martin’s) active.

Two donut shops allowed, four currently active, four at time ordinance was passed.

1. Ideal or America’s Bakery (Elias), active. 2. Dos Palos Donuts (Boor Heng), active.

2. Lizette’s Donuts, active. 4. Zeledon’s Donuts, active.

17.56.130

city, at its discretion, shall have the authority to remove, and/or destroy or sell any noncomplying, incapacitated, or incomplete vehicles on the subject property. J. All costs associated with the removal of noncomplying, incapacitated, or incomplete vehicles, including administrative fees and overhead, mailing, postage, removal, sale, transportation, and any other related costs shall be the sole responsibility of the property owner. If the property owner cannot be determined or fails to pay any and all costs, a lien may be placed on the subject property. (Ord. 342 (part), 1997)

17.56.140 Regulations applicable in all districts.

The general conditions set forth in this chapter, Chapters 17.60 and 17.64 of this title, and where applicable or where stated, shall apply in all districts. (Ord. 342 (part), 1997)

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• Chapter 17.60

• SPECIAL PROVISIONS

• Sections: 17.60.010 Manufactured housing. 17.60.020 Permitted uses—Classification and interpretation.

• 17.60.030 Certificates of occupancy. 17.60.040 Buffer zones. 17.60.050 Vacant buildings. 17.60.060 Site plan review. 17.60.070 Off-sale and on-sale of alcohol.

17.60.010 | Manufactured housing. A. Manufactured housing structures shall comply with all regulations of the zoning district in which they are located.

B. Development Standards. The following development standards, together with the property development standards in the general conditions, Chapter 17.64 of this title, shall be applicable to all manufactured housing units:

1, Must have a minimum width of twenty feet; 2. Must have a roofing material composed of wood shake or shingle composition or fiberglass shingle, concrete or clay tile, as allowed by the Uniform Building Code;

3. Must have a minimum of twelve inch eave overhang on all four sides; 4. Must have exterior siding consisting of a conventional dwelling type exterior material as allowed by the Uniform Building Code. The exterior siding shall extend to within six inches of the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. (Ord. 342 (part), 1997)

and interpretation.

A. Purpose of Procedures—Utilization Authorized When. 1. The procedure set out in this chapter shall be utilized to add or classify a use as permitted or

permitted subject to a conditional use permit in an open space, urban reserve, residential, commercial or industrial district of this title when said use is not tospecificallya conditionallisteduse as pepe rmit tedin or permitteda district that subjectis less restrictive than the one in which the use is proposed to be classified. 2. The procedure set out in this chapter shall also be utilized to clarify or interpret these provisions in any of the following cases, or for other purposes as may be specified in this title: a. If ambiguity exists with reference to any of the property development standards of this title; b. If uncertainty exists with reference to the boundary of a zoning district; c. If ambiguity or uncertainty arises as to the meaning of any work or provisions contained in this title. B. Initiation of Request—Methods. A request to classify a use or for a clarification or interpretation of this title may be initiated in any of the following manners:

1. By the verified application of any interested person or persons;

2. By resolution of intention adopted by the commission; 3. By resolution of intention of the city council (shall be referred to the commission for action). C. Application for Clarification or Interpretation—Planning Commission Consideration and Decision. 1. The commission, by written resolution, may approve, modify, or disapprove an application. The resolution shall describe the basis for the decision including, in the case of applications to classify a use, whether or not the findings set forth in Section 17.76.040 of this title have been made. 2. The commission shall have forty days after receipt of a completed application to render its decision on said application. Failure of the commission to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute a denial of the application.

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3. A decision to approve an application must be districts, the first being the most restrictive and the carried by a majority of the full membership of the last being the least restrictive shall be as follows: O, commission. U-R, R-1-10, R-1-6, R-2, R-3, R-4, C-1, C-2, C-T, 4. A decision of the commission shall be final C-N, L-I and H-I. unless appealed to the council in accordance with E. Appeals from Commission Decision—City the procedure specified in Section 17.76.060 of this Council Authority. title, or unless the decision was to approve with 1. Incase the applicant is not satisfied with the modifications or disapprove an action initiated by action of the commission he may, within ten days resolution of intention of the council, in which case after the date of mailing as shown by the postmark the decision of the commission shall be considered on the resolution mentioned in subsection (C)(5) of advisory and shall be transmitted to the council for this section, or within ten days after the expiration final action in accordance with the procedure speciof the forty-day period mentioned in subsection fied in Section 17.60.050 of this chapter. (C)(2) of this section, file in writing with the city 5. The commission shall cause a copy of its clerk an appeal to the council. Said appeal shall resolution to be mailed to the applicant and the State specifically wherein it is claimed that there was council within ten days from the date of adoption an error or abuse of discretion by the commission thereof. or whereby its decision is not supported by the 6. No building permit or business license shall evidence in the records. be issued for a use that has been classified by the 2. In case any party other than the applicant is commission, or where the issuance of that permit or not satisfied with the action of the commission he license is dependent or based upon an interpretation may, within ten days after the date of adoption of made by the commission, until ten days after the the resolution of the commission, or within ten days classification or interpretation has been made by the after the expiration of the forty-day period mencommission and then only if the decision of the tioned in subsection (C)(2) of this section, file in commission has not been appealed to the council. writing with the city clerk an appeal to the council. D. Use Classification—Findings Required. In Said appeal shall state specifically where it is classifying an unlisted use as permitted or permitted Claimed that there was an error or abuse of discresubject to a conditional use permit, the commission tion by the commission, or whereby its decision is shall first make a finding that all of the following not supported by the evidence in the record. conditions exist: 3. The council shall set a date on which the 1. That the subject use is compatible with the appeal will be considered. The date for considerintent of the district in which the use is proposed; ation of the appeal shall not be more than forty days 2. That the use has the same basic operational from the date on which the appeal was filed. characteristics as the uses permitted or conditionally 4. Notice shall also be given to the commission permitted; of such appeal, and the commission shall submit a 3. That the use can be expected to conform with report to the council setting forth the reasons for its the property development standards and performance action or shall be represented at the meeting at standards prescribed for the district; which the appeal is considered. 4. That the use will not be detrimental to the 5. The council may affirm, reverse or modify a public health, safety or welfare; decision denying an application to classify a use. If 5. That the use will not conflict with any goals, a commission decision is reversed or modified, the objectives, or policies of the Dos Palos general plan. council shall, on the basis of the record transmitted 6. That the use is not specifically listed as perand such additional evidence as may be submitted, mitted or permitted subject to a conditional use make the findings prerequisite to the approval of an permit in a less restrictive district. The sequence of

ision is reversed or modified, the objectives, or policies of the Dos Palos general plan. council shall, on the basis of the record transmitted 6. That the use is not specifically listed as perand such additional evidence as may be submitted, mitted or permitted subject to a conditional use make the findings prerequisite to the approval of an permit in a less restrictive district. The sequence of

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application as prescribed in Section 17.76.040 of this title. 6. The council shall render its decision by resolution within forty days of filing of an appeal. Failure of the council to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute a denial of the appeal.

7. The council shall cause a copy of its resolution to be mailed to the application within ten days from the adoption thereof. 8. A decision of the council shall be final, and shall have immediate effect. (Ord. 342 (part), 1997)

17.60.030 Certificates of occupancy.

A. Applicability ofChapter Provisions. The conditions set out in this chapter shall apply to all buildings and uses in the following zoning districts: 1. R-2—Medium high density residential district; 2. R-3—High density residential district;

3. R-4—High density residential district; 4. C-1—Central business/community commercial district; 5. C-N—Neighborhood Commercial district; 6. C-2—Service commercial district; 7. C-T—Commercial transition district; 8. L-I—Light industrial district; 9. H-I—Heavy industrial district;

B. For Use of Buildings—Building Inspector Authority.

1. No building hereafter erected, moved, enlarged or altered shall be occupied, used or changed in use until after a certificate of occupancy shall have been issued by the building inspector. Such certificate shall be applied for coincidence with the application for a building permit, business license, conditional use permit, site plan review, change of occupancy use as defined by the Uniform Building Code, or change of ownership, and shall be issued only after such building, enlargements or alterations have been completed in conformity with the provisions of this title and with an approved site plan and any required conditions, and when the proposed use conforms to this title and any required conditions.

use permit, site plan review, change of occupancy use as defined by the Uniform Building Code, or change of ownership, and shall be issued only after such building, enlargements or alterations have been completed in conformity with the provisions of this title and with an approved site plan and any required conditions, and when the proposed use conforms to this title and any required conditions.

2. Temporary Certificates. If the building inspector finds that no substantial hazard will result in the occupancy of any building or portion thereof before the same is completed, he may issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The temporary certificate of occupancy shall indicate the items to be completed and shall designate a specific deadline for completion. C. For Use of Land—Exceptions. A certificate of occupancy shall be issued before any vacant land is hereafter used, or before an existing use of land is changed, provided such use is in conformity with the provisions of this title and any required conditions. However, no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing thereon farm, garden or orchard products.

D. Contents of Certificate. The certificates of occupancy shall state that the building or proposed use of a building or land has complied with all laws and ordinances, including the provisions of this title, and with an approved site plan and any conditions required by the commission or council relative to the proposed building or use. After final inspection, when it is found that the building or structure complies with the provisions of this code and other laws which are enforced by the code enforcement agency, the building inspector shall issue a certificate of occupancy which shall contain the following: 1. The building permit number; 2. The address of the building; 3. The name and address of the owner; 4. A description of that portion of the building for whicha certificate is issued. E. Recordkeeping Requirements. A record of all certificates of occupancy shall be kept by the building inspector, and copies shall be furnished to any person having a proprietary or tenancy interest in the subject building, use, or land, and displayed at the affected building.

F. Owner Defined. For the purpose of this Chapter an owner is defined as the person or persons having legal ownership of the building, structure,

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land, or person or persons leasing or renting the building, structure, or land. (Ord. 342 (part), 1997) 17.60.040 Buffer zones. A. Applicability. A buffer zone shall be required when land is developed in any zone adjacent to any parcel zoned R-1-10, low density single-family residential district. A buffer zone shall also be required when any parcel of land is developed adjacent to land with special covenants, restrictions, or regulations not part of this title. B. Any land developed subject to the conditions of this chapter shall first be subject to a conditional use permit as provided in Article I of Chapter 17.76 of this title prior to development of that land to assure compatibility with development on adjacent parcels. (Ord. 342 (part), 1997)

17.60.050 Vacant buildings. A. No unoccupied building or structure in any commercial or industrial zone may be maintained in a manner in which any of the following conditions are found to exist, except as may be allowed in this code: 1. Windows or entryways have been opened and left open; 2. Abandonment for more than one year; 3. Lack of use for more than six months; 4. A state of partial unprogressing construction for more than three months; 5. Substantial peeling or wearing off of exterior surface;

6. Any other condition which, in the judgment of the building inspector, creates a blighting influence on properties in the area. Such conditions may include dilapidation; weeds and litter; disrepair; structural defects; unsightly appearances that constitute a blight to an adjoining property, the neighborhood, or the city. B. The property owner of any commercial or industrial building or structure, or of any portion or remainder thereof which is found to have been unoccupied, vacant, or without an active business license for six months or more shall pay a vacant building permit fee to the city. The city council

shall set the vacant building permit fee amount by resolution. The city may place a lien on said property for failure to pay a vacant building permit fee. (Ord. 342 (part), 1997)

17.60.060 Site plan review. A. Purpose of Review. The purposes of site plan review are to enable the site plan review committee to makea finding that a proposed development is in conformity with the intent and provisions of this title and of the general plan, and to establish conditions to be imposed as needed to assure said conformity, and to guide the building inspector in the issuance of building permits. B. Application—Information Required. The applicant shal] submit ten prints of the site plan to the secretary of the planning commission. The site plan shall be drawn to scale and shall indicate clearly and with full dimensions the following information:

1. The lot dimensions; 2. All buildings and structures, and their location, elevation, size, height and proposed use; 3. The yards and spaces between buildings; 4. Walls and fences, and their location, height and materials;

2. Off-street parking, including the location, number of spaces, dimensions of the parking area and internal circulation pattern; 6. Access (pedestrian, vehicular and service), points of ingress and egress, and internal circulation; 7. Signs and their location, size and height; 8. Loading, including the location, dimensions, number of spaces and internal circulation; 9. Lighting, including the location, general nature and hooding devices, if any; 10. Street dedications and improvements, as provided in subsection G of this section;

3. Drainage improvements; 12. Landscaping, including the location and type; 13. Fire-prevention equipment and measures, including the location and type; 14. Such other data as may be required to permit the site plan review committee to make the required findings.

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C. Review Committee Action—Criteria for Consideration. 1. Within fifteen days after submission of a complete site plan, the site plan review committee shall approve, approve with conditions as set forth in subdivision A of this section, or disapprove the site plan. In approving the site plan, the site plan review committee shall find that: a. All the applicable provisions of this title are complied with; b. The material and design of the proposed development is compatible with existing improvements in the neighborhood; c. The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property: i. Facilities, improvements and __ utilities, ii. Vehicular ingress, egress and internal circulation, iii. Setbacks,

iv. Height of buildings, v. Location of service use areas, vi. Walls,

vii. Landscaping; d. The proposed lighting is so arranged as to deflect the light away from adjoining properties; e. The proposed signs will not by size, location or lighting interfere with traffic or limit visibility; f. That any conditions of approval are deemed necessary to protect the public health, safety and welfare. Conditions may include the following: i. Requiring special yards, spaces and buffers, ii. Requiring fences and walls, iii. Requiring enclosure of storage areas and limitation on out-of-door display of merchandise, iv. Requiring grading, surfacing and drainage improvements,

v. Regulation of points of vehicular ingress and egress, vi. Regulation of signs,

vii. Requiring landscaping and maintenance thereof,

viii. Requiring maintenance of grounds,

ix. Requiring fire-prevention equipment and measures,

x. Regulation of noise, vibration, odors, electrical discharge or interference,

xi. Regulation of lighting, xii. Requiring street dedications and improvements, subject to the provisions of subsection G of this section,

xiii. Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter;

2. In making such findings, the site plan review committee shall consult with city personnel as appropriate to assure that approvals will be consistent with established legislative policies and city standards relating to traffic safety, street dedications, Street improvements and public safety. D. Review Committee Action—Decision. The decision of the site plan review committee shall be final unless appealed to the council in accordance with the procedure specified in Section 17.76.060 of this title. The site plan review committee shall cause a copy of the site plan, with its decision and any ~ conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

E. Appeal from Review Committee Decision— Council Authority.

1. The applicant may appeal the decision of the site plan review committee to the council by setting forth in writing the reasons for such appeal. Such appeal shall be filed with the city clerk within ten days after the date of mailing as shown by the postmark on the papers mentioned in subsection D of this section. The appeal shall be placed on the agenda of the council’s next regular meeting after the appeal is filed; provided, however, that if the appeal is filed within ten days of the next regular meeting of the council, the appeal shall be placed on the agenda of the council’s second regular meeting following the decision of the site plan review committee. The council may affirm, reverse or modify a decision of the site plan review committee; provided, however, that if a decision denying a site plan

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is reversed, or a decision granting a site plan is modified, the council shall, on the basis of the record transmitted and such other evidence as may be submitted, make the findings prerequisite to the approval of a site plan as prescribed in subsection C of this section.

2. The decision of the council shallbe final. The council shall cause a copy of the site plan, with its decision and any conditions attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

F. Revisions to Approved Site Plan. Revisions by the applicant to an approved site plan shall be made pursuant to the procedure set forth in this chapter.

G. Street Dedications and Improvements or Fee in Lieu Required When. Because of changes that may occur in an area due to increases in vehicular traffic generated by facilities requiring site plan review, and upon the principle that such developments should be required to provide street dedications and improvements as near as practicable in proportion to such increased vehicular traffic, but should not be required to provide such street facilities for nonrelated traffic, the dedications and improvements specified in subsections (G)(1), (2), (3) and (4) of this section may be deemed necessary by the site plan review committee and may be required as a condition to approval of any site plan. The site plan review committee may require that a fee be paid in lieu of constructing the improvements required in subsections (G)(2), (3) and (4) of this section if the site plan review committee determines that it would be in the public interest to defer construction of said improvements. 1. The dedication of all land necessary to widen an existing street right-of-way, or new street made necessary by a development, to its ultimate planned , right-of-wayspecific or preciseas established plan or byby theany city’sadopted improvementgeneral, standards may be required. 2. Where a development borders a new street, dedication of which was required pursuant to subsection (G)(1) of this section, or an existing street right-of-way which is not developed in accordance

with the city’s improvement standards, the improvement of the right-of-way of said street to city standards for width of thirty feet, as measured from the ultimate right-of-way line of the street abutting the development, may be required. The required improvements may include, but are not limited to, curbs, gutters and sidewalks; drainage facilities; street trees; street signs; street lights; required utilities; street grading and paving.

3. Where a development is traversed by a new street, the dedication of which was required pursuant to subsection (G)(1) of this section, or an existing street right-of-way which is not developed in accordance with the city’s improvement standards, the improvement of the right-of-way of said street to city standards for a width of sixty feet may be required. If the right-of-way of the street exceeds sixty feet, the site plan review committee, in consultation with the city engineer, shall determine the sections(s) of the right-of-way to be improved. The required improvements may include, but are not limited to, curbs, gutters and sidewalks; drainage facilities; street trees; street signs; street lights; required utilities; street grading and paving. 4. Where a development borders a new frontage road, the dedication of which was required pursuant to subsection (G)(1) of this section, or an existing frontage road right-of-way which is not developed in accordance with the city’s improvement standards, the improvement of the entire right-of-way of said street abutting the development may be required.

equired utilities; street grading and paving. 4. Where a development borders a new frontage road, the dedication of which was required pursuant to subsection (G)(1) of this section, or an existing frontage road right-of-way which is not developed in accordance with the city’s improvement standards, the improvement of the entire right-of-way of said street abutting the development may be required.

H. Building Permits—Issuance Prerequisites. Before a building permit shall be issued for any building or structure that is subject to site plan review, the city building inspector shall determine that: 1. The proposed building is in conformity with the site plan and conditions approved by the site plan review committee; and 2. All required dedications have been recorded; and 3. A letter has been furnished by the applicant from all appropriate utilities, stating that all necessary utilities will be installed and that the utility companies will conform to all city ordinances.

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I. Completion of Improvements Prerequisite to Occupancy of Buildings. Before any building or structure that is subject to site plan review shall be occupied, the city building inspector shall determine that all required on-site (outside the city right-ofway) and off-site (within the city right-of-way) improvements shall have either been completed prior to occupancy of the premises; or, if not completed, the permittee shall have entered into an agreement with the city to complete said work within six months from the date of occupancy. The city building inspector may extend the completion date for one additional six-month period upon written request of the permittee, upon a showing of good cause therefor. The agreement with the city shall be secured either by cash deposited with the city, or cash deposited in irrevocable escrow approved by the city attorney as the equivalent thereof. Such security shall be in the amount of one hundred percent of the estimated cost of completing the work as determined by the city building inspector. In the event such work is not completed within the period provided, or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement, including the use of said security to cause the completion of all required improvements. Monies deposited with the city or in escrow may be partially released to the depositor by the city building inspector during the progress of the work, so long as the same ratio of security is maintained on the deposit to secure all uncompleted work. (Ord. 342 (part), 1997) -

D. In all calculations of allowable outlets per inhabitants in this chapter, a major fraction thereof shall not allow or provoke an additional permit or license.

E. No permit and/or business license shall be issued for the retail sale of off-sale beer and wine if the total number of licensed locations selling offsale beer and wine exceeds one location per one thousand inhabitants.

F. No permit and/or business license shall be issued for the retail sale of off-sale distilled spirits or spirituous liquors if the total number of licensed locations selling off-sale distilled spirits or spirituous liquors exceeds one location per one thousand inhabitants.

G. No permit and/or business license shall be issued for the sale of on-sale beer and wine if the total number of licensed locations selling on-sale beer and wine meets or exceeds one location per one thousand inhabitants.

H. No permit and/or business license shall be issued for the sale of on-sale distilled spirits or spirituous liquors if the total number of licensed locations selling on-sale distilled spirits or spirituous liquors meets or exceeds one location per two thousand inhabitants. (Ord. 348, 1999; Ord. 342 (part), 1997)

,

17.60.070 Off-sale and on-sale of alcohol. A. The conditions set forth in this chapter shall apply in all districts or zones. B. Change of ownership or title or license renewal shall be cause to require a new permit and/or business license application. C. In all calculations of allowable outlets per inhabitants in this chapter, the number of inhabitants shall be that number counted within the city limits in the last federal decennial census (1990, 2000, etc.), not adjusted or mid-decade figures.

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,

17.64.010

• Chapter 17.64 A. All required yards shall extend the full width or depth of the lot and shall be open from the

• PROPERTY DEVELOPMENT STANDARDS ground to the sky, with the following exceptions: 1. Belt courses, cornices, eaves, sills, fireplace

• Sections: chimneys and other similar architectural features 17.64.010 Applicability. _ may extend or project into a required side yard not 17.64.020 Yards. more than five inches for each one foot of the width 17.64.030 Fences, hedges and walls. of such required side yard, and may extend or pro17.64.040 Off-street parking— ject into a front or rear yard not more than thirty-six Requirements for all districts. inches. For a side yard used as a driveway, said

• 17.64.050 Construction standards. extensions or projections may not be less than ten 17.64.060 Access. feet above grade level. 17.64.070 Outdoor advertising. 2. Uncovered, unenclosed porches, platforms or 17.64.080 Loading spaces—Number landing places which do not extend above the level required. of the first floor of the building may extend into any

• 17.64.090 Loading spaces—Location and front yard a distance of not more than six feet and design requirements. such features may not extend into a court more than

• 17.64.100 Lot lines. ) twenty percent of the width of said court and in no 17.64.110 Landscaping—Design and case more than six feet and may extend into any maintenance standards. side yard (except when used as a driveway) or rear

• 17.64.120 Easements. yard not more than three feet. An open railing may 17.64.130 Greenhouses. be installed or constructed on any such porch, plat17.64.140 Temporary structures. form or landing place, provided it does not exceed 17.64.150 Public improvements thirty-six inches in height. standards—Existing lots. 3. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project

• 17.64.010 Applicability. into a required front yard not more than thirty-six The property development standards set forth in inches.

17.64.010 Applicability. The property development standards set forth in this chapter shall apply to all land, buildings and structures in all districts as specified herein. (Ord. 342 (part), 1997)

B. Front, side and rear yards for swimming pools shall be required on each lot as follows: 1. Swimming pools, spas and associated equipment shall not be located within a required front or side yard setback nor closer thdh five feet to a rear property line except that the setback for associated equipment not exceeding six feet in height may be reduced to zero feet if access around the pool or spa is not obstructed.

17.64.020 Yards. For the purpose of this section the following shall apply:

In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the street and a line through the comer or face of said building closest to and drawn parallel with the street, excluding any architectural features. The property lines shall have the same meaning as lot lines and as defined in Section 17.64.100 of this chapter.

2. Swimming pools may be located in any required interior side yard and rear yard, provided a space of not less than five feet is maintained from the side and rear property lines. C. The following yard setbacks shall apply to the R-1-6 zoning district:

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,

1. The minimum depth of the front yard for main buildings, private garages and carports, and accessory buildings shall be twenty feet. 2. The minimum side yard (interior lot) for any building shall be five feet. If the side yard is to be used for driveway purposes the minimum width shall be ten feet. 3. On comer lots, the side yard which faces on a street shall not be less than ten feet, except that no vehicle opening of any building shall be closer than twenty feet to the property line or planned right-ofway line of the street on which it faces. 4. The minimum depth of the rear yard for any building shall be fifteen feet, except that accessory buildings, garages and carports may be located not closer than five feet from the rear property line. 5. No accessory building or group of accessory buildings shall cover more than one third of the required rear yard area. D. The following yard setbacks shall apply to the R-1-10 zoning districts: 1. The minimum depth of the front yard for main buildings, private garages and carports, and accessory buildings shall be twenty-five feet. 2. The minimum side yard (interior lot) for any building shall be ten feet. If the side yard is to be used for driveway purposes the minimum width shall be fifteen feet. 3. On corner lots, the side yard which faces on a street shall be not less than ten feet, except that no vehicle opening of any building shall be closer than twenty-five feet to the property line or planned right-of-way line of the street on which it faces. 4. The minimum depth of the rear yard for any building shall be fifteen feet, except that accessory buildings, garages and carports may be located not closer than five feet from the rear property line. 5. No accessory building or group of accessory _ buildings shall cover more than one third of the required rear yard area. E. The following yard setbacks shall apply to the R-2, R-3, and R-4 zoning districts: 1. The minimum depth of the front yard for main buildings, private garages and carports, and accessory buildings shall be fifteen feet.

2. The minimum side yard (interior lot) for any building shall be five feet. If the side yard is to be used for driveway purposes the minimum width shall be ten feet.

3. On corner lots, the side yard which faces on a street shall be not less than ten feet, except that no vehicle opening of any building shall be closer than twenty feet to the property line or planned right-ofway line of the street on which it faces. 4. The minimum depth of the rear yard for any building shall be fifteen feet, except that accessory buildings, garages and carports may be located not closer than five feet from the rear property line. 5. No accessory building or group of accessory buildings shall cover more than one third of the required rear yard area. F. In All Commercial and Industrial Districts— General Yard Requirement. All required yards shall extend the full width or depth of the lot and, unless otherwise specified herein, shall be open from the ground to the sky.

d not closer than five feet from the rear property line. 5. No accessory building or group of accessory buildings shall cover more than one third of the required rear yard area. F. In All Commercial and Industrial Districts— General Yard Requirement. All required yards shall extend the full width or depth of the lot and, unless otherwise specified herein, shall be open from the ground to the sky.

1. Front Yard. No requirements, except as follows: a. On any street or highway that is a boundary between any commercial or industrial district and any residential district, there shall be a front yard of not less than fifteen feet. Said yard shall be landscaped and maintained.

b. When the side lot line of a lot in any commercial or industrial district adjoins any residential district, there shall be a front yard of not less than fifteen feet. Said yard shall be landscaped and maintained.

2. Side Yard. No requirements, except as follows: a. On any street or highway that is a boundary between any commercial or industrial district and any residential district, there shall be a side yard of not less than fifteen feet extending the full length of the lot. Said yard shall be landscaped and maintained.

b. When the side lot line of a lot in any commercial or industrial district adjoins any residential district, there shall be a side yard of not less than fifteen feet. Said side yard may be used for parking

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and storage, provided no material stored therein exceeds a height of six feet.

any building, conditional use or other permit, or at the discretion of the council according to the danger or hazard involved.

c. When the rear lot line of a comer lot in any or hazard involved. commercial or industrial district adjoins any residen3. Corner Cutoff Areas. Areas. The following regulatial district, there shall be a side yard abutting the tions shall apply shall apply apply at all intersections of streets, alleys all intersections of streets, alleys intersections of streets, alleys of streets, alleys streets, alleys alleys street not less than ten feet in width. Said side yard or private driveways in order to provide adequate may be used for parking and storage, provided no visibility for vehicular traffic. There shall be no material stored therein exceeds a height of six feet. visual obstruction obstruction within the cutoff the cutoff cutoff areas established established d. When the rear lot line of a reversed corner lot herein. in and commercial or industrial district adjoins any a. Sight Distance at Intersections. No fence, residential district, there shall be a side yard abutwall, hedge or shrub planting which obstructs sight ting the street not less than fifteen feet. Said yard lines at elevations three feet above the roadways shall be landscaped and maintained. shall be placed or permitted to remain on any comer 3. Rear Yard. No requirements, except as lot within the triangular area formed by the property follows: lines and a line connecting them at points twenty a. On any street or highway that is a boundary feet from the intersection of the property lines, or between any commercial or industrial district and in the case of a rounded or cutoff property corner, any residential district, there shall be a rear yard of from the intersection of the property lines extended. not less than fifteen feet. Said yard shall be landThe same sight line limitations shall apply on any scaped and maintained, and shall be considered a lot within ten feet from the intersection of a proper___. front yard for the purposes of determining requirety line with the edge of a driveway or alley pavements for fences, hedges and walls. ments. No tree shall be permitted to remain within b. When the rear lot line of a lot in any comsuch distances of intersection unless the foliage line mercial or industrial industrial district adjoins any residential is maintained at sufficient height to prevent obstrucdistrict, there shall be a rear yard not less than fiftion of such sight lines. (See city of Dos Palos teen feet. Said rear yard may be used for parking Standard specifications).

3. Corner Cutoff Areas. Areas. The following regulations shall apply shall apply apply at all intersections of streets, alleys all intersections of streets, alleys intersections of streets, alleys of streets, alleys streets, alleys alleys or private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction obstruction within the cutoff the cutoff cutoff areas established established herein.

egulations shall apply shall apply apply at all intersections of streets, alleys all intersections of streets, alleys intersections of streets, alleys of streets, alleys streets, alleys alleys or private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction obstruction within the cutoff the cutoff cutoff areas established established herein.

b. When the rear lot line of a lot in any commercial or industrial industrial district adjoins any residential district, there shall be a rear yard not less than fifteen feet. Said rear yard may be used for parking and storage, provided no material stored therein exceeds a height of six feet. (Ord. 342 (part), 1997)

4. No fence, hedge or wall paralleling a street Shall be permitted less than ten feet from the nearest curbface of said street.

17.64.030 Fences, hedges and walls. A. The following requirements shall apply to all zoning districts:

5. No fence, wall or hedge over three feet in height shall be permitted in any required front yard, or in the required side yard on the street side of a reversed corner lot, or in the area of a required rear yard on a reversed comer lot that is defined by a projection of the required street side yard to the rear lot line.

6. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law, or by safety requirements of the board of education. The regulations as set forth in the following provisions of this section shall be in addition to those regulations.

7. Fences, hedges, and walls shall be permitted on or within all rear and side property lines on ~ interior lots, and on or to the rear of all front yard setback lines, except as described in this section. 7. No fence, wall or hedge over seven feet in height shall be permitted, except to enclose tennis courts or other game areas as described below, or as otherwise specified by the council per subsection (A)(2) of this section. The construction of fences

8. A fence or wall shall be constructed along the perimeter of all areas considered by the council to be dangerous to the public health and safety. The height of such wall shall be determined by the council in relation to the danger or hazard involved. Said fence or wall may be required when a use requires

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and walls shall be in strict compliance with the provision of this title and all other laws and design standards of the city. 8. Fences or structures over six feet in height, to enclose tennis courts or other game areas, shall be composed of wire mesh capable of admitting at least ninety percent of available light as measured on a correctly calibrated light meter. Such fences shall be permitted in required side or rear yards subject to first securing a conditional use permit as provided in Article I of Chapter 17.76 of this title. 9. Fences and walls over six feet in height not constructed according to city standard specifications shall be engineered by a licensed architect or engineer and approved by the city.

asured on a correctly calibrated light meter. Such fences shall be permitted in required side or rear yards subject to first securing a conditional use permit as provided in Article I of Chapter 17.76 of this title. 9. Fences and walls over six feet in height not constructed according to city standard specifications shall be engineered by a licensed architect or engineer and approved by the city.

10. Swimming pool fences or walls shall comply with all other provisions relating to the location and height of fences, hedges and walls set forth in this title and all requirements of the state of California. Said fencing must be installed and approved by the city building inspector before water is first run into the pool.

11. A solid masonry wall not less than six feet in height shall be erected along the property line of any commercial or industrial lot which is a boundary between a commercial or industrial district and an abutting residential district when the planning commission determines that any of the following conditions exist: A. The new business is a restaurant, fast food restaurant or other food service business; B. The business sells on or off sale alcoholic beverages; C. The area’s safety is reduced; D. A nuisance is created or enhanced; E. The new business contributes to an increase in noise, odor, traffic or visual blight. Said boundary wall shall comply with all other requirements of this title. 12. Outdoor storage of equipment or supplies shall be enclosed by a solid permanent wall not less than five feet in height. Height of stored items may not exceed the height of said enclosure wall, and said wall shall comply with all other requirements of this title.

12. All fences and walls shall require a building permit. (Ord. 347, 1998; Ord. 342 (part), 1997) 17.64.040 Off-street parking—Requirements for all districts.

A. Requirements for All Zoning Districts. The following standards for providing off-street parking are established. The standards shall also becomplied with when an existing building is altered or enlarged by the addition of floor space, seating capacity, or other facilities, or changed to a use requiring greater parking. 1. Off-street automobile parking space being maintained in connection with any existing main building or structure shall be maintained so long as said main building or structure remains, unless an equivalent substitute number of spaces are provided and thereafter maintained conforming to the requirements of this section; provided, however, that this regulation shall not require the maintenance of more automobile parking spaces than is required herein for a new building or structure, nor the maintenance of such space for any type of main building or structure other than those specified herein.

ivalent substitute number of spaces are provided and thereafter maintained conforming to the requirements of this section; provided, however, that this regulation shall not require the maintenance of more automobile parking spaces than is required herein for a new building or structure, nor the maintenance of such space for any type of main building or structure other than those specified herein.

2. No parking area or parking space which is provided for the purpose of complying with the provisions of this title shall hereafter be relinquished, reduced or altered in any manner below the requirements established herein, unless equivalent facilities are provided elsewhere, the location of which is approved by the commission, following the procedure set forth in Chapter 17.60 of this title. 3. Where automobile parking space is provided and maintained on a lot in connection with a main building or structure prior to the effective date of these provisions, and is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, then the provisions of Section 17.56.100 of this title shall apply.

3. A parking space shall be an area for the parking of a motor vehicle plus those additional areas required to provide for safe ingress and egress from said space. The area set aside to meet these provisions must be usable and accessible for off-

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Street parking. (See Section 17.64.050B of this thousand fifty square feet of gross floor area or chapter for dimensions). fraction thereof, provided, however, that if a use B. Requirements for Residential Districts. falls into any of the special uses in the general 1. For one-family dwellings, notwithstanding the conditions, Sections 17.64.040 through 17.64.140 of provisions of Section 17.16.130 of this title, there this chapter, such general conditions shall apply; Shall be at least two covered parking spaces provid3. Said space shall be provided on a site not ed in a garage or carport and two uncovered offmore than five hundred feet from the external street parking spaces on the same lot, all accessible boundaries of the lot upon which the building it from a street not an alley. Serves is located. This required parking area shall be at 2. For multiple-family dwellings, there shall be provided in any of the following ways: least two covered parking spaces provided in a a. On the lot with the building served, garage or carport and two uncovered off-street parkb. On acontiguous lot or a lot within five huning spaces on the same lot for each of the first two dred feet of the building or use being served, dwelling units; One additional covered and uncovc. By membership in an assessment district ered off-street parking space shall be required for established for the purpose of providing off-street the third and each additional bedroom dwelling unit. parking for the uses located in said district, All of the parking spaces must have streetfront, not d. Ina large parking area or compound in which alley, access. the overall total relationship between the parking C. Requirements for Nonresidential Districts. area and the total floor area planned is in conformity 1. For buildings or structures other than dwellwith the provisions of this section; ings, and for uses involving large concentrations of 4. Forbowling alleys and similar establishments, people, parking areas or spaces shall, unless otherthere shall be at least five parking spaces for each wise provided by this title, be on the same lot with alley and two spaces for each billiard table conthe main building, or on lots immediately contigtained therein; uous thereto in the same district therewith and avail5. For churches, stadiums, theaters, libraries, able for use by the occupants in the following ratios auditoriums, museums, meeting halls, gymnasiums for specific types of use. Combinations of facilities and similar places of assembly, there shall be at shall provide the area or number of spaces required least one parking space for each five permanent for each facility, and the area or spaces provided for seats or one space for every forty square feet of area one facility shall not be construed as satisfying the within the main auditorium or meeting hall, whichrequirements for another facility, provided that, in ever provides the greater number of spaces. In cases the event that there is a general parking area or of a use without a building, there shall be one parkparking space requirement in the particular zoning ing space for each five persons normally attending district relating to the floor area of buildings therein, or using the facilities, plus one parking space for and the commission determines that all of the spacevery two permanent employees; es, areas and buildings are constructed or to be 6. For convalescent homes, homes for the aged, constructed pursuant to an integrated site plan, the nursing homes and children’s homes, there shall be commission may, consistent with the purposes and one parking space for each two and one-half beds intent of this title and following the procedure set or fraction thereof; forth in Chapter 17.60 of this title, determine wheth7. For dance halls, skating rinks, auditoriums er or not the general requirements of the district, or and similar establishments, there shall be one parkthe specific requirements hereinafter enumerated, ing space provided for each one hundred square feet shall apply; of gross floor area; 2. The general requirement for off-street parking 8. For establishments for the sale and consumpshall be at least one parking space for each three tion on the premises of food and beverages having: 242-75 (Dos Palos 9-98)

ar establishments, there shall be one parkthe specific requirements hereinafter enumerated, ing space provided for each one hundred square feet shall apply; of gross floor area; 2. The general requirement for off-street parking 8. For establishments for the sale and consumpshall be at least one parking space for each three tion on the premises of food and beverages having: 242-75 (Dos Palos 9-98)

17.64.040

a. Less than one thousand square feet of gross floor area, there shall be one parking space for each two hundred square feet, b. Four thousand square feet or more of gross floor area, there shall be forty parking spaces plus one for each fifty square feet in excess of four thousand square feet; 9. For hospitals, sanitariums, and asylums, there shall be at least one parking space for every two beds or one space for every one thousand square feet of gross floor area, whichever provides the greater number, plus one space for every three employees;

10. For hotels, tourist courts and motels, there shall be one parking space for every individual sleeping room or unit;

11. For housing for the elderly, there shal] be one parking space for every three dwelling units, or portions thereof. If at any time the premises are used for other than housing for the elderly, the parking requirements for such other use shall be met before such use is commenced; 12. For machinery sales and wholesale stores, there shall be one parking space for each eight hundred square feet of gross floor area; 13. For medical offices, there shall be provided four parking spaces for each doctor in any building structure;

12. For motor vehicle sales and automotive repair shops, there shall be one parking space for each four hundred square feet of gross floor area; 15. For mortuaries, funeral homes and similar establishments, there shall be one parking space for each twenty square feet of floor area of assembly rooms, plus one space for each employee, plus one space for each car owned by such establishments; 16. For park and recreational uses, there shall be one parking space for each five thousand square feet of active recreational area within a park or playground;

13. For public utility facilities, such as communications equipment buildings, electrical substations and the like, the following standards shall apply: a. For facilities open to. the public, there shall be three square feet of parking area for every one

square foot of gross floor area or fraction thereof, said parking area to be within three hundred feet of the property served,

b. For facilities not open to the public, there shall be one parking space for every two employees. This shall apply to the maximum number of employees on duty at any one time, c. For facilities wherein there are areas open and not open to the public, the parking ratios in subsections (C)(1) and (2) of this section shall be used as a basis for determining the respective amount of parking areas to be provided; 18. For roominghouses, lodginghouses, clubs and fraternity and sorority houses, there shall be one parking space for each person which the building was or is designed or intended to house as a sleeping guest or member or employee; 19. For schools, both public and private, the following standards shall apply: a. Elementary and Junior High. There shall be one parking space for each member of the faculty . and each employee, b. High School. There shall be one parking space for each member of the faculty and each employee, plus one space for every eight students regularly enrolled,

c. Junior Colleges, Colleges and Universities. There shall be one parking space for every two members of the faculty and employees, plus one space for every two full-time or equivalent regularly enrolled students,

d. Schools Having Auditoriums or Places of Assembly. The provisions of subsection (C)(5) of this section shall apply, if such application will provide a greater number of spaces than subsections (C)(1), (2) or (3) of this section. Said required parking spaces shall be within the school property or on a parking lot contiguous thereto, e. Day Nurseries, Nursery Schools and Child Care Nurseries. There shall be one parking space for each member of the faculty, each employee, and the owner;

20. For shopping centers, there shall be provided one parking space per two hundred square feet of gross leasable area. “Shopping center,” as used here-

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in, means two or more architecturally unified comhicular access. The location of off-site parking areas mercial establishments built on a site which is shall be noted by an appropriate sign located both planned, developed, owned and managed as an at the parking generator and at the parking facility. operating unit and which has a total gross leasable 6. All access to individual parking spaces on a area for all commercial establishments within the lot or portion of a lot designated for parking shall center of thirty thousand square feet or more; be from said lot or portion of a lot or from a public 21. For small animal veterinary hospitals and alley. clinics, there shall be provided four parking spaces 7. In no case shall parking spaces be so arfor each doctor in any building or structure, plus ranged that ingress or egress from a parking space one space per each additional employee; requires backing into a public or private pedestrian 22. For transportation facilities, requirements access way. shall be as follows: for airports, railroad passenger E. Off-site Parking Space Maintenance Agreestations, bus depots or other passenger terminal ments. When parking is to be provided off the regufacilities, such parking spaces and location of such larly subdivided lot on which the structure or use, spaces as the planning commission, following the or some portion thereof, is located, the owner or procedure set forth in Chapter 17.60 of this title, lessee of record of the development or use site shall shall deem to be adequate for employees, for the furnish satisfactory evidence to the city attorney that loading and unloading of passengers, and for spectahe owns or has available sufficient property to protors, visitors and others. vide the minimum off-street parking required by this D. Parking Area Improvements and Maintenance. title. Whether parking is to be provided on property Every parcel of land used for the parking or loading owned by the applicant or is in another ownership, of motor vehicles, or motor vehicle sales, shall be there shall have been recorded in the office of the improved and maintained as required in the followcounty recorder, prior to the issuance of any building subsections: ing permit, a covenant executed by the owners of 1. Allareas shall be graded, paved and drained; such property for the benefit of the city in a form and parking stalls, lanes and directional guides shall approved by the city attorney to the effect that the be marked in accordance with the standards adopted owners will continue to maintain such parking space by the council. so long as such structure, improvement or use exists. 2. Lighting, where provided to illuminate such Such covenant shall also recite that the title to and parking, sales or display areas, shall be hooded and right to use the lots upon which the parking space so arranged and controlled as not to cause nuisance is to be provided will be subservient to the premises either to street or highway traffic or to surrounding upon which the structure is to be erected or the use properties. maintained, and shall warrant that such lots are not ed 3. No required parking space shall be so locatand will not be made subject to any other covenant as to require the moving of any vehicle on the or contract for such use without the prior written premises in order to enter or leave any other stall. consent of the city. In the event the owners of such to 4. Automobile parking shall be so arranged as structure should thereafter provide parking space not require the backing out of motor vehicles equal in area within the distance allowed by this from a parking space, garage or other structure onto title, and under the same conditions as to ownership a street in or abutting any commercial or industrial upon another lot than the premises made subservient district. in a prior such covenant, the city will, upon written 5. Parking areas for any use shall be placed in application therefor accompanied by the filing of a such location with relation to the parking generator similar covenant, release such original subservient as to provide for the efficient use of the parking premises from such prior covenant, and the owners facility. On-site parking areas shall have ready veshall furnish at their own expense such title reports 242-77 (Dos Palos 9-98)

be placed in application therefor accompanied by the filing of a such location with relation to the parking generator similar covenant, release such original subservient as to provide for the efficient use of the parking premises from such prior covenant, and the owners facility. On-site parking areas shall have ready veshall furnish at their own expense such title reports 242-77 (Dos Palos 9-98)

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or other evidence as the city may require to insure compliance with provisions of this section. (Ord. 342 (part), 1997)

17.64.050 Construction standards. A. The following standards apply to all construction in the R-2, R-3 and R-4 zones, except that when allowed single family housing is constructed in the R-2 zone, the provisions of the R-1-6 district shall apply.

1. No more than fifty percent of allowed building construction shall rise above the plane established by 1:1 height/setback ratio from any exterior property line of a lot or parcel at any established distance from said exterior property line. 2. Parking areas shall be illuminated at night for security and safety reasons, but the lighting shall not spill over onto adjacent properties. 3. No trash collection area shall be located within ten feet (horizontal) of the outermost extent allowable for a roof projection on a residential structure.

2. Refuse collection areas shall be screened with the same and/or complementary materials and colors used on the main building(s), and shall be enclosed by decorative gates. 5. Walk-in access for tenants, other than the main gates, shall be provided. 6. Fencing for patios or swimming pools (not including perimeter fencing) shall not include chainlink, except that a tennis court may use chain link if it uses such elements as vinyl-covered (or equivalent shading) chain link in complementary colors, masonry plasters, etc., with complementary landscaping.

3. If visible from public right-of-way(s) parking areas shall be screened by landscaping which may include beams or fencing/screening. 8. Private balconies or patios shall be screened with solid or near-solid fencing/railings. They shall be constructed of materials that are of comparable quality and aesthetics to those used on the rest of the project. The color shall complement or match building trim.

B. Forall residential zones and residential developments, the following constructions standards shal] apply for minimum off-street parking: 1. For all single-car garages and carports the minimum width shall be sixteen feet with a minimum ten foot opening in the front. The minimum length or depth shall be twenty-four feet. 2. For all two-car garages and carports the minimum width shall be twenty-four feet with a minimum sixteen foot opening in the front. The minimum length or depth shall be twenty-four feet. 3. The minimum area for an uncovered parking pad shall be twelve feet by twenty-four feet for a single car. (For diagonal parking pads the state of California Cal-Trans Standards shall apply.) (Ord. 342 (part), 1997)

all two-car garages and carports the minimum width shall be twenty-four feet with a minimum sixteen foot opening in the front. The minimum length or depth shall be twenty-four feet. 3. The minimum area for an uncovered parking pad shall be twelve feet by twenty-four feet for a single car. (For diagonal parking pads the state of California Cal-Trans Standards shall apply.) (Ord. 342 (part), 1997)

17.64.060 Access. For the purpose of this section all dimensions shall commence and end at the transition (wings) of the driveway approach. A. The following provisions shall apply to all residential zoning districts: 1. There shall be vehicular access from a dedicated and improved public street to parking facilities on the property requiring off-street parking. 2. The minimum width of any approach shall be twelve feet left open for the purpose of providing a driveway for all new installations. 3. No more than two driveways may be allowed on a single lot, and only under the following conditions: a. Driveways must connect to one another on the interior of the lot; b. Driveways must be located on a single lot frontage not less than one hundred feet wide; c. Total width of all driveways not to exceed thirty-six feet. B. The following provisions shall apply to all nonresidential zoning districts: 1. There shallbe adequate vehicular access from a dedicated and improved public street, service road or alley, the design of which shall be approved by the site plan review committee.

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2. The site plan review committee shall desigmaterial with black text on a white background may nate the location and number of points of ingress be permitted. (Also federal law effective August 28, and egress to the property by conditions established 1997). at the time of site plan review. 6. Illumination. Lights used to illuminate a sign 3. No more than thirty feet of any curb shall be shall be installed to concentrate the illumination on removed or left open for any single commercial the sign and to minimize glare upon a public street driveway, and the total length of curb left open for or upon private property. No red, green, yellow or all driveways shall not exceed fifty percent of the amber lights may be placed in such a position that curb frontage of the property occupied by the busithe lights could be confused with any official traffic ness. On a comer lot the amount of curb left open signal, directional sign or warning device. for driveway purposes along one street frontage 7. Compatibility. The design, materials, and colshall not exceed fifty percent of the curb frontage ors used in any sign or its structure shall be aesthetialong the street. (Ord. 342 (part), 1997) cally and architecturally compatible and harmonious 17.64.070 with other buildings and signs found on the same The Outdoor advertising. street block. The planning commission shall have signage following provisions shall apply to all the authority to enforce this provision. A. in all zoning districts: 8. Compliance. The construction of any sign 1. All signs. shall be in strict compliance with the provisions of Projection. No single- or double-faced sign this title and all other laws or adopted codes of the may hang, project, or extend outward over any city. alley, easement, right of way, sidewalk, or street. It 9. Fire. No sign or sign structure shall be erectis intent of this city to encourage flat or one-sided ed in such a manner that any portion of the surface wall mounted signs which open views and improve or its supports will interfere in any way with the Street visibility. free use of any fire escape, exit, or standpipe. 2. Supports. All supporting members shall ap10. Height and Setback. Unless otherwise specipear to be free of angle iron, extra bracing, cables, fied in the individual district or zone, all signs shall flying buttresses, guy or guide wires. meet the height and setback requirements of the 3. Overhead Conductors. No sign of any kind district or zone in which it is located. may be placed within ten feet of an overhead elec11. Intermittent Signs. With the exception of trical conductor energized in excess of seven hunelectronic time and temperature signs, and signs dred fifty volts. The term “overhead electrical condeemed historic, no animated, blinking, flashing, or ductor” as used in this chapter, means any conducintermittent signs shall be permitted: tor, either bare or insulated, installed above ground 12. Professional Signs. Professional medical ofexcept such conductors as are enclosed in iron pipe fices, including the offices of medical doctors, physor other material covering of equal strength. icians, and surgeons, shall not post any sign either _ 4. Distance. All forms of outdoor advertising indoors or outdoors showing business hours, hours shall meet minimum distance requirements from any of operation, hours of opening or closing. Profesutility or emergency service installation according sional offices may post a sign indicating that said to this code, city standards, or any adopted uniform offices are “open” or “closed.” codes. 13. Rotation. Only barber poles attached to a

ertising indoors or outdoors showing business hours, hours shall meet minimum distance requirements from any of operation, hours of opening or closing. Profesutility or emergency service installation according sional offices may post a sign indicating that said to this code, city standards, or any adopted uniform offices are “open” or “closed.” codes. 13. Rotation. Only barber poles attached to a

13. Rotation. Only barber poles attached to a barber shop may rotate.

14. Tobacco. All outdoor tobacco product advertising and promotional material (including on store windows) that are within one thousand feet of a school or public playground are prohibited. Beyond one thousand feet or indoors, only advertising or

15. Under Awning Signs. All new signs under or attached under any awning, canopy, or marquee, are prohibited.

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15. Light or Ventilation. No sign shall be permitted to obstruct any direction or opening to an extent that light or ventilation is reduced to a point below that required by the Uniform Building Code as adopted by the city.

16. Residential Areas. With the exception of political or real estate signs, all signs are prohibited in all residential zones. 17. Utility Poles. No signs of any kind, including fundraising, garage or yard sale signs, lost item notices, product or service promotions, shall be permitted to be affixed or placed upon any public property, utility pole, utility fixture or tree. 18. Encroachment Hazards. Except as provided for historical signs, all signs, roof top signs, sign poles or sign structures, within twenty feet of a sidewalk, street, public easement or public right of way, which are not in use for more than two years, shall be removed by the property owner upon written notice from the city. Should the property owner fail | toat removeits discretion,the itemremove withinthesixtyitemdays, and billthe citythe prop-may, erty owner for the cost of the removal, its disposal and any related fees. Failure to pay may result in a lien being placed on said property. B. Banners. 1. Without a conditional use permit, no more than one banner, not to exceed thirty-six square feet in area, may be placed on any private property, for a period of time not to exceed thirty days within any calendar year. 2. With a conditional use permit, a second banner may be approved but no more than two banners may hang in one calendar year. 3. The city shall be exempt from banner restrictions in regard to the banners it hangs over its streets or on its streetlights, with the exception that all banners hanging over a public easement or street must refer to an event. C. Billboards. ; 1. Billboards are prohibited, except at the following locations, all of which were in existence prior to the adoption of the ordinance codified in this title:

e city shall be exempt from banner restrictions in regard to the banners it hangs over its streets or on its streetlights, with the exception that all banners hanging over a public easement or street must refer to an event. C. Billboards. ; 1. Billboards are prohibited, except at the following locations, all of which were in existence prior to the adoption of the ordinance codified in this title:

a. One billboard on the west side of the 1600 block of Center Avenue, a.k.a. former Beacon billboard; and b. One billboard on the north side of the 2100 block of Blossom Street; and c. Any city of Dos Palos-owned welcome sign and/or club emblem sign placed at the city’s primary entrances or city limits. D. Freestanding Signs. 1. Afreestanding sign[shall] mean any anchored or permanent sign which is not attached to a building. 2. A conditional use permit is required for all freestanding signs. 3. No more than one freestanding sign shall be permitted on any one lot. 4. A freestanding sign and its structure shall be located only on the premises which it advertises. 5. A freestanding sign shall not exceed twenty feet in height. 6. Double-faced freestanding signs shall not exceed twenty-four inches in width between faces. 7. A freestanding sign shall not be permitted less than twenty feet from the nearest building or fifty feet from the nearest residential district or school facility. 8. The largest freestanding sign face or the total combined area on one side (if an assemblage) on a freestanding structure shall not be permitted to exceed thirty-six square feet in area. The city’s welcome signs are exempt from this provision. 9. The supporting members of a freestanding sign shall appear to be free of angle iron, extra bracing, cables, flying buttresses, guy or guide wires.

10. All freestanding signs with landscaped bases shall be maintained or the sign’s permit will be revoked. E. Historical Signs. 1. The following locations have what are considered by the city of Dos Palos to be historical signs: a. The Dos Palos Theatre marquee located at 1406 Center Avenue; b. The former Arrow Club sign located at 1532 Center Avenue, (currently a video and music store);

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c. The former Dos Palos Furniture sign located moved by the city and the cost of such removal and by the city and the cost of such removal and the city and the cost of such removal and city and the cost of such removal and and the cost of such removal and the cost of such removal and of such removal and such removal and and at 1414 Center Avenue; disposal shall be charged be charged charged to the pertinent the pertinent pertinent candidate d. The former Beacon billboard located at 1610 or campaign campaign committee. Center Avenue. 8. No vehicle or trailer containing a vehicle or trailer containing a or trailer containing a trailer containing a containing a a noncomply2. Historical signs are exempt from the proviing political or campaign sign shall be allowed to sions of subsection (A)(8) of this section pertaining park on any city street. to intermittent lighting and from subsection (A)(14) G. Posters. of this section requiring removal for lack of use. 1. All posters are prohibited on the exterior of 3. Copy may be changed on an historical sign any building or window or door in any district or only if the sign has not been in use for more than zone, except within a locked, glass enclosed case, twenty consecutive years. As of June 15, 1999, the on a bulletin board no larger than thirty-six square Arrow Club sign, the Dos Palos Furniture sign and feet in area, or inside a window. the Beacon Billboard have not been in use for more 2. Nomore than thirty-six square feet of than thirty-six square feet of thirty-six square feet of square feet of feet of of interior than twenty years. As of June 15, 1999, the Dos window space may be may be be covered with posters or spe- posters or spe- or spe- spePalos Theatre marquee was still in use. - cial sales notices notices of any kind, any kind, kind, at any antique, any antique, antique, cloth4. For purposes of this chapter, the “historic ing, collectable, convenience store, gas station, downtown district” includes all Center Avenue lots laundry, liquor store, mini-market, music store, store liquor store, mini-market, music store, store store, mini-market, music store, store mini-market, music store, store music store, store store, store store between the Colony Main Canal and Almond Street. selling second-hand or used items, items, or video store. The historic downtown district is not a separate zone 3. The combination of interior door combination of interior door interior door door and window window but is a special designated area within the central space and exterior building door or window window space business district. covered with posters, with posters, posters, etc. shall not exceed thirty-six not exceed thirty-six exceed thirty-six thirty-six 5. Historical signs may not be relocated outside square feet. of the historic downtown district. 4. All businesses must maintain maintain all windows windows to F. Political or Campaign Signs. allow a minimum of seventy-five percent clear 1. Political or campaign signs shall be allowed window space and visibility from the exterior bein all districts or zones. tween two two and five feet above grade. 2. Political or campaign signs are any form of H. Roof Signs. Signs. advertising of any size, including posters, bearing 1. No more than one roof mounted sign shall be more than one roof mounted sign shall be than one roof mounted sign shall be one roof mounted sign shall be roof mounted sign shall be mounted sign shall be sign shall be shall be be any of the following: a cause, issue or candidate’s permitted on any one building, lot or parcel. name, an election date, the word “yes” or “no,” etc. 2. The combined height of a building and its 3. Political or campaign signs shall not exceed roof sign shall not exceed the maximum building thirty-two square feet in area and shall be no longer height permitted. permitted. than eight feet in length. 3. Roof signs shall not exceed exceed a height of one- of one- one4. Political or campaign signs shall be placed half of the height of the elevation of the the building entirely upon private property with permission of upon which it is located, or ten feet, whichever is the property owner. less.

two square feet in area and shall be no longer height permitted. permitted. than eight feet in length. 3. Roof signs shall not exceed exceed a height of one- of one- one4. Political or campaign signs shall be placed half of the height of the elevation of the the building entirely upon private property with permission of upon which it is located, or ten feet, whichever is the property owner. less.

moved by the city and the cost of such removal and by the city and the cost of such removal and the city and the cost of such removal and city and the cost of such removal and and the cost of such removal and the cost of such removal and of such removal and such removal and and disposal shall be charged be charged charged to the pertinent the pertinent pertinent candidate or campaign campaign committee. 8. No vehicle or trailer containing a vehicle or trailer containing a or trailer containing a trailer containing a containing a a noncomplying political or campaign sign shall be allowed to park on any city street.

2. Nomore than thirty-six square feet of than thirty-six square feet of thirty-six square feet of square feet of feet of of interior window space may be may be be covered with posters or spe- posters or spe- or spe- special sales notices notices of any kind, any kind, kind, at any antique, any antique, antique, clothing, collectable, convenience store, gas station, laundry, liquor store, mini-market, music store, store liquor store, mini-market, music store, store store, mini-market, music store, store mini-market, music store, store music store, store store, store store selling second-hand or used items, items, or video store. 3. The combination of interior door combination of interior door interior door door and window window space and exterior building door or window window space covered with posters, with posters, posters, etc. shall not exceed thirty-six not exceed thirty-six exceed thirty-six thirty-six square feet. 4. All businesses must maintain maintain all windows windows to allow a minimum of seventy-five percent clear window space and visibility from the exterior between two two and five feet above grade. H. Roof Signs. Signs. 1. No more than one roof mounted sign shall be more than one roof mounted sign shall be than one roof mounted sign shall be one roof mounted sign shall be roof mounted sign shall be mounted sign shall be sign shall be shall be be permitted on any one building, lot or parcel. 2. The combined height of a building and its roof sign shall not exceed the maximum building height permitted. permitted. 3. Roof signs shall not exceed exceed a height of one- of one- onehalf of the height of the elevation of the the building upon which it is located, or ten feet, whichever is less. 4. No roof mounted sign may extend outward over an easement or sidewalk. I. Temporary Signs. 1. Temporary signs shall include all signs which, regardless of size, are intended to advertise or promote city, community, or civic projects, or other special events, construction projects, real estate for sale, lease or rent, sales or special promotions, seasonal businesses such as Christmas tree lots, all

No roof mounted sign may extend outward over an easement or sidewalk. I. Temporary Signs. 1. Temporary signs shall include all signs which, regardless of size, are intended to advertise or promote city, community, or civic projects, or other special events, construction projects, real estate for sale, lease or rent, sales or special promotions, seasonal businesses such as Christmas tree lots, all

5. Political or campaign signs shall not be placed earlier than sixty days prior to the election , day for which the issue is being decided or of which the candidate is seeking election. 6. All political or campaign signs, including thank you signs, shall be removed within one week following the pertinent election.

6. One week after the election has passed, any remaining political or campaign sign may be re-

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portable signs, all signs mounted on trailers, and all sandwich board signs regardless of size. 2. With the exception of signs advertising real estate for sale, lease or rent, no temporary sign, including trailer mounted signs, shall be allowed for a duration of time longer than two weeks. 3. Signs advertising real estate for sale, lease or rent shall be permitted for the duration of time that the property remains for sale, lease or rent or for a period of two years, whichever period of time is less. 4. No temporary sign shall be permitted in, on, over, or within six feet of any alley, easement, rightof-way, sidewalk, or street. 5. No more than one temporary sign shall be permitted on any one lot or parcel, including signs advertising credit cards, gasoline prices, lotto or lottery games, alcohol or tobacco products. 6. No more than two “for lease,” “for rent,” or “for sale” signs shall be permitted on any one lot or parcel. 7. No more than two “subdivision” or “tract” development signs shall be permitted in any one new subdivision. 8. Offsite subdivision signs directing prospective purchasers to a subdivision having houses or lots for sale, may be erected and maintained, provided said signs do not create a traffic hazard or interfere with visibility; and said signs shall advertise only the name of the subdivision or tract and/or its slogan, and/or give simple directions to its location; and said signs shall not exceed eight square feet in size; and said signs shall not exceed eight in number; and said signs shall not exceed eight feet in height; and said signs shall only be placed on private property with the permission of the property owner; and said signs shall not be permitted within sixty feet of any public school property. J. Wall Signs. 1. The face of a flat or wall mounted sign may not exceed sixty-four square feet in area. Wall signs may not exceed ten percent of the total wall space on that face of the building.

2. Where a wall sign is located on or within a window, the area of said sign shall not exceed twen_ty-five percent of the total area of the window. 3. Wall signs shall not extend more than three feet above the wall, facade, parapet or eave of the building on which the sign is located. (Ord. 350 (part), 1999; Ord. 342 (part), 1997)

17.64.080 Loading spaces—Number required. Every commercial and industrial building hereafter erected or established shall provide and maintain loading spaces as provided in the following tables:

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17.64.090 Loading spaces—Location and design requirements. The following general requirements shall apply to the location and design of loading spaces: A. When the lot upon which the loading spaces are located abuts upon any alley, such loading space shall adjoin or have access from said alley; B. A loading space may occupya rear or side yard, except such portion required to be landscaped, or unless specifically prohibited by the yard requirements of a particular district; C. Inno case shall any part of an alley or street be used for providing required loading spaces; D. Where the loading area has access from a Street, such access shall conform to city standard specifications, as adopted or amended; E. Loading spaces shall be not less then twelve feet in width and forty feet in length, and shall have fourteen feet of vertical clearance; F. Loading space being maintained in connection with any main building existing prior to the effective date of these provisions shall thereafterbe maintained so long as said building remains, unless an equivalent number of said spaces are provided on a contiguous lot or elsewhere on the same lot, in conformity with the requirements of this chapter; provided, however, that this regulation shall not require the maintenance of more loading space than is hereby required for a new building, nor the maintenance of such space for any type of main building other than those specified; G. No loading space which is provided for the purpose of complying with the provisions of this title shall hereafter be relinquished or reduced in any manner below the requirements established in this title unless equivalent facilities are provided elsewhere, the equivalency of which is determined by the commission, following the procedure set forth in Chapter 17.60 of this title; H. Wherea loading area is adjacent to a residential district, loading shall be done only between the hours of eight a.m. and six p.m., unless the loading area is located not less than one hundred feet from such district or is completely enclosed. (Ord. 342 (part), 1997)

ere, the equivalency of which is determined by the commission, following the procedure set forth in Chapter 17.60 of this title; H. Wherea loading area is adjacent to a residential district, loading shall be done only between the hours of eight a.m. and six p.m., unless the loading area is located not less than one hundred feet from such district or is completely enclosed. (Ord. 342 (part), 1997)

17.64.100 —_Lot lines. A. Front Lot Line. 1. On an interior lot, the front lot line is the property line or lines abutting the street. 2. Onacomer or reversed corner lot, the front lot line is the shorter property line abutting a street. 3. Ona through lot, or a lot with three or more sides abuttinga street, or a corner or reversed corner lot with lot lines of equal length, the commission, following the procedure set forth in Chapter 17.60 of this title, shall determine which property line or lines, shall be the front lot line or lines for purposes of compliance with yard and setback provisions of this title. B. Rear Lot Line. In the case of an irregular or triangular lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines. C. Side Lot Line. On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines. (Ord. 342 (part), 1997)

17.64.110 Landscaping—Design and maintenance standards. A. Whenever this title or any special permission granted hereunder requires landscaping, the following standards of design, practice and maintenance shall be observed: 1. When property is undeveloped at the time landscaping requirements are imposed upon the property, landscaped yards and areas shall be provided and maintained at the time a building is constructed and occupied for any use requiring a building, or when any open use, other than agricultural, occurs on the property.

2. All vegetation shall be provided with an adequate, permanent and nearby source of water which shall be provided by installed on-site water sprinklers, flood or drip irrigation systems. 3. All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical,

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blight or disease, and such vegetation or those that show signs of such damage or injury at any time shall be replaced by the same, similar or substitute vegetation of a size, form and character which will be comparable at full growth. 4. Landscaping provided with any use requiring a site plan shall be designated on the site plan. B. The following standards for landscaping shall apply to multi-family residential construction (R-2, R-3 and R-4 Zones) unless otherwise modified by conditional use permit. 1. Ground-mounted air conditioning units shall be screened from public view, using either landscaping or a combination of landscaping and screening comprised of the same material as used on the buildings.

ed on the site plan. B. The following standards for landscaping shall apply to multi-family residential construction (R-2, R-3 and R-4 Zones) unless otherwise modified by conditional use permit. 1. Ground-mounted air conditioning units shall be screened from public view, using either landscaping or a combination of landscaping and screening comprised of the same material as used on the buildings.

2. Landscaping used to screen objects such as meter boxes, air conditioning units, etc., shall be chosen so that in not less than two years of normal growth, full coverage will be achieved.

3. A minimum of one tree (other than street trees) shall be required per three units, and foundation plantings (a minimum mean horizontal depth of three feet) covering the equivalent of a minimum of fifty percent of the overall horizontal building frontage shall be required in the overall project. 4. Landscaping other than turf shall be located a minimum of three feet from any fire hydrant to allow access.

4. The perimeter of trash enclosures shall be planted with landscaping, such as shrubs or climbing evergreen vines, unless otherwise required by the city.

5. An automatic irrigation system shall be provided to all planting areas within the project, in accordance to the city’s landscape ordinance. 7. Parking areas shall be landscaped with a minimum of one tree per every four spaces. (Ord. , 342 (part), 1997)