Dos Palos Municipal Code Title 17 Zoning

Chapters:

standards. man habitation unless such building is occupied by

17.44.050 Lot area. the owner or keeper of the animals, or within one 17.44.060 Lot dimensions. hundred feet of the front line of the lot; however,

241 (Dos Pa1os 9-98)

(Dos Pa1os 9-98) 242

17.04.010

Chapter 17.04 sions of sites, and the provision of off-street parking
and loading facilities within said districts. (Ord. 342

GENERAL ZONING PROVISIONS (part), 1997)

Sections: 17.04.050 Applicability of provisions.

requirements. force and effect thirty days after the date of adop- tion by the city council. (Ord. 342 (part), 1997)

The chapters and sections of this title shall be 17.04.070 Interpretation as minimum known as the "zoning ordinance of the city of Dos requirements. Palos." (Ord. 342 (part), 1997) In their interpretation and application, the provi- sions of this zoning title shall be held to be mini- 17 .04.020 Purpose of provisions. mum requirements. No provision of this title is The pnrpose of this zoning title are to furnish a intended to abrogate, repeal, annul or interfere with guide for the orderly physical growth and develop- any existing ordinance of the city, except as specifi- ment of the city, to promote and protect the pnblic cally stated herein, or any deed restriction, covenant, health, safety, comfort, and general welfare, to easement or other agreement between parties; pro- preserve agricultural land and to implement the vided, that where this imposes greater restrictions or general plan of the city of Dos Palos. (Ord. 342 regulations, this title shall control. (Ord. 342 (part), (part), 1997) 1997)

17.04,030 Statutory authority. The provisions of this zoning title are adopted pursuant to the provisions of Chapter 4 of Title 7 of the Government Code of the state, commonly known as the Zoning and Planning Law (Sections 65800 et seq.). (Ord. 342 (part), 1997)

This zoning title shall consist of a zoning map dividing the land within the city into certain zoning districts, hereinafter called the "official zoning map," and these regulations controlling the uses of land, the density of population, the uses, and loca- tions of buildings and structures, the height and bulk of buildings, the open spaces about buildings and structures, the screening and landscaping of certain uses, buildings and structures, the areas and dimen-

242-1 (Dos Palos 9•98)

Chapter 17.08 17.08.340 Building inspector. -f~}

determination criteria. ing a lot or property line, it shall be construed as

district boundaries. · C. Where neither subsections A or B of this section apply, the boundary line shall be determined 17 .12.010 Districts established. by the use of the scale designated on the official The zoning districts established by this zoning map. title are as follows: D. If further uncertainty exists, the planning commission, following the procedure specified in R-1-10 Low density single-family residential Chapter 17 .64 of this title, shall determine the loca- district tion of the boundary in question. (Ord. 342 (part), R-1-6 Medium density single-family resi- 1997) dential district R-2 Medium high density residential 17.12.030 Annexation and changes of district district boundaries. R-3 High density residential district A. Where property annexed to the city has been R-4 High density residential district classified by the city pursuant to prezoning provi- sions, such prezoning classification shall become C-1 Central business/community com- effective at the same time that the annexation be- mercial district comes effective. The method of accomplishing C-2 Service commercial district prezoning shall be the same as that specified for C-T Commercial transition district change of zoning district amendments in Chapter C-N Neighborhood commercial district 17 .80 of this title. Prezoning shall be recorded on L-I Light industrial district the official zoning map in the same manner as H-I Heavy industrial district change of zoning district amendments, but shall be identified by the use of parentheses enclosing the U-R Urban reserve district district symbols. P Public facilities district B. Where property aunexed to the city was not 0 Open space/recreation district prezoned by the city, it shall be classified in the U- FUD Planned unit development district R district upon annexation. (Ord. 342 (part), 1997) (Ord. 342 (part), 1997)

17 .12.020 District boundary determination criteria. Whenever any question exists as to the boundary of a district as shown on the official zoning map, the following regulations shall apply: A. Where a boundary is indicated as a street, alley, railroad right-of-way, canal, or other water-

(Dos Palos 9-98) 242-24

17.16.010

Chapter 17.16 E. Churches. (Ord. 342 (part), 1997)

R-1-10 LOW DENSITY SINGLE-FAMILY 17.16.040 Property development standards. RESIDENTIAL DISTRICT The following property development standards, together with the property development standards in Sections: the general conditions, Chapter 17 .64 of this title,

standards. In the R-1-10 district, each lot shall have a mini-

The R-1-10 district is intended to provide for the eighty feet. development of single-family residential homes at 2. Comer lots shall have a minimum width of url,>an standards on lots not less than ten thousand eighty feet. square feet in area, with not more than one dwelling 3. Reversed corner Jots shall have a minimum unit permitted on any lot. (Ord. 342 (part), 1997) width of eighty feet. 4. Curved Jots and cul-de-sac Jots shall have a 17 .16.020 Permitted uses. minimum street frontage width of fifty feet. The following uses only shall be permitted in the B. Depth. Minimum one hundred foot depth. R-1-10 district: any use permitted in the R-1-6 (Ord. 342 (part), 1997) district, Section 17.20.020 of this title. (Ord. 342 (part), 1997) 17.16.070 Population density. In the R-1-10 district, the provisions of the R-1-6

The following uses only shall be permitted in the (Ord. 342 (part), 1997) R-1-10 district, subject to first securing an annual conditional use permit as provided in Article I of 17.16.080 Building height. Chapter 17.76 of this title. In the R-1-10 district, the provisions of the R-1-6 A. Communications equipment buildings, struc- district, Section 17.20.080 of this title, shall apply. tures, or towers; (Ord. 342 (part), 1997) B. Electrical distribution substations; C. Water pump stations; 17.16.090 Space between buildings. D. Home occupations, as pemritted in the R-1-6 In the R-1-10 district, the provisions of the R-1-6 district; ) 242-25 (Dos Palos 9-98)

17.16.090

district, Section 17 .20.090 of this title, shall apply. projection of the required street side yard to the rear (Ord. 342 (part), 1997) lot line. F, Swimming pools shall be entirely enclosed by

In the R-1-J0 district, each lot shall have a maxi- or fence shall be equipped with self-latching gates, mum lot coverage of fifty percent of the total lot the latching being located not less than four feet area. The minimum living area within a building in above the ground. Said fencing must be installed an R-1-10 district is one thousand six hundred and approved by the city building inspector before square feet. (Ord. 342 (part), 1997) water is first run into the pool. Such fences or walls shall comply with all other provisions relating to the

A site plan shall be submitted to the site plan forth in this title. review committee for approval in accordance with G. Fences or structures over six feet in height, the provisions of Section 17 .60.060 of this title to enclose tennis courts or other game areas located before any new building or structure is developed within the rear half of a lot, shall be composed of on any lot within the R-1-10 district. Temporary wire mesh capable of admitting at least ninety per- tract offices and model homes shall be considered cent of light as measured on a correctly calibrated residential buildings for the purpose of this section. light meter. Such fences shall be permitted in re- (Ord. 342 (part), 1997) quired side or rear yards subject to first securing a conditional use permit as provided in Article I of

In the R-1-10 District: H. Fences and walls over six feet in height not , A. All new fences, hedges and walls shall constrncted according to city standard specifications conform to the comer cutoff provisions of the gen- shall be engineered by a licensed architect or engi- eral conditions, Section 17.64.030 of this title. neer and approved by the city. B. Fences, hedges and walls situated on the side I. For nonresidential uses, the provisions of Sec- property line paralleling a street shall be setback a tion 17 .64.030 of this title shall apply. minimum of ten feet from the face of the curb (see J. All fences and walls shall require a building city of Dos Palos stan.dard specifications). • permit. (Ord. 342 (part), 1997) C. Fences, hedges and walls shall be permitted on or within all rear and side property lines on 17.16.130 Off-street parking. interior lots and on or to the rear of all front yard The following provisions shall apply in the R-1-10 setback lines, except as described in subsection D district, subject to the general conditions of Chapter of this section. 17 .64 of this title: D. No fence, wall or hedge over seven feet in . A. For one-fantily dwellings, there shall be at height shall be permitted. The construction of fences least three parking spaces provided in a garage or and walls shall be in STRICT compliance with the carport on the same lot for every dwelling unit and provision of this title and all .other laws and design at least two uncovered off street parking spaces standards of the city. provided behind said garage or carport, and shall be E. No fence, wall or hedge over three feet in accessible from a street, not from an alley. height shall be permitted in any required front yard, B. For nomesidential uses, the off-street parking or in the required side yard of the street side of a provisions of the general conditions, Section reversed corner lot, or in the area of a required rear 17 .64.040 of this title shall apply. (Ord. 342 (part), yard on a reversed corner lot that is defined by a 1997) '

(Dos Palos 9~98) 242-26

17.20.010

Chapter 17.20 ons, monkey, mules, opossum, osprey, ostrich, pot-
bellied pigs, raccoon, reptiles, scorpion, sheep,

R-1-6 MEDIUM DENSITY SINGLE-FAMILY skunk, squirrel, snakes, swine, tarantulas, turkeys, RESIDENTIAL DISTRICT other bovine, equine, ovine, or ruminant, animals, predatory or wild animals or birds, game birds, Sections: other birds or fowl, any federally-listed endangered

standards. 2. The keeping of household pets or other ani-

The R-1-6 district is intended to provide for the The following uses only shall be permitted in the development of single-family residential homes at R-1-6 district, subject to first securing an annual urban standards on lots not less than six thousand conditional use permit as provided in Article I of square feet in area, with not more than one dwelling Chapter 17.76 of this title. unit permitted on any lot. (Ord. 342 (part), 1997) A. Churches; B. Communications equipment buildings, struc-

The following uses only shall be permitted in the C. Day nurseries, nursery schools or child care R-I -6 district: nurseries at or adjacent to a nonresidential use; A. One family dwelling units, not more than one D. Electrical distribution substations; dwelling per lot; E. Home occupations, subject to the following B. Accessory buildings and structures, including provisions: garages and swimming pools; I. Such use shall maintain the appearance of a C. Temporary tract offices, model homes and residential use and avoid environmental pollution or construction materials storage yards, within the tract the generation of undue vehicular traffic or pedes- being developed; trian traffic. The use shall be conducted indoors, and D. Private greenhouses and horticultural collec- there shall not be external modification to the struc- tions, flower and vegetable gardens; ture or property on which the use is conducted, E. The keeping of household pets, subject to the 2. The use shall not generate undue noise be- following: yond the limits of the property, I. Household pets shall not include one or more 3. There shall be no effluents of polluting mate- of the following: alligators, ape, bear, bees or wasps, rials to the air or water leaving the premises, nor cattle, chickens, crocodiles, donkeys, ducks, emu, shall there be the generation of any undue noise to falcons, geese, goats, hawks, horses, komodo drag- create a nuisance on any adjoining properties,

242-27 (Dos Palos 9~98)

17.20.030

4. There shall be no bright lights, glare or weld- A. Width. ing flashes generated by the use, and there shall be I. Interior lots shall have a minimum width of no hazards to neighbors or the children, sixty feet;
   5. There shall be no attractive nuisances, 2. Comer lots shall have a minimum width of
   6. The use shall be conducted only by bona fide seventy feet; residents of the dwelling unit on the premises and 3. Reversed corner lots shall have a minimum no person other than residents on the premises shall width of seventy feet; be employed in a home occupation, 4. Curved lots and cul-de-sac lots shall have a
   7. Sales of goods on the premises shall be limit- minimum street frontage width of forty feet. ed to the products of the home occupation, and no B. Depth. other merchandise or goods shall be sold, kept or I. Minimum one hundred foot lot depth. (Ord. displayed for the purpose of sale on the premises 342 (part), 1997) except merchandise or goods which are incidental to the home occupation, 17.20.070 Population density.
   8. The use shall be maintained only as auxiliary In the R-1-6 district, not more than one dwelling or incidental use to the primary function of residen- shall be permitted per lot. (Ord. 342 (part), 1997) tial use of the premises,
5. Any such use shall be subject to first securing 17.20.080 Building height. a use permit as provided by Article I of Chapter In the R-1-6 district: 17.76 of this title; A. No main building or structure erected in this F. Public libraries; district shall have a height greater than two stories, G. Small family rest homes licensed as such, not to exceed thirty feet. (Ord. 342 (part), 1997) which house four or fewer patients; H. Water pump stations; 17.20.090 Space between buildings. I. _Granny units or houses. (Ord. 342 (part), The minimum distance between buildings for

1997. residential uses in R-1-6 district shall be as follows:

      A. Accessory buildings located to the rear of a

main building in the area defined by the projection

The following property development standards, of the side lines of said building shall not be less together with the property development standards in than six feet from said main building. the general conditions, Chapter 17 .64 of this title, B. All other accessory buildings shall be located shall apply to all land and structures in the R-1-6 not less than six feet from any main building, except district as stated therein. (Ord. 342 (part), 1997) where said accessory building is used for garage purposes and where said garage is located within the

Each lot in the R-1-6 district shall have a mini- any main building; where vehicular access to said mum area of six thousand square feet. (Ord. 342 garage faces any main building and falls entire! y, or (part), 1997) in part, within said area, the garage shall be not less than twenty-five feet from any main building or

All lots in the R-1-6 district created after the effective date of these provisions shall comply with 17.20.100 Lot coverage. the following minimum standards, and lots existing In the R-1-6 district, maximum lot coverage by prior to the effective date may not be reduced below buildings or structures shall not exceed sixty percent these standards. Each dimension is minimum, only. of the total lot area. The minimum living area with-

{Dos Palos 9-98) 242-28

17.20.100

-, in any building in an R-1-6 district is one thousand two hundred square feet. (Ord. 342 (part), 1997)

A site plan shall be submitted to the site plan re- view committee for approval in accordance with the provisions of Section 17 .60.060 of this title before any new building or structure is developed on any lot within the R-1-6 district. Temporary tract offices and model homes shall be considered residential buildings for the purpose of this section. (Ord. 342 (part), 1997)

The following provisions shall apply in the R-1-6 district subject to the general conditions of Chapter 17 .64 of this title. A. For one-family dwellings, there shall be at least two parking spaces (three are encouraged) provided in a garage or carport on the same lot for every dwelling unit and at least two uncovered off street parking spaces provided behind said garage or carport, all accessible from a street not an alley. B. For nonresidential uses, the off-street parking provisions of the general conditions, Section 17.64.040 of this title shall apply. (Ord. 342 (part), 1997)

242-29 (Dos Palos 9-98)

17.24.010

~ Chapter 17 .24 R-2 district, subject to first securing an annual con- (""' ' ; ditional use permit as provided in Article I of Chap-

R-2 MEDIUM-HIGH DENSITY MULTIPLE- ter 17.7 6 of this title. FAMILY RESIDENTIAL DISTRICT A. Churches; B. Communications equipment buildings, struc- Sections: tures, or towers;

standards. of Section 17 .20.030 of this title;

17.24.080 Building height. lot; 17.24.090 Space between buildings. . G. Parent-child cooperatives in a nonresidential

The R-2 district is intended to provide for the development of medium~high multiple-family resi- 17.24.040 Property development standards. dential structures, where such buildings are reason- The following property developrrientstanciards, ably spaced on the lot to provide for light, privacy, together with property development standards in the air, safety and insulation against transmission of general conditions, Chapter 17 .64 of this title, shall sound, on lots not less than six thousand square feet apply to all land and structures in the R-2 district. in area. (Ord. 342 (part), 1997) (Ord. 342 (part), 1997)

The following uses only shall be permitted in the In the R-2 district, each lot shall have a minimum area of six thousand square feet except as providedR-2 district: A. Any use permitted in the R-1-6 district, Sec- in Section 17.24.070 of this chapter. (Ord. 342 tion 17.20.020 of this title; (part), 1997) B. Two-family or multiple-family dwellings, either in one structure or in two or more detached 17.24.060 Lot dimensions. buildings; In the R-2 district, the provisions of the R-1-6 C. Accessory buildings and uses customarily district, Section 17 .20.060 of this title, shall apply. incidental to any of the above uses, when located on (Ord. 342 (part), 1997) the same lot and not involving the conduct of a business. (Ord. 342 (part), 1997) 17.24.070 Population density. The following population density standards shall

The following uses only shall be permitted in the

242-30

17.24.070

A. Where a nonconforming lot has less than six 3. Where accessory buildings are attached to a
thousand square feet of lot area, said lot shall not be main building by a breezeway roof, the provisions
used for more than one dwelling unit; of subsections (B)(l) and (B)(2) of this section shall
B. Three thousand square feet of lot area shall apply.
be required for each dwelling unit when two or 4. The J:11inimum distance between accessory
more units are located on a single lot. (Ord. 342 buildings or structures shall be not less than six feet,
(part), 1997) unless said buildings or structures have a common
or party wall. (Ord. 342 (part), 1997)

In the R-2 district, the provisions of the R-1-6 17.24.100 Lot coverage. district, Section 17.20.080 of this title, shall apply. In the R-2 district, the maximum lot coverage by (Ord. 342 (part), 1997) buildings or structures shall not exceed fifty-five percent of the total lot area. (Ord. 342 (part), 1997)

In the R-2 district: 17.24.110 Site plan review. A. The minimum space between exterior wails A site plan shall be submitted to the site plan of main buildings on the same lot shall be as fol- review committee for approval in accordance with lows: the provisions of Section 17 .60.060 of this title I. For buildings side to side, the minimum space before any new buildings or structure is developed shall be ten feet; on any lot within the R-2 district. In addition to the 2. For buildings rear to side, front to side, with information specified in Section 17.60.060 of this entries or exits onto the intervening space, the mini- title, the site plan shall show the type and color of mum space shall be fifteen feet; ail materials to be used on exterior walls and roofs 3. For buildings front to rear, rear to front, with of ail multiple-family buildings and structures, and entries or exits into the intervening space, the mini- the location and design of ail recreation and open mum space shall be twenty feet; space areas, and the recreation equipment to be 4. For buildings front to front arranged about an included thereon. (Ord. 342 (part), 1997) interior court permitting a ten-foot-wide driveway in said interior courts, said driveway being access 17.24.130 Off-street parking. to a parking area or building, the minimum space The following provisions shall apply in the R-'2 shall be thirty feet; without said driveway, said district, subject to the general ·conditions of Chapter space shall be twenty-five feet; 17.64 of this title: 5. In no event shall the minimum space between A. For one-family dwellings the provisions of main buildings be less than ten feet. the R-1-6 district, Section 17.20.130 of this title, B. The minimum space between exterior wails shall apply. of main buildings and accessory buildings on the B. For multiple-family dwellings, the provisions same lot shall be as follows: of the R-1-6 district shall apply for the first unit. I. Garages and other nondwelling structures Each additional dwelling unit shall require a mini- shall be located not less than six feet from any main mum of one additional garage or carport space and building unless such structure is attached to the one additional uncovered off street space. The re- main building with a common wail or party wail. quired spaces shall be on the same lot with the main 2. The vehicle opening shall be not less than building which they are intended to serve, and shall twenty-five feet from the main building or buildings. be located to the side or rear of the required front • yard, but shall be accessible from a street, not from an alley. ) _/ 242-31 (Dos Palos 9-98)

17.24.130

C. For nonresidential uses, the off-street parking ,.¢"·""·'h.,. provisions of the general conditions, Chapter 17 .64 \ J of this title, shall apply. (Ord. 342 (part), 1997)

(Dos Palos 9-98) 242-32

17.28.010

Chapter 17.28 17.28.030 Conditional uses.
The following uses only shall be pennitted in _the

R-3 IDGH-DENSITY MULTIPLE-FAMILY R-3 district, subject to first securing an annual con- RESIDENTIAL DISTRICT ditional use pennit: A. Communications buildings, structures, or tow- Sections: ers;

standards. E. Home occupations, subject to conforming

17.28.080 Building height. nurseries, provided that the subject use is limited to 17.28.090 Space between buildings. one per lot; 17.28.100 Lot coverage. G. Parent-child cooperatives at a nonresidential

principal activity of which is a service customarily

The R-3 district is intended to provide for the I. Professional offices; development of high-density multiple family resi- J. Rest homes, licenses as such, which house dential structures, where such buildings are reason- not more than twenty-four persons including mem- ably spaced on the lot to provide for light, privacy, bers of the resident family; air, safety and insulation against transmission of K. Sanitariums and hospitals; sound, on lots not less than six thousand square feet *L. Existing multi-family units. in area. (Ord. 342 (part), 1997) * Note: All existing multi-family units as of the date of adoption of the ordinance codified in this title shall be deemed subject to the

provisions of Chapter 17 .76. Article I of this title. Application for

The following uses only shall be pennitted in the a conditional use permit must be accomplished within thirty days after the effective date of the ordinance codified in this title or R-3 district: written notification from the city of Dos Palos. A. Multiple-housing facilities, including roominghouses and boardinghouses, apartment hous- (Ord. 342 (part), 1997) es and apartment courts, but not including housing . facilities furnished to transient boarders or roomers; 17.28.040 Property development standards. B. Fraternities and sororities; The following property development standards, C. Accessory buildings and uses customarily together with the property development standards in incidental to any of the above uses, when located on the general conditions, Chapter 17.64 of this title, the same lot and not involving the conduct of a shall apply to all land and structures in the R-3 business. district. (Ord. 342 (part), 1997) D. The keeping of household pets, subject to the provisions of Section 17 .20.020(E) of this title. 17.28.050 Lot area. (Ord. 342 (part), 1997) In the R-3 district, each lot shall have a minimum

242-33 (Dos Palos 9-98)

17.28.050

area of six thousand square feet, except as provided mation specified in Section 17 .60.060 of this title, -l~'''"'>i r in Section 17 .28.070 of this chapter. (Ord. 342 the site plan shall show the type and color of all ~ (part), 1997) materials to be used on exterior walls and roofs of all multiple-family buildings and structures, and the

In the R-3 district, the provisions of the R-1-6 areas, and the recreation equipment to be included district, Section 17.16.060 of this title, shall apply. thereon. (Ord. 342 (part), 1997) (Ord. 342 (part), 1997)

17.28.070 . Population density. In the R-3 district, the provisions of Bection The following population density standards shall 17.24.130 of this title shall apply. (Ord. 342 (part), apply to all lots in the R-3 district: 1997) A. Where a nonconforming lot has less than five thousand square feet of lot area, said lot shall not be used for more than one dwelling unit. B. When two or more dwelling units are located on a single lot, a minimum lot area of four thousand square feet shall be required for the first unit, and . one thousand square . feet of lot area shall be re- quired for each additional second through sixth units. Each additional unit over six shall require one thousand five hundred square feet of lot area. (Ord. 342 (part), 1997)

In the R-3 district, the provisions of the R-1-6 district, Section 17.20.080 of this title, shall apply. (Ord. 342 (part), 1997)

In the R-3 district, the provisions of the R-2 district, Section 17.24.090 of this title, shall apply. (Ord. 342 (part), 1997)

In the R-3 district, the maximum lot coverage by buildings or structures shall not exceed sixty percent of the total lot area. (O~d. 342 (part), 1997)

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17 .60.060 of this title before any building or structure is developed on any Jot within the R-3 district. In addition to the infor-

(Dos Palos 9~98) 242-34

17.30.010

Chapter 17.30 17.30.030 Conditional uses.
The following uses only shall be permitted in the

R-4 IDGH-DENSITY MULTIPLE-FAMILY R-4 district, subject to first securing an annual con- RESIDENTIAL DISTRICT ditional use permit: A. Communications buildings, structures, or tow- Sections: ers;

standards. E. Home occupations, subject to conforming

17.30.080 Building height. nurseries, provided that the subject use is limited to 17.30.090 Space between buildings. one per lot;

The R-4 district is intended to provide for the de- principal activity of which is a service customarily velopment of high-density multiple-family residen- carried on as a business; tial structures, where such buildings are reasonably J. Professional offices; spaced on the lot to provide for light, privacy, air, K. Rest homes, licenses as such, which house safety and insulation against transmission of sound, not more than twenty-four persons including mem- on lots not less than six thousand square feet in bers of the resident family; area. (Ord. 342 (part), I 997) L. Sanitariums and hospitals; *M. Existing multi-family units.

The following uses only shall be permitted in the * Note: All existing multi-family units as of the date of adoption of the ordinance codified in this title shall be deemed subject to the R-4 district: provisions of Chapter 17.76, Article I of this title. Application for A. Multiple-housing facilities, including a conditional use pennit must be accomplished within thirty days roorninghouses and boardinghouses, apartment hous- after the effective date of the ordinance codified in this title or written notification from the city of Dos Palos. es and apartment courts, but not including housing facilities furnished to transient boarders or roomers; (Ord. 342 (part), 1997) B. Fraternities and sororities; C. Accessory buildings and uses customarily 17.30.040 Property development standards. incidental to any of the above uses, when located on The following property development standards, the same lot and not involving the conduct of a together with the property development standards in business; the general conditions, Chapter 17 .64 of this title, D. The keeping of household pets, subject to the shall apply to all land and structures in the R-4 provisions of Section 17 .20.020E of this title. (Ord. district. (Ord. 342 (part), 1997) 342 (part), 1997)

242-35 (Dos Pa1os 9-98)

17.30.050

17.30.050 Lot area. flagpoles, chimneys, smokestacks, silos, water tanks In the R-4 district, each lot shall have a minimum or radio mast, or similar structures, may be erected area of six thousand square feet, except as provided above the height limits herein prescribed, provided in Section 17 .30.070 of this chapter. (Ord. 342 that the same may be safely erected and maintained (part), 1997) at such height in view of the surrounding conditions and circumstances, but no roof structures, or any

In the R-4 district, the provisions of the R-1-6 the purpose of providing additional living or floor district, Section 17.20.060 of this title, shall apply. space. (Ord. 342 (part), 1997) (Ord. 342 (part), 1997)

17 .30.070 Population density. In the R-4 district, the provisions of the R-2 dis- The following population density standards shall trict, Section 17 .24.090 of this title, shall apply. apply to all Jots in the R-4 district: (Otd. 342 (part), 1997) A. Where a nonconfonning Jot has Jess than five thousand square feet of Jot area, said Jot shall not be 17.30.100 Lot coverage. • used for more than one dwelling unit. In the R-4 district, the maximum lot coverage by B. When two or more dwelling units are located buildings or structures shall not exceed sixty-five on a single Jot, a minimum Jot area of fifteen hun- percent of the total lot area. (Ord. 342 (part), 1997) dred square feet shall be required for the first unit, aud one thousand square feet of Jot area shall be 17.30.110 Site plan review. required for each additional second through sixth A site plan shall be submitted to the site plan re- units. Each additional unit over six shall require one view committee for approval in accordance with the thousand five hundred square feet of Jot area. (Ord. provisions of Section 17 .60.060 of this title before 342 (part), 1997) any building or structure is developed on any lot within the R-3 district. In addition to the informa-

In the R-4 district: site plan shall show the type and color of all materi- A. No main building or structure erected in this als to be used on exterior walls and roofs of all district shall have a height greater than three stories, multiple-family buildings and structures, and the not to exceed forty feet. location aud design of all recreation and open space B. No accessory building or structure erected in areas, and the recreation equipment to be included this district shall have a height greater than two thereon. (Ord. 342 (part), 1997) story, not to exceed thirty feet to plate height. C. Exceptions. Within this district, all buildings 17.30.130 Off~street parking. hereafter designed or erected, and existing buildings In the R-4 district, the provisions of Section which ·may be reconstructed, altered, moved or 17 .24.130 of this title shall apply. (Ord. 342 (part), enlarged, shall comply with the height regulations 1997) herein prescribed with the following exceptions: subject to first securing a conditional use permit as provided in Article I of Chapter 17. 76 of this title, roof structures for the housing of elevators, stair- ways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, church steeples,

(Dos Pa1os 9~98) 242-36

17.32.010

Chapter 17.32 K. Clothing cleaners;
L. Clothing stores, department stores;
C-1 CENTRAL BUSINESS DISTRICT OR M. Drug stores, pharmacies;
COMMUNITY COMMERCIAL DISTRICT N. Florists, balloon sales, party stores, wedding
supplies;
Sections: 0. Food stores, grocery stores, supermarkets;

17.32.040 Property development R. Medical, dental and optical laboratories; standards. S. Motion picture theatres, not adult only;

The C-1 district is intended as a central location chines, facsimile, lithographing, newspaper publish- for commercial shopping, retail sales, governmental ing, printing; and professional offices and family fonns of enter- W. Self service laundries; tainment. Churches and residential uses are permit- X. Shoe stores, shoe repair, shoe shine stands; ted in several other zones. (Ord. 342 (part), 1997) Y. Sign shops; Z. Stationery stores, notions, pet shops, toy

The following uses only shall be permitted in the AA. Tailor shops; C-1 district, plus such other uses as the commission, BB. Taxicab stands; follpwing the procedure set forth in Chapter 17 .60 CC. Television and radio stations, sales and re- of this title, may determine to be similar in nature pair; and consistent with the intent of the district as speci- DD. Video stores. (Ord. 342 (part), 1997) fied in Section 17.32.010 of this chapter: A. Administrative, business, insurance, medical, 17.32.030 Conditional uses. and professional offices, post offices; The following uses only shall be permitted in the B. Appliance stores, furniture stores; C-1 district, suoject to first securing an annual con- C. Automotive: including sales, leasing, rental, ditional use permit as provided in Article I of Chap- new parts, supply stores, upholstery, new tire sales, ter 17.76 of this title. detail services, (all services to be performed within A. Animal hospital; an enclosed building), self or service car washes; B. Automobile repair garage (any repairs to be D. Bakeries, retail; conducted within an enclosed building); E. Banks and fmancial institutions; C. Automobile service station; F. Barbershops, beauty shops, reducing salons, D. Bakery, wholesale only if combined with tanning salons; retail sales unit at same location; G. Bookstores, libraries, reading rooms, coffee E. Bar, saloon or tavern subject to the limita- houses; tions of Chapter 17 .60 of this title; H. Bowling alleys; F. Boat sales (any service or repair to be con- I. Cafes, restaurants; ducted within an enclosed building); J. Candy, confectionery, fountains, ice cream or G. Communications equipment buildings, struc- yogurt stores; tures, towers, microwave radio, cable television sales; ,, I 242-37 (Dos Palos 9-98)

CJ

17.32.030

H. Convenience stores without gasoline sales, 17.32.060 Site plan review. subject to the limitations of Chapter 17 .60 of this A site plan shall be submitted to the site plan title; review committee for approval in accordance with I. New crafts, art, art supplies, not antiques; the provisions of Section 17.60.060 of this title J. Drive-in cafe, fast food restaurant with drive- before any building, structure or advertising struc- through service, banking with drive-through service; ture is erected or any parking facilities are devel- K. Electrical transmission and distribution sub- oped on any lot within the C-1 district. A site plan stations; review shall be required for all conditional use L. Feed stores, veterinary supplies conducted permits. (Ord. 342 (part), 1997) within an enclosed building; M. Funeral parlors or mortuaries; N. Horse trailer sales and repair (any service or repair shall be conducted within an enclosed build- ing); 0. Ice, food or water dispensing machines; P. Jewelry stores; Q. Liquor stores subject to the limitations of Chapter 17 .60 of this title; R. Live entertainment suitable for children, including concerts, dances, plays; S. Jewelry stores; T. Parking lots or parking stations; U. Pool halls, billiard halls subject to the limita- tions of Chapter 17 .60 of this title; V. Sale of antiques, secondhand goods or used clothing (all items shall be stored or displayed with- in an enclosed building); W. Water pump stations. (Ord. 342 (part), 1997)

The following property development standards, together with the property development standards in the general conditions, Chapter 17 .64 of this title, shall apply to all land and structures in the C-1 district. (Ord. 342 (part), 1997)

No building or structure erected in the C-1 dis- trict shall have a height greater than two stories, not to exceed thirty-five feet; provided, that buildings over two stories or thirty-five feet may be erected subject to first securing a conditional use permit as provided in Article I of Chapter 17.76 of this title. (Ord. 342 (part), 1997)

(Dos Palos 9+98) 242-38

(1

Vi '!.

ORDINANCE 420

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS AMENDING THE DOS PALOS MUNICIPAL CODE: TITLE 17, CHAPTER 32, SECTION 020-032.

(The City Council of the City of Dos Palos does hereby ordain as follows.)

C-1 CENTRAL BUSINESS DISTRICT OR COMMUNITY COMMERCIAL DISTRICT

... Section 17.32.020 Permitted uses . . .. Q. Hotels and motels; (is eliminated and replaced with) Q. Hat stores .

... Section 17.32.030 Conditional uses. (adding) ... X. Assisted living or skilled nursing facilities with 25 patient units or more, for military veterans, disabled, or senior citizens. Y. Brew pub or taproom.

Section 17.32.031 Exemption for Existing Locations. Any permitted or conditional use permitted business location in existence as of July 28, 2018 (the date this Ordinance would take effect) or which the permit or business license has not been expired for less than one year after July 28, 2018 (same date) that would be subject to the restrictions in Section 17.32.032 is exempt from Section 17.32.032.

Section 17.32.032 Restrictions. No new permit to own or operate any of the following business types: boarding house, food bank, food pantry, half-way house, hotel, motel, pawn broker or shop, store including discount or thrift store selling previously owned, used, consigmnent or donated items, flea market, hock, junk, repossessed, rummage, second hand, second hand dealer, surplus, swap, swap meet, or thrift store, shall be allowed as either a permitted or conditional use in the C-1, Central Business District, Community Commercial District, or Downtown area, districts, or zones.

(Italic copy above is for information only and not part of the ordinance)

Actions:

On May 15, 2018, it was moved by Councilmember Pigg and seconded by Councilmember McGlynn to Introduce Ordinance 420. The motion passed 5-0 as follows: AYES: Hogue, Thompson, Lerner, McGlynn, and Pigg. NOES: None. ABSENT: None. ABSTENTIONS: None.

·U;,._·,.·I

The First Public Hearing was opened at 6:15 pm. Manuela Sousa asked if an existing pennitted business no longer allowed by this ordinance could be closed for a year and still go through the process to reopen. Mayor Hogue responded, "Yes, but no more than a year." No one else requested to speak. The First Public Hearing was closed at 6: 17 pm.

It was then moved by Councilmember Lerner and seconded by Councilmember McGlynn to Waive the First Reading of Ordinance 420. The motion passed 5-0 as follows: AYES: Hogue, Thompson, Lerner, McGlynn, and Pigg. NOES: None. ABSENT: None. ABSTENTIONS: None.

On June 28, 2018, it was moved by Councilmernber McGlynn and seconded by Councilmember Lerner to Waive the Second Reading of Ordinance 420. The motion passed 5-0 as follows: A YES: Hogue, Thompson, Lerner, McGlynn, and Pigg. NOES: None. ABSENT: None. ABSTENTIONS: None.

A Second Public Hearing was opened at 6:13 pm. No One requested to speak. The Second Public Hearing was closed at 6:14 pm.

It was then moved by Councilmember Lerner and seconded by Councilmember Thompson to Adopt Ordinance 420. The motion passed 5-0 by the following votes to wit:

AYES: Hogue, Thompson, Lerner, McGlynn, and Pigg. NOES: None. ABSENT: None. ABSTENTIONS: None.

This ordinance will become effective on July 28, 2018, which is thirty days after its final passage and adoption.

17.34.010

Chapter 17.34 I. Electrical transmission and distribution sub-
stations, utility distribution substations;

C-2 SERVICE COMMERCIAL DISTRICT J. Hardware stores, garden supply stores, furni- ture stores, feed stores (conducted within an en- Sections: closed building), electrical supply stores, nurseries,

17.34.040 Property development with incidental repair and service (any repair and standards. service to be conducted within an enclosed build-

The C-2 district is intended to provide for com- ties; mercial activities in which the service performed is N. Lodges, associations, clubhouses, dancehalls; of equal or greater importance than the product 0. Machinery sales; traded, or which, due to space requirements or the P. Miniature golf courses, golf driving ranges, distinctive nature of their operation, are not compati- skating rinks; ble with and are not usually located in the C-1 light Q. Pottery sales (located within an enclosed commercial district. (Ord. 342 (part), 1997) building); R. Secondhand stores (display of merchandise

The following uses shall be permitted in the C-2 S. Service stations (any repair and service to be district, plus such other uses as the commission, conducted within an enclosetl building), radiator following the procedure specified in Chapter 17.60 shops; of this title, may determine to be similar in nature T. Sign shops, sign painting; and consistent with the intent of the district as speci- U. Storage garages; fied in Section 17.34.010 of this title: V. Supermarkets; A. Ambulance service; W. Truck and trailer sales, (any repair and ser- B. Automobile sales; vice to be conducted within an enclosed building); C. Automotive: all of the following to be con- X. Veterinarian offices, veterinary hospitals; ducted within an enclosed building: body and fender Y. Water dispensers, water pump stations, puri- shops with no automobile dismantling, automobile fied water outlets. (Ord. 342 (part), 1997) repair and service; automobile body paint shops, new automobile parts and new supply stores, uphol- 17.34.030 Conditional uses. stery shops, detail services; The following uses shall be permitted in the C-2 D. Boat sales with incidental repair and service district subject to first securing a conditional use (any repair or service to be conducted within an permit as provided in Article I of Chapter 17.76 of enclosed building); this title plus such other uses as the commission, E. Building supply stores; following the procedure set forth in Chapter 17 .60 F. Cafes, drive-in restaurants, and restaurants; of this title, may determine to be similar in nature G. Car washes, mechanical and self service; and consistent with the intent of the district as speci- H. Convenience grocery stores, sporting goods fied in Section 17.34.010 of this chapter: stores;

242-39 (Dos PaJos 9~98)

17.34.030

A. Auction houses; () B. Animal hospitals; l 1 C. Communications buildings, structures, or tow- ers; D. Funeral parlors or mortuaries; E. Kennels; F. Lumberyards; G. Parking lots; H. Travel trailer parks, providing for the rent or lease of lots or spaces to owners or users of recre- ational vehicles for travel or recreational purposes; I. Truck service stations; J. Recreational vehicle and travel trailer storage facilities; K. Welding shops; L. Model home display. (Ord. 342 (part), 1997)

The following property development standards, together with the property development standards in the general conditions, Chapter 17 .64 of this title, shall apply to all land and structures in the C-2 district. (Ord. 342 (part), 1997)

In the C-2 district, the building height provisions of the C-1 district, Section 17 .32.050 of this title, shall apply. (Ord. 342 (part), 1997)

A site plan shall be submitted to the site plan re- view committee for approval in accordance with the provisions of Section 17.60.060 of this title before any building, structure or advertising structure is erected or any parking facilities are developed on any lot within the C-2 district. (Ord. 342 (part), 1997)

(Dos Palos 9-98) 242-40

17.35.010

Chapter 17.35 17.35.020 Permitted uses.
The following uses shall be permitted in the C-T
C-T COMMERCIAL TRANSITION district, plus such other uses as the commission,
DISTRICT following the procedure specified in Chapter 17 .60
of this title, may determine to be similar in nature

Sections: and consistent with the intent of the district as speci-

standards. B. Hotels and motels;

17.35.160 Loading spaces required. nication equipment buildings;

I. Car washes, mechanical and self-service;

The purpose of the C-T district is to provide. for K. Clubs and lodges; retail commercial, amusement and transient residen- L. Existing one family dwelling units. tial uses which are appropriate to thoroughfare loca- For the purpose of this section "existing one- tion and dependent upon thoroughfare travel and family dwelling units" shall mean those dwelling neighborhood services. (Ord. 342 (part), 1997) units in existence at the time of adoption of Ordi- nance 323. The provisions of Ordinance 323 shall

The commercial transition district will include of any existing one family dwelling unit damaged residential areas that are undergoing "transition" to by fire, explosion, act of God or the public enemy a commercial use. It is the expressed intent of this subsequent to the effective date of these provisions. city that property owners be provided with the abili- (Ord. 342 (part), 1997) ty to rebuild a residential unit destroyed by fire or other disaster, regardless as to the percentage of 17.35.030 Conditional uses. destruction, as a new residential unit in the C-T The following uses shall be permitted in the C-T district, if the residential unit's use was active at any district, subject to first securing a conditional use time within a six month period prior to the disaster. permit as provided in Article I of Chapter 17.76 of (Ord. 342 (part), 1997) this title, plus such other uses as the commission, following the procedure set forth in Chapter 17.60

242-41 (Dos Palos 9·98)

17.35.030

of this title may deternrine to be similar in nature 17.35.070 Population density. and consistent with the intent of the district as speci- There are no population density requirements in fied in Section 17.35.010 of this chapter: the C-T district. (Ord. 342 (part), 1997) A. Public or,quasipublic uses appropriate to the C-T district; 17 .35.080 Building height. B. Drive-in movie theaters, not adult only enter- In the C-T district, the building height provisions tainment; of the C-1 district, Section 17.32.050 of this title, C. Cemeteries, mortuaries, crematoria, shall apply. (Ord. 342 (part), 1997) columbaria; D. Animal hospitals, veterinary clinics, and ken- 17 .35.090 Yards. nels; In the c;T district, the yard provisions of the C-1 E. Social hall, lodge, fraternal organizations and district, Chapter 17.32 of this title, shall apply, (Ord. clubs; 342 (part), 1997) F. Heliports; G. Signs over one hundred square feet when 17.35.100 Space between buildings. adjacent to or across .the street from a Residential There are no requirements in the C-T district. district, but not exceed five hundred square feet of (Ord. 342 (part), 1997) total sign area per lot; • H. Other retail or wholesale, or heavy commer- 17.35.110 Lot coverage. cial uses listed as principal permitted uses in the C-1 There are no lot coverage reqti:irements in the C- or C-2 districts and not listed in the C-T district, ap- T district, except in regard to existing residential propriate in or necessary to serve a thoroughfare units, for which all R-1-6 provisions shall apply. commercial area, but no( includiTJg residential uses (Ord, 342 (part), 1997) or institutions for human care. (Ord. 342 (part), 1997) 17.35.120 Fences, hedges.and walls. In the C-T district:

The property development standards set forth in 17.32 of this title, shall apply. Sections 17.35.050 through 17.35.170 of this B. Outdoor storage cif equipment and supplies chapter, together with the property development , shall be enclosed by a solid, permanent wall not less standards in the general conditions, Chapter 17 ,64 than five feet nor more than six feet in height and of this title, shall apply to all land and structures in may exceed the height of the wall. (Ord. 342 (part), the C-T district, except multiple dwellings. (Ord. 1997) 342 (part), 1997)

There are no lot area requirements in the C-T dis- sions of the C-1 district, Chapter 17.32 of this title, trict. (Ord. 342 (part), 1997) shall apply, except in regard to residential parking, in which the provisions of the R-1-6 district shall

There are no lot dimension requirements in the C-T district. (Ord. 342 (part), 1997) 17.35.140 Access. In the C-T district, the access provisions of the C-1 district, Chapter 17.32 of this title, shall apply. (Ord. 342 (part), 1997)

(Dos Palos 9~98) 242-42

17.35.150

17.35.150 Outdoor advertising. In the C-T district, the provisions of the C-1 district shall apply, subject to first securing a condi- tional use permit as provided in Article I of Chapter 17.76 of this title. (Ord. 342 (part), 1997)

In the C-T district, the loading space provisions of the general conditions, Sections 17.64.080 and 17.64.090 of this title, shall apply. (Ord. 342 (part), 1997)

A site plan shall be submitted to the site plan re- view committee for approval in accordance with the provisions of Chapter 17.60 of this title before any building, structure or advertising structure is erected or any parking facilities are developed on any lot within the C-T district. (Ord. 342 (part), I 997)

242-43 (Dos Palos 9-98)

17.38.010

Chapter 17 .38 of the same general character as the above permitted
retail business or service uses;

C-N NEIGHBORHOOD COMMERCIAL E. Building supply stores; DISTRICT F. Car washes, mechanical and self-service; G. Shopping centers. (Ord. 342 (part), 1997)

standards. this title, plus such other uses as the commission,

and consistent with the intent of the district as speci-

The purpose of the C-N district is to provide a A. Public and quasipublic uses appropriate to the center for convenience shopping near a residential C-N district; neighborhood. This designation includes conve- B. Auto service station; nience and commercial activities which are located C. Social hall, lodges, fraternal organizations and in the vicinity of residential neighborhoods and are clubs, churches; oriented to serving them primarily. (Ord. 342 (part), D. Public utility uses, substations, and communi- 1997) cation equipment buildings; E. Theater, not adult entertainment;

The following uses shall be permitted in the C-N liquor, beer or other alcoholic beverages by the district, plus such other uses as the commission, glass, or for consumption on the premises, sidewalk following the procedure specified in Chapter 17 .60 cafe, fast-food restaurants; of this title, may determine to be similar in nature G. Parent-child cooperatives; and consistent with the intent of the district as speci- H. Convenience market with gasoline sales; fied in Section 17.38.010 of this chapter: I. Supermarket, super grocery store; A. Any local retail business or service establish- J. Day-care facilities for more than twelve chil- ment, such as but not limited to a grocery store, dren and for the elderly of twelve or fewer persons; bake shop, drug store, barber and beauty shop, *K. Liquor stores. clothes cleaning and laundry pickup station, business or professional office, financial institutions, supply- * Note: Existing uses as of the date of adoption of the ordinance codified in this chapter shall be deemed subject to the provisions ing commodities or performing services for residents of Chapter 17 .76, Article I of this title. Application for a condi- of the neighborhood; tional use permit must be accomplished within thirty days after the ' effective date of the ordinance codified in this chapter and written B. Restaurant, cafe, and soda fountain, not in- notification from the city of Dos Palos. cluding entertainment or dancing, or sale of liquor, beer and other alcoholic beverages by the glass, or (Ord. 342 (part), 1997) for consumption on the premises; C. Commercial parking lots for passenger vehi- 17.38.040 Property development standards. cles; The following property development standards, D. Any other retail business or service establish- together with the property development standards in ment which is determined by the commission to be the general conditions, Chapter 17 .64 of this title,

(Dos Palos 9-98) 242-44

17.38.040

shall apply to all land and structures in the C-N district. (Ord. 342 (part), 1997)

In the C-N district, the building height provisions of the C-1 district, Section 17.32.050 of this title, shall apply. (Ord. 342 (part), 1997)

A site plan shall be submitted to the site plan re- view committee for approval in accordance with the provisions of Section 17 .60.060 of this title before any building, structure or advertising structure is erected or any parking facilities are developed on any lot within the C-N district. (Ord. 342 (part), 1997)

242-45 (Dos Palos 9-98)

17.40.010

Chapter 17.40 E. Wholesaling and warehousing;
F. Public utility uses, distribution and transmis-
L-1 LIGHT INDUSTRIAL DISTRICT sion substations, and communication equipment
buildings;

Sections: G. Boat sales, with incidental repair and service

housing or residences. building); 17.40.040 Property development K. Garden supply stores, farm and heavy equip- • standards. merit sales repair (all repairs to be conducted within

M. House trailer sales and recreational vehicle

The purpose of the L-I district is to provide space and service to be conducted within an enclosed for the types of manufacturing, wholesale, and stor- building); age activities that will not be detrimental to activis N. Recreational vehicle and travel trailer storage ties in adjacent commercial or residential neighbor- facilities, storage garages; hoods by reason of, but not limited to, excessive 0. Sign painting; noise, smoke, odor, dust, vibrations, fumes, glare, P. Tire recapping; or gas. (Ord. 342 (part), 1997) Q. Truck and trailer sales with incidental repair and service (any repair and service to be conducted

The following uses shall be permitted in the L-I R. Upholstery, radiator shops, and welding district, plus· such ,other uses as the commission, shops; following the procedure specified in Chapter 17.60 S. Veterinarian offices; of this title, may determine to be similar in nature T. Water pump stations. (Ord. 342 (part), 1997) and consistent with the intent of the district as speci- fied in Section 17.40.010 of this chapter: 17.40.030 Conditional uses. A. Manufacturing, assembling, processing, clean- The following uses shall be permitted in the L-I ing, testing, or repair of products from previously district, subject to first securing a conditional use prepared materials, such as cloth, paper, plastic, permit as provided in Article I of Chapter 17.76 of leather, glass, metal, wood or chemical products; this title, plus such other uses as the commission, B. Planing mills, lumber yards, .contractor's following the procedure set forth in Chapter 17.60 yards, and storage areas for building supplies; of this title, may determine to be similar in nature C. Manufacture of pharmaceutical products and and consistent with the intent of the district as speci- food products, including soft drinks, but not includ- fied in Section 17.40.010 of this chapter: ing production of fish or meat products, sauerkraut, A. Chemical plants; vinegar or rendering or refining of fats or oils; B. Commercial trailer manufacturing plants; D. Manufacture of electric and electronic instru- C. Communication equipment, structures, or ments and devices such as television, radio, and towers; .i ' ~:¼,_afi) phonograph equipment; D. Cotton oil plants;

(Dos Palos 9-98) 242-46

17.40.030

E. Fiberboard manufacturing plants; F. Fiberglass insulation plants; G. Grape byproducts manufacturing plants; H. Theatres; I. Petroleum bulk plants. (Ord. 342 (part), 1997)

Vehicle dismantling, used vehicle parting, and/or the operation of a wrecking yard are not to be al- lowed as a pennitted or conditional use in this dis- trict. (Ord. 342 (part), 1997)

17.40,032 Prohibition of caretaker housing or residences, Except in the case of any existing pennits allow- ing caretaker's residences, housing, or residences in effect on the date of the adoption of the ordinance codified in this chapter, new caretaker's residences, housing, or residences are not to be allowed as a permitted or conditional use in this dist.tic!. (Ord. 342 (part), 1997)

The following property development standards, together with the property development standards in the general conditions, Chapter 17 .64 of this title, shall apply to all land and structures in the L-I district. (Ord. 342 (part), 1997)

17,40.050 Building height. In the L-I District, the building height provisions of the C-1 district, Section 17.32.050 of this title, shall apply. (Ord. 342 (part), 1997)

A site plan will be submitted to the site plan review committee for approval in accordance with the provisions of Section .17.60.060 of this title before any building, structure or advertising struc- ture is erected or any parking facilities are devel- oped on any lot within the L-I district. (Ord. 342 (part), 1997)

242-47 (Dos Palos 9-98)

17.42.010

Chapter 17.42 E. Car washes, mechanical and self-service;
F. City, county or state maintenance and equip-
H-1 HEAVY INDUSTRIAL DISTRICT ment yards;
G. Communications equipment buildings and

Sections: structures;

17.42.030, Conditional uses. conducted within an enclosed building); 17.42.040 Property development I. Farm and heavy equipment sales and repair standards. (all repairs to be conducted within an enclosed

with incidental repair and service (any repair and

The purpose of the H-1 district is to encourage ing); sound industrial development by providing and K. Radiator shops; protecting an environment exclusively for such L. Recreational vehicle and travel trailer storage development subject to regulations necessary to facilities; insure the protection of nearby residential and com- M. Storage garages; mercial uses ofland. This designation includes a full N. Tire recapping; range of manufacturing, processing, fabrication and 0. Truck and trailer sales with incidental repair storage activities generating heavy truck and equip- and service (any repair and service to be conducted ment traffic. (Ord. 342 (part), 1997) within an enclosed building); P. Warehousing; 17 .42.020 Permitted uses. Q. Water pump stations; The following uses shall be permitted in the H-1 R. Welding shops. (Ord. 342 (part), 1997) district, plus such other uses as the commission, following the procedure set forth in Chapter 17 .60 17.42.030 Conditional uses. of this title, may determine to be similar in nature The fol!owing uses shall be permitted in the H-1 and consistent with the intent of the district as speci- district, subject to first securing a conditional use fied in Section 17.42.010 of this chapter: permit as provided in Article I of Chapter 17. 7 6 of A. Any assembling, manufacturing, processing, this title, plus such other uses as the commission, research, storage, or wholesale, provided it is not fol!owing the procedure set forth in Chapter 17 .60 prohibited by law or ordinance, except that those of this title, may determine to be similar in nature uses listed in Section I 7 .42.030 of this chapter must and consistent with the intent of the district as speci- comply with required conditions; fied in Section 17.42.010 of this chapter: B. Railroad yards, truck depot and service sta- A. Structural steel fabricating shops, forges, and tions; foundries; C. Public utility uses, distribution and transmis- B. Brewing or distilling of liquors, or perfume sion substations, but not communication equipment, manufacturing; buildings, structures, or towers; C. Communications equipment, buildings, struc- D. Signs appurtenant to any permitted use on the tures, or towers; property, or billboards, not to exceed four hundred D. Poultry slaughterhouse and meatpacking, but square feet of total sign area per lot, except as pro- not other stockyards or slaughterhouses; vided under conditional use;

242-48

17.42.030

E. Brick; or pottery manufacturing, stone or monument works; F. Salvage and wrecking operations; G. Public and quasipublic uses appropriate in the H-I district; H. Chemical plants; I. Cotton oil plants; J. Fiberglass insulation plants; K. Grape byproducts manufacturing plants, win- eries; L. Petroleum bulk plants. (Ord. 342 (part), 1997)

The following property development standards, together with the property development standards in the general conditions, Chapter 17 .64 of this title, shall apply to all land and structures in the H-I district. (Ord. 342 (part), 1997)

In the H-I district, the building height provisions of the C-1 district, Section 17.32.050 of this title, shall apply. (Ord. 342 (part), 1997)

17._42.060 Site plan review. A site plan will be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.60.060 of this title before any building, structure or advertising struc- ture is erected or any parking facilities are devel- oped on any lot within the H-I district. (Ord. 342 (part), 1997)

242-49 (Dos Palos 9-98)

17.44.010

Chapter 17.44 with not more than two adult animals of a bovine
or equine kind or combination thereof and their
U-R URBAN RESERVE DISTRICT immature offspring per each thirty-six thousand
square feet. The keeping of all domestic animals
provided for herein shall conform to otherSections:

occupant of the premises, but not for resale or distri-

The U-R district is intended to be utilized to E. The sale of agricultural products produced reserve in a substantially undeveloped state areas upon the subject property; planned for future urban uses where, because the F. Home occupations, subject to conforming areas lack public facilities or services, or because with the defmitions and criteria specified in Section the need for urban expansion within them is not 17.08.1140 of this title; immediate, it is necessary to prevent the develop- G. Signs, subject to Section 17.64.070 of this ment of uses or structures which might be premature title; or conflict with the future planned urban use of the H. The keeping of household pets, subject to the area. (Ord. 342 (part), 1997) provisions of Section 17.08.1180 of this title; I. Accessory buildings and structures including,

The following uses shall be permitted in the U-R other structures for the housing of animals and feed, district, plus such other uses as the commission, equipment and tools customarily maintained • in following the procedure set forth in Chapter 17.60 connection with the uses permitted in this district. of this title, may determine to be similar in nature (Ord. 342 (part), 1997) and consistent with the intent of the district as speci- fied in Section 17.44.010 of this chapter: 17 .44.030 Conditional uses. A. Agricultural crops, greenhouse, fruit trees, nut The following uses shall be permitted in the U-R trees, vines, nurseries for producing trees, vines and district, subject to first securing a conditional use other horticultural stock; permit as provided in Article I of Chapter 17.76 of B. Bovine animals and horses where the lot area this title, plus such other uses as the commission, is thirty-six thou'sand square feet or more, and pro- following the procedure set forth in Chapter 17 .60 vided that the number thereof shall not exceed a of this title, may determine to be similar in nature number per each thirty-six thousand square feet and consistent with the intent of the district as speci- equal to four adult animals in any combination of fied in Section 17.44.010 of this chapter: the foregoing animals and their immature offspring, u(Dos Palos 9-98) 242-50

17.44.030

A. Apiaries; 17.44.080 Building height. B. Communications equipment buildings and In the U-R district, the building height provisions structures; of the C-1 district, Section 17.32.050 of this title, C. Electrical transmission and distribution sub- shall apply. (Ord. 342 (part), 1997) stations; D. One-family dwelling units, not more than one 17 .44.090 Space between buildings. dwelling per lot, provided that the site for the dwell- There are no requirements for space between ing is in an area designated by the general plan for buildings in the U-R district. (Ord. 342 (part), 1997) future residential use. The provisions of the R-1-10 district, Sections 17.16.040 through 17.16.130 of 17.44.100 Lot coverage. this title, shall constitute the property development There are no lot coverage requirements in the U- standards for one-family dwelling units in the U-R R district. (Ord. 342 (part), 1997) district; E. Water pump stations. (Ord. 342 {part), 1997) 17.44.110 Site plan review. A site plan shall be submitted to the site plan

The following property development standards, the provisions of Section 17.60.060 of this title together with the property development standards in before any building, structure or advertising struc- the general conditions, Chapter 17 .64 of this title, ture is erected or any parking facilities are devel- shall apply to all land and structures in the U-R oped on any lot within the U-R district. (Ord. 342 district, except one-family dwellings. The property (part), 1997) development standards of the R-1-6 district shall apply to one-family dwellings developed in the U-R district. (Ord. 342 (part), 1997)

In the U-R district, each lot shall have a mini- mum area of five acres, measured from the center of any abutting roadway, stream, railroad or public right-of-way forming a boundary line. Where a lot or parcel of land was of record under separate own- ership at the time of the effective date of the ordi- nance codified in this title, such lot may be used for or occupied by any use permitted in this district irrespective of the lot area. (Ord. 342 (part), 1997)

There are no lot dimension requirements in the U-R district. (Ord. 342 (part), 1997)

Not more than one dwelling unit shall be permit- ted per lot in the U-R district. (Ord. 342 (part), 1997)

242-51 (Dos Palos 9-98)

17.48.010

Chapter 17.48 district, subject to first securing a conditional use
permit as provided in Article I of Chapter 17.76 of
P PUBLIC FACILITIES DISTRICT this title, plus such other uses as the commission,
following the procedure set forth in Chapter 17 .60
of this title, may detennine to be similar in natureSections:

17.48,030 Conditional uses, A. Public utility buildings and substations;

standards. C. Communications buildings, equipment, struc-

public schools. 17.48.040 Property development standards. Minimum requirements for lot area, lot width, 17,48.010 Purpose, height limits, yards and lot coverages shall be those The P district is intended to .provide for any regulations of the most restrictive abutting district. facilities accommodating educational, governmental, Exceptions shall be eligible for consideration under organizational, public, public utility, and recreational Chapter 17.64 of this title. (Ord. 342 (part), 1997) facilities. (Ord. 342 (part), 1997) 17.48,050 Site plan review.

The following uses shall be permitted in the P review committee for approval in accordance with district, plus such other uses as the commission, the provisions of Section 17 .60.060 of this titlefollowing the procedure set forth in Chapter 17 .60 before any building, structure or advertising struc• () of this_ title may determine to be similar in nature ture is erected or any parking facilities are devel- and consistent with the intent of the district as speci- oped on any lot within the P district. (Ord. 342 fied in Section 17 .48.010 of this chapter: (part), 1997) A. Halls, lodges, or chapels; B. Parks and playgrounds, compatible with the 17.48.060 Site plan and design review for general plan; public schools. C. Public buildings and land; A. All public uses, hospitals, public schools, D. Public or private colleges or nniversities; public school districts, and/or the state of California, E. Schools or public swimming pools; whether acting under the State Contract Act or not, F. Waste transfer stations or wastewater treat- must comply with the zoning ordinance of the city. ment plants; B. All designs, locations and/or sites for public G. Water treatment plants; uses, hospitals, public schools, public school dis• H. Any facility owned, leased or operated by the tricts and/or the state of California, whether acting city, the county of Merced, the state of California, under the State Contract Act or not, are subject to the federal government of the United States of the approval of a site plan and design review by the America, or any of their agencies or districts. (Ord. city. 342 (part), 1997) C. All public uses, hospitals, public schools, public school districts, and/or the state of California,

The following uses shall be permitted in the P are subject to the provisions of the city's master plan or general plan: (Ord. 342 (part), 1997)

(Dos Palos 9-98) 242-52

17.52.010

Chapter 17.52 D. Recreation areas, parks, playgrounds, wildlife
preserves, and buildings and structures related there-

0 OPEN-SPACE/RECREATION DISTRICT to; E. Signs, subject to the provisions of Chapter Sections: 17 .64 of this title;

findings. 17.54.020 Establishment-Application.

by planning commission. and the development plan. The city council, upon

Revocation or amendment- approve, disapprove, modify, or attach conditions to Extension. a development plan. (Ord. 342 (part), 1997)

17.54.160 Compliance with chapter-,- 17.54.030 Establishment-Required Application restricted. f"mdings. The planning commission, after a public hearing,

This zone is intended to permit and enjoin logical and the city council, after a public hearing, may by or desirable development and carry out the objec- ordinance establish a PUD zone; provided they fmd tives of the general plan by: that the facts submitted with the application and A. Permitting the initial development or enlarge- presented at the public hearings establish: ment of commercial districts in close proximity to A. That each individual unit of the development residential areas while protecting the character and if built in stages, as well as the total development, quality of adjacent residential uses; can exist as an independent unit capable of creating B. Permitting clusters of multiple-family devel- a good environment in the locality and being in any opments in appropriate locations within single-fami- stage as desirable and stable as the total develop- ly zones with suitable controls imposed; ment; C. Providing for the location, under suitable B. That the uses proposed will not be a detri- safeguards, of desirable types of research and manu- ment to the present and proposed surrounding land facturing uses adjacent to and within commercial or uses, but will enhance the desirability of the area residential areas; and have a beneficial effect; C. That any deviation from the standard ordi- nance requirements is warranted by the design and

242-55 (Dos Palos 9~98)

17.54.030

additional amenities incorporated in the development 17.54.070 Required components. plan which offer certain nnusual redeeming features The development plan shall include all of the to compensate for any deviations that may be per- following: mitted; and A. A plot plan map which shows: D. That the principles incorporated in the pro- 1. Existing and proposed public street and side- posed development plan indicate certain unique or walk improvements, unusual features which .could not otherwise be 2. Lot design, achieved under the other zoning districts. (Ord. 342 3. Areas proposed to be dedicated or reserved (part), 1997) for any public use, including but not limited to public utility easements, public buildings, and public

In a PUD zone any and all uses are permitted, 4. Parking and interior traffic flow, provided such use or uses are shown on the devel- 5. Land uses within three hundred feet of the opment plan for· the particular PUD zone as ap- external boundary of the PUD zone; proved by the city council. (Ord. 342 (part), 1997) B. Site details, including: 1. Preliminary building plans, including general- 17 .54.050 Conditional uses. ized elevations, A. A conditional use permit shall be required for 2. Maximum building heights, any and all uses in a PUD zone with the exception 3. Maximum lot or area coverages, of a single-family residence on an approved building 4. Minimum distance between structures, site and buildings accessory thereto which meet all 5. Minimum setbacks from interior lot lines, requirements of a single-family R-1 zone. 6. Minimum setbacks from street rights-of-way, B. A conditional use permit may be issued by 7. Landscaping, screening, and lighting, the planning commission without a public hearing, 8. Projected population densities within the if the structure or structures comply with the devel- planned unit development zone; opment plan and conditions thereof. (Ord. 342 C Signing limitations, including generalized (part), 1997) locations, maximum sizes, maximum height, and lighting arrangements. For neighborhood shopping 17 .54.060 General requirements. centers (i.e., shopping center in which the major A. A planned unit development shall be designed tenant is a supermarket) sign regulations shall not and located so as to minimize traffic congestion on be less restrictive than those established for the C-N pqblic highways and streets in its vicinity and to neighborhood commercial district; best fit the land use pattern of the area in which it D. Zoning classification to be located within the is located. development;· . B. Setbacks, building heights, distances between E. Development schedule as described in Sec- buildings, Jot coverage, building densities, parking tions 17.54.130 through 17.54.160 of this chapter; requirements, and landscaping requirements shall be F. Any other reasonably related information established by the planning commission for each necessary for the planning commission to act. planned development in a manner which assures the The planning department shall accept only such suitable integration of the planned development into plans as contain the information specified or reason- the neighborhood or area in which it is located. ably determined necessary. (Ord. 342 (part), 1997) (Ord. 342 (part), 1997)

A public hearing by the planning commission and

242-56

17.54.080

city council shall be required prior to approval of 3. There shall be a minimum of one off-street revisions to the plan which involve changes in land parking space per bedroom hired out and two off- use, expansion or intensification of development or street parking spaces for the owner-resident; and changes in the standards of development. The plan- 4. Any new buildings constructed on the premis- ning director shall determine, on a case-by-case es shall be architecturally consistent with the historic basis, those instances when a revision to the devel- residence. (Ord. 342 (part), 1997) opment plan is necessary. Applications shall be submitted to the planning department on a form pre- 17 .54.120 Development schedule. scribed for the purpose by the planning director. An application for a PUD zone shall be accom- (Ord. 342 (part), 1997) panied by a development schedule indicating the approximate date when construction of the first 17 .54.090 Public improvements. project shall begin, which date shall be no later than Improvements to full city standards of all public one year from the effective date of the rezoning of rights-of-way abutting and within the development the property. The development schedule will include shall be required. In addition, if determined neces- tentative completion dates for the various projects. sary for proper traffic circulation, the applicant may The development schedule, if approved by the city be required to provide proper methods of ingress council, shall become a part of the development and egress to the development, including accelera- plan. On each anniversary of the approval of the tion and deceleration lanes, and traffic devices in- application an updated development schedule shall cluding channelization and signalization. (Ord. 342 be submitted to the planning department. (Ord. 342 (part), 1997) (part), 1997)

Fees for the establishment or revision of a PUD by planning commission. zone, or for the consideration or revision of a devel- Periodically, the planning commission shall com- opment plan, shall be charged for the purposes and pare the actual development in the various PUD in the amounts provided in Chapter 17 .84 of this zones with the approved development schedules. title. (Ord. 342 (part), 1997) (Ord. 342 (part), 1997)

Each planned development shall have a minimum Revocation or amendment- area of five acres, except that a development plan Extension. otherwise consistent with the intent of this title may If, in the opinion of the planning commission, the be approved for: owner or owners are failing or have failed to meet A. Development of a minimum of two and one- the approved schedule, the commission may initiate half acres to be designated residential planned devel- proceedings to reclassify the property and revoke the opment (RPUD) on the official zoning map, contain- approval of the development plan or to amend the ing no industrial or commercial uses except that one development plan. Upon the recommendation of the or more residential buildings may be used for limit- planning commission and for good cause shown by ed overnight accommodations where breakfast may the property owner, the council may extend the be served to overnight guests if the following condi- limits imposed by the development schedule. (Ord. tions are met: 342 (part), 1997) 1. The owner shall reside on the premises; 2. The primary residence shall be listed on 17.54.150 Identification. either the national, state or local historic register; Each PUD zone shall be numbered, the first

242-57 (Dos Pa1os 9-98)

17.54.150

adopted being shown on the zoning map as "PUD (1)" and each zone subsequently adopted being numbered consecutively. (Ord. 342 (part), 1997)

Application restricted. Compliance with any requirement shall not be construed to relieve the applicant from compliance with subdivision regulations, building code require- ments, or any other applicable regulations of the city. (Ord. 342 (part), 1997)

242-58

17.56.010

Chapter 17.56 this title does not conform with the use regulations
of the district in which it is located. (Ord. 342
NONCONFORMING BUILDINGS, (part), 1997)
STRUCTURES AND USES

Sections: structure described.

structure described. the ordinance codified in this title, but which under

structure--Maintenance or regulations for the district in which the structure is repair permitted when. located. (Ord. 342 (part), 1997)

structure--Enlargement or 17.56.025 Lot area. structural alteration A. Two or more abutting lots may be combined restrictions. and used as though a single lot, in which case such

Reconstruction following lot for all purposes of this title, so long as there damage--Conditions and shall exist on any part thereof any structure or im- removal. provement which depends for compliance with the

conforming buildings. B. No required yard or other open space around

nonconforming buildings. around any building for the purpose of complying

structures. building; nor may be considered as providing a

spaces. ered as providing a yard or open space on a lot

for certain uses-- scribed for the zoning district in which it is located, Nonconforming uses. and said lot was of record under one ownership at

applicable in all districts unless became nonconfonning, said lot may be used for otherwise stated. any use that is pemtltted or permitted subject to a

districts. which the lot is located subject to conforming to all other property development standards of said dis-

A nonconfonning use is one which was lawfully D. 1. After the effective date of any ordinance established and maintained prior to the adoption of by which any area is first zoned for any district, no the ordinance codified in this title, but which under land in such district may be divided by the recorda-

242-59 (Dos Palos 9-98)

17.56.025

tion of any map or by voluntary sale, contract of to a building or structure except as pennitted in this sale, or conveyance of any kind which creates a new section and Sections 17.56.040 through 17 .56.050 parcel of land under separate ownership which con- of this chapter. (Ord. 342 (part), 1997) sists of less than the minimum lot area required for the district of which such lot is part; provided, how- 17.56.040 Nonconforming building or ever, that a tolerance of ten percent may be allowed strnctnre--Enlargement or as to this requirement when the parcel so created is structural alteration restrictions. irregular in shape, subject to approval of the reduc- No nonconforming building or structure shall be tion pursuant to the procedure set forth in Chapter structurally altered or enlarged except as follows: 17. 7 6 of this title. A. Where the alterations or enlargements thereto 2. Any person participating in such division in and the use thereof are all made to conform to the violation of this title, whether as seller, granter, regulations of the district in which the building or purchaser or grantee, shall as principal. in the trans- structure is located; action be guilty of a misdemeanor. Any deed of B. Any building or structure which is noncon- conveyance, sale or contract to sell made contrary forming solely by reason of yard or height require- to the provision of this chapter is voidable at the ments may be structurally altered or enlarged, pro- sole option of the grantee, buyer or person contract- vided that all alterations or additions shall comply ing to purchase, his heirs,-personal representative or with the yard or height requirements of the district trustee in solvency or bankruptcy, within one year in which the building or structure is located, and after the date of execution of the deed of convey- further provided that the entire building or structure ance, sale or contract to sell, but the deed of con- so altered or enlarged complies with all the require- veyance, sale or contract to sell is binding upon any ments of this title other than yard or height. (Ord. assignee or transferee of the grantee, buyer or per- 342 (part), 1997) son contracting to purchase other than those above enumerated, and upon the granter, vendor or person 17,56.050 Nonconforming building- contracting to sell or his assignee, heir or devisee. Reconstructiori following (Ord. 342 (part), 1997) damage--Conditions and • removal.

Where a lot has minimum width or depth less reconstruction, repair or rebuilding of any noncon- than that prescribed by this title, and said lot was of fonning building damaged by fire, explosion, act of record under one ownership at the time that the area God or the public enemy subsequent to the effective was first zoned whereby the lot became noncon- date of these provisions, provided that the cost of forming, said lot may be used subject to all other such reconstruction, repairing or rebuilding shall not property development standards of the district in exceed fifty percent of the reasonable replacement which such lot is located. (Ord. 342 (part), 1997) value of the building immediately prior to the dam- age as determined by a qualified appraiser. If a 17 .56.035 Nonconforming building or nonconforming building is removed from land, structure-Maintenance or repair every future building and use on the land shall be permitted when. in confonnity with this title. (Ord. 342 (part), I 997) A nonconfonning building or structure may be maintained and repaired to comply with the Uniform Building Code as adopted by the city, and to com- ply with other applicable ordinances or statutes, provided that no structural alterations shall be made

(Dos Pa1os 9-98) 242-60

17.56.060

17.56.060 Nonconforming uses of 17.56.080 Nonconforming use of land. conforming buildings. A. The nonconforming use of land shall not be The nonconforming use of a confonning building expanded or extended into any other portion of such shall not be expanded or extended into any other land or adjoining land. portion of such confonning building or structure nor B. A nonconfonning use of land which is acces- changed, except to a conforming use. If such a sory or incidental to the nonconforming use of a nonconfonning use or portion thereof is discontin- nonconforming building shall be discontinued on the ued or changed to a conforming use, any future use same date the nonconforming use of the building is of such building, structure or portion thereof shall discontinued. be in confonnity with the regulations of the district C. The nonconforming use of land may be con- in which said building or structure is located. (Ord. tinued but shall be subject to the following limita- 342 (part), 1997) tions. 1. Such use shall not be changed except to a use

nonconforming buildings. which such land is located. A. The nonconforming use of a nonconforming 2. If such use is discontinued it shall not there- building shall not be expanded or extended into any after be reestablished. (Ord. 342 (part), I 997) other portion of such nonconforming building or structure nor changed, except to a conforming use. 17.56.090 Signs and advertising structures. If such a conforming use or portion thereof is dis- A. Signs, billboards or commercial advertising continued or changed to a confonning use, any structures which do not conform to this title but future use of such building, structure or portion which lawfully existed on the effective date of the thereof shall be in conformity with the regulations ordinance codified in this title may be maintained, of the district in which said building or structure is provided that they are kept in good repair. A non- loc_ated. conforming sign, billboard or commercial advertis- B. A nonconforming use of a nonconforming ing structure may not be altered or enlarged unless building may be changed to another use that is • the alterations or enlargements and the use thereof pennitted in the most restrictive zone classification are all made to conform to the regulations of the in which the nonconforming use was pennitted. The district in which the sign, billboard or commercial sequence ofzone districts, the first being the most advertising structure is located. All nonconfonning restrictive and the last being the least restrictive, signs not in use must be removed within six months shall be as follows: 0, U-R, R-1-10, R-1-6, R-2, R- of inactivity. 3, R-4, C-1, C-2, C-T, C-N, L-I and H-I. B. The provisions of this title shall not prevent C. Any portion of a nonconforming building or the reconstruction, repair or rebuilding of any non- use which is altered or changed to a conforming use conforming sign or advertising structure damaged by shall not thereafter be used for a nonconforming fire, explosion, act of God, or the public enemy use. subsequent to the effective date of these provisions, D. Any nonconforming building which is vacant provided that the cost of such reconstruction, repair- for a continuous period of more than one year shall ing or rebuilding shall not exceed fifty percent of not thereafter be occupied except by a use which the reasonable replacement value of the building conforms with the regulations of the district in immediately prior to the damage as determined by which such nonconforming building is located. (Ord. a qualified appraiser. If a nonconforming sign or 342 (part), 1997) advertising structure is removed from land, every future sign or advertising structure and use on the

242-61 (Dos Palos 9-98)

17.56.090

land shall be in conformity with this title. (Ord. 342 conditions under which the use was originally estab- (part), 1997) lished. (Ord. 342 (part), 1997)

spaces. in all districts unless otherwise Where off-street parking or loading facilities do stated. not conform to the provisions of this title, or where A. For purposes of this section, "vehicle" means no such facilities have been provided for buildings any all-terrain vehicle, automobile, boat, cab, car, constructed prior to the effective date of the ordi- chassis, diner car, mobile carnival booth, motorcy- nance codified in this title, such buildings may not cle, motorscooter, pickup,· two or more wheeled be altered or enlarged unless off-street parking and trailer, truck, van, or utility vehicle, or portion there- loading facilities are provided for the existing build- of, with or without a license, registration, or smog ings, and for the alterations or enlargements, as certificate. required in the district in which the site is located. B. No vehicle, regardless of operating condition, (Ord. 342 (part), 1997) may be parked on a front lawn or a front yard off pavement or unpaved driveway for more ihan twen-

Those nonconforming uses, buildings and struc- C. Vehicle dismantling, used parting and/or tures which are existing or authorized under a vari- wrecking yards are not permitted uses or conditional ance, special permit or conditional use permit grant- uses in any district. ed under this title or any previous ordinance shall D. No more than one incapacitated or incomplete be permitted to continue under the conditions and vehicle may be kept on any lot or parcel, front or regulations imposed in said permit or variance. (Ord. back yard, in any district in the city for more than 342 (part), 1997) twenty-four hours. E. All incapacitated or incomplete vehicles must

certain uses-Nonconforming walled or fenced enclosure. No incapacitated or uses. incomplete vehicle may be visible through a walled A. Buildings, structures and land shall be used, or fenced enclosure. designed, erected, structurally altered or enlarged F. No incapacitated or incomplete vehicle may only for the purposes listed as permitted or permit- be kept or be visible in a front or side residential ted subject to first securing a conditional use permit yard or driveway. in the district in which such building or land is G. No incapacitated or incomplete vehicle may located, and then only after applying for and secur- be kept in any rear yard abutting another lot which ing all permits and licenses required by law and this is located on a corner of an alley and a street. code. H. No incapacitated or incomplete vehicle may B. Ariy use already established within an area be kept in any rear yard abutting another lot which when it was first zoned, but which is not a permit- is located on a street comer, facing a different street. ted use within such district or is a permitted use I. All noncomplying, incapacitated, or incom- only with a conditional use permit and said use plete vehicles must be removed by the property permit has not been granted, shall be allowed to owner within fourteen days after an abatement no- continue as a nonconforming use subject to all con- tice has been sent to the property owner of record. ditions and restrictions related to nonconforming If, after the fourteen days have expired and the uses as provided in this chapter, and subject to the property owner has failed to remove all noncom- plying, incapacitated, or incomplete vehicles, the

(Dos Palos 9-98) 242-62

Dos Palos Municipal Code

districts, unless otherwise stated: B. No vehicle, regardless of operating condition, may be parked on a front lawn, front yard, side lawn, or side yard, that is off pavement or off an unpaved driveway, except a vehicle currently being used in construction, repair, or decoration. (Ord. 373, 2006)

ORDINANCE 364 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING THE DOS PALOS MUNICIPAL CODE BY ADDING CHAPTER 17,60.090

The City Council of the City of Dos Palos hereby ordains that the following be added and adopted into the Municipal Code:

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.

C. 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 Ternpore 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 Councilmernber Bunthoff and seconded by Mayor pro Tern 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 Councilrnernber 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 ATTEST

J~yWs lake, Mayor Alice Thompson, Cty Clerk

Business Type Inventory (per Ordinance 364 1 DPMC effective March 18, 2004) I

Two thrift stores allowed, eight active:

1. The Second Hand Store (Shaffer)
2 . Center Avenue Plaza (Arrow)
-------------------------------------------
3. 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
...:l-.-- ..Chayo Videg (aGld at nriel's)_

------------------------------------------- 2.

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 operi 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.

3. 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.

6. Family Fashion (Wong Bldg/Oriental Express location)

now out of business.

7. 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.

3. 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.

3. 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 non- complying, 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)

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 dis- tricts. (Ord. 342 (part), 1997)

242-63

17.60.010

Chapter 17 .60 permitted subje_ct to a conditional use pennit in an
open space, urban reserve, residential, commercial
SPECIAL PROVISIONS or industrial district of this title when said use is not
specifically listed as permitted or permitted subject

Sections: to a conditional use permit in a district that is Jess

and interpretation. 2. The procedure set out in· this chapter shall

the property development standards of this title;

b. If uncertainty exists with reference to. the

A. Manufactured housing structures shall comply c. If ambiguity or uncertainty arises as to the with all regulations of the zoning district in which meaning of any work or provisions contained in this they are located. title. B. Development Standards. The following devel- B. Initiation of Request-Methods. A request to opment standards, together with the property devel- classify a use or for a clarification or interpretation opment standards in the general conditions, Chapter of this title may be initiated in any of the following 17.64 of this title, shall be applicable to all manu- manners: factured housing units: 1. By the verified application of any interested

1. Must have a minimum width of twenty feet; person or persons;
2. _Must have a roofing material composed of 2. By resolution of intention adopted by the wood shake or shingle composition or fiberglass commission; shingle, concrete or clay tile, as allowed by the 3. By resolution of intention of the city council Uniform Building Code; (shall be referred to the commission for action).
3. Must have a minimum of twelve inch eave C. Application for Clarification or Interpreta- overhang on all four sides; tion-Planning Commission Consideration and
4. Must have exterior siding consisting of a Decision. conventional dwelling type exterior material as 1. The commission, by written resolution, may allowed by the Uniform Building Code. The exterior approve, modify, or disapprove an application. The siding shall extend to within six inches of the resolution shall describe the basis for the ·decision ground, except that when a solid concrete or ma- including, in the case of applications to classify a sonry perimeter foundation is used, the exterior use, whether or not the findings set forth in Section covering material need not extend below the top of 17.76.040 of this title have been made. the foundation. (Ord. 342 (part), 1997) 2. The commission shall have forty days after receipt of a completed application to render its deci-

Failure of the commission

and interpretation. to adopt a resolution within the aforementioned A. Purpose of Procedures-Utilization Autho- forty-day period shall be deemed to constitute a rized When. denial of the application. I. The procedure set out in this chapter shall be utilized to add or classify a use as pennitted or

(Dos Palos 9-98) 242-64

17.60.020

.--..._ 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: 0, 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. tie, or unless: the dcision was to approve with 1. In case the applicant is not satisfied with the modifications .or disapprove an action initiated by action of the commission he may. withm 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 fmal action in accordance with the procedure speci- of the forty-day period mentioned in subsection fied in Section 17.60.05~ 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 mail~ 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 pennit 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 men- commission 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 clet.k: 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 discre- subject to a conditional use permit, the commission tion by the commi~sion, or whereby its decision is shall first- make a fmding that all of the following not supported by the evidence ~ 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 "tor consider- intent 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 pennitted 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 s!8,ndards 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 inay affirm, reverse or modify a public heatlth, 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 per- and 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 ) 242-65 (Dos Palos 9-98)

17.60.020

application as prescribed in Section 17.76.040 of 2. Temporary Certificates. If the building in- _,t<J:·~1 spector finds that no substantial hazard will resultthis title. ~ 6. The council shall render its decision by reso- in the occupancy of any building or portion thereof ' lution within forty days of filing of an appeal. Fail- before the same is completed, he may issue a tem- ure of the council to adopt a resolution within the porary certificate of occupancy for the use of a aforementioned forty-day period shall be deemed to portion or portions of a building or structure prior constitute a denial of the appeal. to the completion of the entire building or structure. 7. The council shall cause a copy of its resolu- The temporary certificate of occupancy shall indi- tion to be mailed to the application within ten days cate the items to be completed and shall designate from the adoption thereof. a specific deadline for completion. 8. A decision of the council shall be final, and C. For Use of Land-Exceptions. A certificate shall have immediate effect. (Ord. 342 (part), 1997) of occupancy shall be issued before any vacant land is hereafter used, or before an existing use of land 17 .60.030 Certificates of occupancy. is changed, provided such use is in conformity with A. Applicability of Chapter Provisions. The con- the provisions of this title' and any required condi- ditions set out in this chapter shall apply to all tions. However, no certificate of occupancy shall be buildings and uses in the following zoning districts: required where the land is to be used for tilling the 1. R-2-Medium high density residential dis- soil and growing thereon farm, garden or orchard trict; products. 2. R-3-High density residential district; D. Contents of Certificate. The certificates of 3. R-4-High density residential district; occupancy shall state that the building or proposed 4. C-1-Central business/community commer- use of a building or land has complied with all laws and ordinances, including the provisions of this title,cial district; 5. C-N-Neighborhood Commercial district; and with an approved site plan and any conditions 6. C-2-Service commercial district; required by the commission o{ council relative to 7. C-T-Commercial transition district; the proposed building or use. After final inspection, 8. L-I-Light industrial district; when it is found that the building or structure com- 9. H-I-Heavy industrial district; plies with the provisions of this code and other laws B. For Use of Buildings-Building Inspector which are enforced by the code enforcement agency, the building inspector shall issue a certificate ofAuthority. 1. No building hereafter erected, moved, en- occupancy which shall contain the following: larged or altered shall be occupied, used or changed 1. The building permit number; in use until after. a certificate of occupancy shall 2. The address of the building; have been issued by the building inspector. Such . 3. The name and address of the owner; certificate shall be applied for coincidence with the 4. A description of that portion of the building application for a building permit, business license, for which a certificate is issued. conditional use permit, site plan review, change of E. Recordkeeping Requirements. A record of all occupancy use as defined by the Uniform Building certificates 9f occupancy shall be kept by the build- Code, or change of ownership, and shall be issued ing inspector, and copies shall be furnished to any only after such building, enlargements or alterations person having a proprietary or tenancy interest in have been completed in conformity with the provi- the subject building, use, or land, and displayed at sions of this title .and with an approved site plan and the affected building. any required conditions, and when the proposed use F. • Owner Defined. For the purpose of this Chap- confonns to this title and any required conditions. ter an owner is defined as the person or persons having legal ownership of the building, structure, u(Dos Palos 9-98) 242-66

17.60.030

land, or person or persons leasing or renting the shall set the vacant building permit fee amount by building, structure, or land. (Ord. 342 (part), 1997) resolution. The city may place a lien on said prop- erty for failure to pay a vacant building permit fee.

A. Applicability. A buffer zone shall be required when land is developed in any zone adjacent to any 17.60.060 Site plan review. parcel zoned R-1-10, low density single-family A. Purpose of Review. The purposes of site plan residential district. A buffer zone shall also be re- review are to enable the site plan review committee quired when any parcel of land is developed adja- to make a finding that a proposed development is in cent to land with special covenants, restrictions, or confonnity with the intent and provisions of this regulations not part of this title. title and of the general plan, and to establish condi- B. Any land developed subject to the conditions tions to be imposed as needed to assure said confor- of this chapter shall first be subject to a conditional mity, and to guide the building inspector in the use permit as provided in Article I of Chapter 17. 76 issuance of building permits. of this title prior to development of that land to B. Application-Information Required. The assure compatibility with development on adjacent applicant shall submit ten prints of the site plan to parcels. (Ord. 342 (part), 1997) the secretary of the planning commission. The site plan shall be drawn to scale and shall indicate clear-

A. No unoccupied building or structure in any tion: commercial or industrial zone may be maintained in 1. The lot dimensions; a manner in which any of the following conditions 2. All buildings and structures, and their loca- are found to exist, except as may be allowed in this tion, elevation, size, height and proposed use; code: 3. The yards and spaces between buildings; 1. Wmdows or entryways have been opened and 4. Walls and fences, and their location, height left open; and materials; 2. Abandonment for more than one year; 5. Off-street parking, including the location, 3. Lack of use for more than six months; number of spaces, dimensions of the parking area 4. A state of partial unprogressing construction and internal circulation pattern; for more than three months; 6. Access (pedestrian, vehicular and service), 5. Substantial peeling or wearing off of exterior points of ingress and egress, and internal circulation; surface; 7. Signs and their location, size and height; 6. Any other condition which, in the judgment 8. Loading, including the location, dimensions, of the building inspector, creates a blighting influ- number of spaces and internal circulation; ence on properties in the area. Such conditions may 9. Lighting, including the location, general include dilapidation; weeds and litter; disrepair; nature and hooding devices, if any; structural defects; unsightly appearances that consti- 10. Street dedications and improvements, as pro- tute a blight to an adjoining property, the neighbor- vided in subsection G of this section; hood, or the city. 11. Drainage improvements; B. The property owner of any commercial or 12. Landscaping, including the location and type; industrial building or structure, or of any portion or 13. Fire-prevention equipment and measures, remainder thereof which is found to have been including the location and type; unoccupied, vacant, or without an active business 14. Such other data as may be required to permit license for six months or more shall pay a vacant the site plan review committee to make the required building permit fee to the city. The city council fmdings.

242-67 (Dos Palos 9-98)

17.60.060

C. Review Committee Action-Criteria for Con- ix. Requiring fire-prevention equipment and mea- sideration. sures; 1. Within fifteen days after submission of a x. Regulation of noise, vibration, odors, elec- complete site plan, the site plan review committee trical discharge or interference, shall approve, approve with conditions as set forth xi. Regulation of lighting, in subdivision A of this section, or disapprove the xii. Requiring street dedications and improve- site plan. In approving the site plan, the site plan ments,: subject to the provisions of subsection G of review .committee shall find that: this section, a. All the applicable provisions of this title are xiii. Such other conditions as could make possible complied. with; the development of the city in an orderly and effi- b. The material and design of the proposed cient manner and in conformity· with the interit and development is compatible with existing improve- purposes set forth in this chapter; • ments in the. neighborhood; 2. In making such findings, the site plan review c. The following are so arranged that traffic committee shall consult with city personnel as ap- congestion is avoided and pedestrian and vehicular • propriate to assure that approvals will be consistent safety and welfare are protected, and there will be • with established legislative policieii"and city stan- no adverse effect on surrounding property: dards relating to traffic safety, •street dedications, i. Facilities, .improvements . and utilities, street improvements and public safety. ii. Vehicular ingress, egress and internal circula- D. Review Committee Action-Decision. The tion, decision of the site plan review committee shall be iii. Setbacks, final unless appealed to the council in accordance iv. Height of buildings, with the procedure specified in Section 17.76.060 of v. Location of service use areas, this title. The site plan review committee shall cause ,. . vi. Walls, a copy of the site plan, with its decision and any 0 vii. Landscaping; conditions shown thereon or attached thereto, to be d. The proposed lighting is •so arranged as to mailed to the applicant within ten days of the adop- deflect the light away from adjoining properties; tion thereof. e. The proposed signs will not by size, location E. Appeal from Review Committee Decision- or lighting interfere with traffic or limit visibility; Council Authority. f. That any conditions of approval are deemed 1. The applicant may appeal the decision of the necessary to protect the public health, safety and site plan review committee to the council by setting welfare. Conditions may include the following: forth in writing the reasons for such appeal. Such i. Requiring special yards, spaces and buffers, appeal shall be filed with the city clerk within ten ii. Requiring fences and walls, days after the date of mailing as shown by the post- iii. Requiring enclosure of storage areas and limi- mark on the papers mentioned in subsection D of tation on out-of-door display of merchandise, this section. The appeal shall be placed on the agen- iv. Requiring grading, surfacing and drainage im- da of the council's next regular meeting after the ap- provements, peal is filed; provided, however, that if the appeal v. Regulation of points of vehicular ingress and is filed within ten days of the next regular meeting egress, of the council, the appeal shall be placed on the vi. Regulation of signs, agenda of the council's second regular meeting vii. Requiring landscaping and maintenance there- following the decision of the site plan review com- of, mittee. The council may affirm, reverse or modify viii. Requiring maintenance of grounds, a decision of the site plan review committee; provid- ed, however, that if a decision denying a site plan (Dos Palos 9·98) 242-68 u

17.60.060

is reversed, or a decision granting a site plan is with the city's improvement standards, the improve- modified, the council shall, on the basis of the re- ment of the right-of-way of said street to city stan- cord transmitted and such other evidence as may be dards for width of thirty feet, as measured from the submitted, make the findings prerequisite to the ultimate right-of-way line of the street abutting the approval of a site plan as prescribed in subsection development; may be required. The required im- C of this section. provements may include, but are not limited to, 2. The decision of the council shall be final. The curbs, gutters and sidewalks; drainage facilities; council shall cause a copy of the site plan, with its street trees; street signs; street lights; required utili- decision and any conditions attached thereto, to be ties; street grading and paving. mailed to the applicant within ten days of the adop- 3. Where a development is traversed by a new tion thereof. street, the dedication of which was required pursuant F. Revisions to Approved Site Plan. Revisions to subsection {G)(l) of this section, or an existing by the applicant to an approved site plan shall be street right-of-way which is not developed in accor- made pursuant to the procedure set forth in this dance with the city's improvement standards, the chapter. improvement of the right-of-way of said street to G. Street Dedications and Improvements or Fee city standards for a width of sixty feet may be re- in Lieu Required When. Because of changes that quired. If the right-of-way of the street exceeds sixty may occur in an area due to increases in vehicular feet, the site plan review committee, in consultation traffic generated by facilities requiring site plan with the city engineer, shall determine the sec- review, and upon the principle that such develop- tions(s) of the right-of-way to be improved. The ments should be required to provide street dedica- required improvements may include, but are not tions and improvements as near as practicable in limited to, curbs, gutters and sidewalks; drainage proportion to such increased vehicular traffic, but facilities; street trees; street signs; street lights; should not be required to provide such street facili- required utilities; street grading and paving. ties for nonrelated traffic, the dedications and im- 4. Where a development borders a new frontage provements specified in subsections (G)(l), (2), (3) road, the dedication of which was required pursuant and (4) of this section may be deemed necessary by to subsection (G)(l) of this section, or an existing the site plan review committee and may be required frontage road right-of-way which is not developed as a condition to approval of any site plan. The site in accordance with the city's improvement stan- plan review committee may require that a fee be dards, the improvement of the entire right-of-way of paid in lieu of constructing the improvements re- said street abutting the development may be re- quired in subsections (G)(2), (3) and (4) of this quired. section if the site plan review committee determines H. Building Permits-Issuance Prerequisites. Be- that it would be in the public interest to defer con- fore a building permit shall be issued for any build- struction of said improvements. ing or structure that is subject to site plan review,

1. The dedication of all land necessary to widen the city building inspector shall determine that: an existing street right-of-way, or new street made 1. The proposed building is in conformity with necessary by a development, to its ultimate planned the site plan and conditions approved by the site right-of-way as established by any adopted general, plan review committee; and specific or precise plan or by the city's improvement 2. All required dedications have been recorded; standards may be required. and

2. Where a development borders a new street, 3. A letter has been furnished by the applicant dedication of which was required pursuant to sub- from all appropriate utilities, stating that all neces- section (G)(l) of this section, or an existing street sary utilities will be installed and that the utility right-of-way which is not developed in accordance companies will conform to all city ordinances.

   242-69 (Dos PaJos 9-98)

17.60.060

I. Completion of hnprovements Prerequisite to D. In all calculations of allowable outlets per Occupancy of Buildings. Before _any building or inhabitants in this chapter, a major fraction thereof structure that is subject to site plan review shall be shall not allow or provoke an additional permit or occupied, the city building inspector shall determine license. that all required on-site ( outside the city right-of- E. No permit and/or business license shall be way) and off-site (within the city right-of-way) issued for the retail sale of off-sale beer and wine improvements shall have either been co111pleted prior if the total number of licensed locations selling off- to occupancy of the premises; or, if not completed, sale beer and wine exceeds. one location per one the permittee shall have entered into an agreement thousand .inhabitants. with the city to complete said work within six F. No. permit and/or business license shall be months from the date of occupancy. The city build- issued for the retail sale of off-sale distilled spirits ing inspector may extend the completion date for or spirituous liquors if the total number of licensed one additional six-month period upon written re- locations selling off-sale distilled spirits or spirituous quest of the permittee, upon a showing of good liquors exceeds one location per one thousand in- cause therefor. The agreement with the city shall be habitants. secured either by cash deposited with the city, or G. No permit and/or business license shall be cash deposited in irrevocable escrow approved by issued for the sale of on-sale beer and wine if the the city attorney as the equivalent thereof. Such total number of licensed locations selling on-sale security shall be in the amount of one hundred beer and wine meets or exceeds one location per percent of the estimated. cost of completing the work one thousand inhabitants. as determined by the city building inspector. In the H. No permit and/or business license shall be event such workis not completed within the period issued for the sale of on-sale distilled spirits or provided, or any extension thereof, the city shall be spirituous liquors if the total number of licensed authorized to take all necessary action to enforce the locations selling on-sale distilled spirits or spirituous agreement, including the use of said security to liquors meets or exceeds one location per two thou- cause the completion of all required improvements. sand inhabitants. (Ord. 348, 1999; Ord. 342 (part), Monies deposited with the city or in escrow may be 1997) partially released to the depositor by the city build- ing 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) ' '

A. The conditions set forth in this chapter shall apply in all districts or zones. B. Change of ownership or title or license re- newal 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.

(Dos Palos 9-98) 242-70

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

Requirements for all districts. inches. For a side yard used as a driveway, said

required. of the first floor of the building may extend into auy

design requirements. such features may not extend into a court more than

maintenance standards. side yard (except when used as a driveway) or rear

standards-Existing lots. 3. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project

The property development standards set forth in inches. this chapter shall apply to all laud, buildings aud B. Front, side arid rear yards for swimming structures in all districts as specified herein. (Ord. pools shall be required on each lot as follows: 342 (part), 1997) 1. Swimming _pools, spas and associated equip- ment shall not be located within a required front or

For the purpose of this section the following shall property line except that the seiback for associated apply: equipment not exceeding six feet in height may be In measuring a front yard or side yard adjoining reduced to zero feet if access around the pool or spa a street, it shall be the perpendicular distance be- is not obstructed. tween the street aud a line through the comer or 2. Swimming pools may be located in any re- face of said building closest to aud drawn parallel quired interior side yard and rear yard, provided a with the street, excluding any architectural features. space of not less than five feet is maintained from The property lines shall have the same meaning as the side and rear property lines. lot lines aud as defined in Section 17 .64.100 of this C. The following yard setbacks shall apply to chapter. the R-1-6 zoning district:

242-71 (Dos Palos 9.9g)

17.64.020

1. The minimum depth of the front yard for 2. The minimum side yard (interior lot) for any main buildings, private garages and carports, and building shall be five feet. If the side yard is to be accessory buildings shall be twenty feet. used for driveway purposes the minimum width
2. The minimum side yard (interior lot) for any shall be ten feet. building shaUbe five feet. If the side yard is to be 3. On comer lots, the side yard which faces on used for driveway purposes the minimum width a street shall be not less than ten feet, except that no shall be ten feet. vehicle opening of any building shall be closer than
3. On comer lots, the side yard which faces on twenty feet to the property line or planned right-of- a street shall not be less than ten feet, except that no way line of the street on which it faces. vehicle opening of any building shall be closer than 4. The minimum depth of the rear yard for any twenty feetto the property line or planned right-of- building shall be fifteen feet, except that accessory way line of the street on which it faces. buildings, garages and carports may be located not
4. The minimum depth of the rear yard for any closer than five feet from the rear property line. building shall be fifteen feet, except that accessory 5. No aecessory building or group of accessory buildings, garages and carports may be located not buildings shall cover more than one third of the re- closer than five feet from the rear property line. quired rear yard area.
5. No accessory building or group of accessory F. In All Commercial and Industrial Districts- buildings shall cover more than one third of the General Yard Requirement. All required yards shall required rear yard area. extend the full width or depth of the lot and, unless D ... The .following yard setbacks .shall. apply 'to otherwise specified herein, shall be open from the the R-1-10 zoning districts:. ground to the sky.
6. The minimum depth of the front yard for 1. Front Yard. No requirements, except as fol- main buildings, private .garages and carports, and lows: accessory buildings shall be twenty-five feet. a. On any street or highway that is a boundary
7. The minimum side yard (interiodot) for any between any commercial or industrial district and building shall be ten feet. If the side yard is to be any residential district, there shall be a front yard of used for driveway purposes the minimum width not less than fifteen feet. Said yard shall be land- shall be fifteen feet. scaped and maintained.
8. On comer lots, the side yard which faces on b. When the side lot line of a lot in any com- a street shall be not less than ten feet, except that no mercial or industrial district adjoins any residential vehicle opening of any building shall be closer than district, there shall be a front yard of not less than twenty-five feet to the property line or planned fifteen feet. Said yard shall be landscaped and main- right-of-way line of the street on which it faces. tained.
9. The minimum depth of the rear yard for any 2. Side Yard. No requirements, except as fol- building shall be fifteen feet, except that accessory lows: buildings,. garages and carports may be located not a. On any street or highway that is a boundary closer than five feet from the rear property line. between any commercial or industrial district and
10. No accessory building or group of accessory any residential district, there shall be a side yard of buildings shall cover more than one third of the re- not less than fifteen feet extending the full length of quired rear yard area. the lot. Said yard shall be landscaped and main- E. The following yard setbacks shall apply to tained. the R-2, R-3, and R-4 zoning districts: b. When the side lot line of a lot in any com-
11. The minimum depth of the front yard for mercial or industrial district adjoins any residential main buildings, private garages and carports, and district, there shall be a side yard of not less than accessory buildings shall be fifteen feet. fifteen feet. Said side yard may be used for parking

(Dos Palos 9-98) 242-72

17.64.060

2. The site plan review committee shall desig- material 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 busi- the lights could be confused with any official traffic ness. On a corner lot the amount of curb left open signal, directional sign or warning device·. for driveway pllrposes along one street frontage 7. . Compatibility. The design, materials, and col- shall not exceed fifty percent of the curb frontage ors used in any sign or its structure shall be aestheti- along the street. (Ord. 342 (part), 1997) cally and architecturally compatible and harmonious with other buildings and signs found on the same

17 .64.070 Outdoor advertising. street block; The planning commission shallhave The following provisions shall apply to all the authority to enforce this provision. sign age in all zoning districts: 8. Compliance. The construction of any •sign A. All signs. shall be in strict compliance with the provisions of l. 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 erect- is intnt 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 ap- 10. Height and Setback. Unless otherwise speci- pear 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 overllead elec- 11. Intermittent Signs. With the exception of trical conductor energized in excess of sevi:n hun- electronic time and temperature signs, and signs dred fifty volts. The term "overhead eleccal con- deemed historic, no animated, blinking, flashing, or ductor" as used in this chapter, means any conduc- intermittent signs shall be permitted, tor, either bare or insulated, installed above ground 12. Professional Signs. Professional medical of- except suchconductors as are enclosed in iron pipe fices, including the offices of medical doctors, phys- or 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. Profes- utility 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 5. Tobacco. All outdoor tobacco product adver- barber shop may rotate. • tising and promotional material (including on store 14. Under Awning Signs. All new signs under or windows) that are within one thousand feet of a attached under any awning, canopy, or marquee, are school or public playground are prohibited. Beyond prohibited. one thousand feet or indoors, only advertising or

242-79 (Dos Palos 9-98)

17.64.070

15. Light or Ventilation. No sign shall be pennit- a. One billboard on the west side of the 1600 .. -., ted to obstruct any direction or opening to an extent block of Center Avenue, a.k.a. former Beacon bill- ·:_,:\ ::· that light or ventilation is reduced to a point below board; and that requireci by the Uniform Building Code as b. One billboard.on the north side of the 2100 adopted.by the city. block of Blossom Street; and
16. ~~sidential Areas ..With the exception of c. Any city of Dos Palos-owned welcome sign political qi r~ estate signs, all signs are prohibited and/or club emblem sign placed at the city's primary in. all residential zones. . entrances or city limits .. D. Freestanding Signs. • . . 17. J]tility Poles. No signs of any kind, including

fundraising, garage or yard sale signs, lost item 1. A freestanding sign shall mean any anchored notices, product or service promotions, shall be or permanent sign which is not attached to a permitted to be affixed or placed upon• any public building. property, utility pole, utility fixture or tree. 2. A conditional use permit is required for all 18. Encroachment Hazards. Except as provided freestanding signs. for historical signs, all signs, roof top signs, sign 3. No more than one freestanding sign shall be poles or sign structures, within twenty feet of a side- permitted on any one lot. •. walk, street, public easement or public right of way, 4. A freestanding sign and its structure shall be which are not in use for more than two years, shall located only on the premises which it advertises. be removed by , the property ·owner. upon written 5. A -freestanding sign shall not exceed twenty notice from the city. Should the property owner fail feet in height. '. to remove the-item within sixty days, the city may, • 6. Double-faced freestanding signs shall nofex- at its discretion, remove the item and bill the prop- ceed twenty-four inches in width between faces. erty owner for the cost of the removal, its disposal 7. A freestanding sign shall not be permitted I. and any related fees. Failure to pay may result in a less than twenty feet from the nearest building or lien being placed on said property. fifty feet .from the nearest residential district or . B. Banners. school facility . 1, Without a conditional use permit, no more 8. The lai:gest freestanding sign face or the total than one banner, not to exceed thirty-six square feet combined area on one side (if an assemblage) on a ,. in area, may be placed on any private property, for freestanding structure shall not be permitted to ex- a period of time not to exceed thirty days within ceed thirty-six square feet in area. The city's wel- come signs are exempt from this provision. •any calendar year. 2. With a conditional use permit, a second ban- 9 .. The supporting members of a freestanding ner may be approved but no more than two banners sign shall appear to be free of angle iron, extra may hang in one calendar year. bracing, cables, flying buttresses, guy or guide 3. .The city shall be exempt from banner restric- wires. tions in regard to the banners •it hangs over its 10. All freestanding signs with landscap<M bases streets or on its streetlights, with the exception that shall be maintained or the sign's permit will be all banners hanging over a public easement or street revoked. must refer to an event. E. Historical Signs. C. Billboards. 1. The following locations have what are consid- 1. Billboards are prohibited, except at the fol- ered by the city ofDos Palos to be historical signs: lowing locations, all of which were in existence a. The Dos Palos Theatre marquee located at prior to the adoption of the ordinance codified in 1406 Center Avenue; this title: b. The former Airow Club sign located at 1532 Center Avenue, (currently a video and music store);

(Dos Palos 9-9&) 242-80

17.64.020

and storage, provided no material stored therein any building, conditional use or other permit, or at exceeds a height of six feet. the discretion of the council according to the danger c. When the rear lot line of a comer lot in any or hazard involved. commercial or industrial district adjoins any residen- 3. Comer Cutoff Areas. The following regula- tial district, there shall be a side yard abutting the • tions shall apply at all intersections of streets, 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 within the cutoff areas established d. When the rear lot line of a reversed comer 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 abut- wall, 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 comer, 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 land- The 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 require- ty line with the edge of a driveway or alley pave- ments 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 com- such distances of intersection unless the foliage line mercial or industrial district adjoins any residential is maintained at sufficient height to prevent obstruc- district, there shall be a rear yard not less than fif- tion of such sight lines. (See city of Dos Palos teen feet. Said rear yard may be used for parking standard specifications). and storage, provided no material stored therein 4. No fence, hedge or wall paralleling a street exceeds a height of six feet. (Ord. 342 (part), 1997) shall be pennitted less than ten feet from the nearest curbface of said street.

A. The following requirements shall apply to all height shall be pennitted in any required front yard, zoning districts: or in the required side yard on the street side of a l. Nothing in this section shall be deemed to set reversed corner lot, or in the area of a required rear aside or reduce the requirements established for yard on a reversed comer lot that is defined by a security fencing by either local, state or federal law, projection of the required street side yard to the rear or by safety requirements of the board of education. lot line. The regulations as set forth in the following provi- 6. Fences, hedges, and walls shall be pennitted sions of this section shall be in addition to those on or within all rear and side property lines on· regulations. interior lots, and on or to the rear of all front yard 2. A fence or wall shall be constructed along the setback lines, except as described in this section. perimeter of all areas considered by the council to 7. No fence, wall or hedge over seven feet in be dangerous to the public health and safety. The height shall be pennitted, except to enclose tennis height of such wall shall be determined by the coun- courts or other game areas as described below, or as cil in relation to the danger or hazard involved. Said otherwise specified by the council per subsection fence or wall may be required when a use requires (A)(2) of this section. The construction of fences

242-73 (Dos Palos 9~98)

17.64.030

and walls shall be in strict compliance with the 13. All fences and walls shall require a building provision of this title and all other laws and design permit. (Ord. 347, 1998; Ord. 342 (part), 1997) standards of the city. 8. Fences or structures over six feet in height, 17.64.040 Off-street parking-Requirements to enclose tennis courts or other game areas, shall for all districts. be composed of wire mesh capable of admitting at A. Requirements for All Zoning Districts. The least ninety percent of available light as measured following standards for providing off-street pai:king on. a correctly calibrated light meter. Such fences are established. The standards shall also be complied shall be permitted in required side or rear yards sub- with when an existing building is altered ot enlarged ject to first securing a conditional use permit as by the addition of floor space, seating capacity, or provided in Article I of Chapter 17. 7 6 of this title. other facilities, or changed to a use requiring greater 9. Fences and walls over six feet in height not parking. constructed according to city standard specifications 1. Off-street automobile parking space being shall be engineered by a licensed architect or engi- maintained in connection with any existing main neer and approved by the city. building or structure shall be maintained so long as 10. Swimming pool fences or walls shall comply said main building or structure remains, .unless au with all other provisions relating to the location and equivalent substitute number of spaces are provided height of fences, hedges and walls set forth in this and thereafter maintained conforming to the require- title and all requirements of the state of California. ments of this section; provided, however, that this Said fencing must be installed and approved by the regulation shall not require the maintenance of more city building inspector before water is first run into automobile parking spaces thari is required herein the pool. for a new building or structure, nor the maintenance 11. A solid masonry wall not less than six feet in of such space for any type of main building or height shall be erected along the property line of structure other than those specified herein. any commercial or industrial lot which is a bound- 2. No parking area or parking space which is ary between a commercial or industrial district and provided for the purpose of complying with the an abutting residential district when the planning provisions of this title shall hereafter be relin- commission determines that any of the following quished, reduced or altered in any manner below the conditions exist: requirements established herein, unless equivalent A. The new business is a restaurant, fast food facilities are provided elsewhere, the location of restaurant or other food service business; which is approved by the commission, following .the B. The business sells on or off sale alcoholic procedure set forth in Chapter 17.60 of this title. beverages; 3. Where automobile parking space is provided C. The area's safety is reduced; and maintained on a lot in connection with a main D. A nuisance is created or enhanced; building or structure prior to the effective date of E. The new business contributes to an increase these provisions, and is insufficient to meet the in noise, odor, traffic or visual blight. requirements for the use with which it is associated, Said boundary wall shall comply with all other or where no such parking has been provided, then requirements of this title. the provisions of Section 17 .56.100 of this title shall 12. Outdoor storage of equipment or supplies apply. shall be enclosed by a solid permanent wall not less 4. A parking space shall be an area for the than five feet in height. Height of stored items may parking of a motor vehicle plus those additional not exceed the height of said enclosure wall, and areas required to provide for safe ingress and egress said wall shall comply with all other requirements from said space. The area set aside to meet these of this title. provisions must be usable and accessible for off-

(Dos Palos 9-98) 242-74

17.64.040

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 17.64.040through 17.64.140of 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 provid- 3. Said space shall be provided on a site not ed in a garage or carport and two uncovered off- more 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 2. For multiple-family dwellings, there shall be provided in any of the following ways: at least two covered parking spaces provided in a a. On the lot with the building served, garage or carport and two uncovered off-street park- b. On a contiguous lot or a lot within five hun- ing 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 uncov- c. 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 parlcing spaces must have streetfront, not d. In a 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 dwell- with the provisions of this section; ings, and for uses involving large concentrations of 4. For bowling alleys and similar establishments, people, parking areas or spaces shall, unless other- there 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 con- the main building, or on lots immediately contig- tained therein; uous thereto in the same district therewith and avail- 5. 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, which- requirements 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 park- parking 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 parlcing space for and the commission determines that all of the spac- every 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, detennine wheth- 7. For dance halls, skating rinks, auditoriums er or not the general requirements of the district, or and similar establishments, there shall be one park- the 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 consump- shall 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 square foot of gross floor area or fraction thereof, floor area, there shall be one parking space for each said parking area to be within three hundred feet of two hundred square feet, the property served, b. Four thousand square feet or more of gross b. For facilities not open to the public, there floor area, there shall be forty parking spaces·plus shall be one parking space for every two employees. one for each fifty square feet in excess of four thou- This shall apply to the maximum number of em- sand square feet; ployees on duty at any one time, 9. For hospitals, sanitariums, and asy !urns, there c. For facilities wherein there are areas open and shall be at least one parking space for every two not open to the public, the parking ratios in subsec- beds or one space for every one thousand square tions (C)(l) and (2) of this section shall be used as feet of gross floor area, whichever provides the a basis for determining the respective amount of greater number, pills one space for every three em- parking areas to be provided; 18. Forroominghouses, lodginghouses, clubs andployees; . 10- For hotels, touri~t courts and motels, there fraternity and sorority houses, there shall be one shall be one parking space for every individual parking space for each person which the building sleeping room or unit; was or is designed or intended to house as a sleep- 11. For housing for the elderly, there shall be one ing guest or member or employee; parking space for every three dwelling units, or por- 19. For schools, both public and private, the tions thereof. If at any time the premises are used following standards shall apply: for other than housing for the elderly, the parking a, .. Elementary and Junic,r High. There shaH be requirements for such other use shall be met before one parking space for each member of the faculty such use is commenced; and each employee, 12. For machinery sales and wholesale stores, b. High School. There shall be one parking there shall be one parking space for each eight space for each member of the faculty and each hundred square feet of gross floor area; employee, plus one space for every eight students 13. For medical offices, there shall be provided regularly enrolled, four parking spaces for each doctor in any building c. Junior Colleges, Colleges and Universities. structure; There shall be one parking space for every two 14. For motor vehicle sales and automotive repair members of the faculty and employees, plus one shops, there shall be one parking space for each four space for every two full-time or equivalent regularly hundred square feet of gross floor area; enrolled students, 15. For mortuaries, funeral homes and similar d. Schools Having Auditoriums or Places of establishments, there shall be one parking space for Assembly. The provisions of subsection (C)(5) of each twenty square feet of floor area of assembly this section shall apply, if such application will rooms, plus one space for each employee, plus one provide a greater number of spaces than subsections space for each car owned by such establishments; (C)(l ), (2) or (3) of this section. Said required 16 .. For park and recreational uses, there shall be parking spaces shall be within the school property one parking space for each five thousand square feet or on a parking lot contiguous thereto, of active recreational area within a park or play- e. Day Nurseries, Nursery Schools and Child Care Nurseries. There shall be one parking space forground; 17. For public utility facilities, such as communi- each member of the faculty, each employee, and the cations equipment buildings, electrical substations owner; and the like, the following standards shall apply: 20. For shopping centers, there shall be provided a. For facilities open to the public, there shall one parking space per two hundred square feet of be three square feet of parking area for every one gross leasable area. "Shopping center," as used here-

(Dos Palos 9-98) 242-76

17.64.040

in, means two or more architecturally nnified com- hicular 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 ar- for 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 Agree- stations, bus depots or other passenger terminal ments. When parking is to be provided off the regu- facilities, such parking spaces and location of such larly subdivided Jot 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 specta- he owns or has available sufficient property to pro- tors, 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 follow- county recorder, prior to the issuance of any build- ing subsections: ing permit, a covenant executed by the owners of 1. All areas 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 3. No required parking space shall be so locat- and will not be made subject to any other covenant ed 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 4. Automobile parking shall be so arranged as structure should thereafter provide parking space to 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 ve- shall furnish at their own expense such title reports

242-77 (Dos Palos 9-98)

17.64.040

or other evidence as the city may require to insure B. For all residential zones and residential devel- compliance with provisions of this section. (Ord. opments, the following constructions standards shall 342 (part), 1997) , apply for miuimum off-street parking: 1. For all single-car garages and carports the

A. The following standards apply to all construc- mum ten foot opening in the front. The minimum tion in the R-2, R-3 and R-4 zones, except that length or depth shall be twenty-four feet. when allowed single family housing is constructed .· 2. For all two-car garages and carports the mini- in the R-2 zone, the provisions of the R-1-6 district mum width shall be twenty-four feet with a mini- shall apply. mum sixteen foot opening in the front. The mini- 1. No more than fifty percent of allowed build- mum length or depth shall be twenty~four feet. ing construction shall rise above the plane estab- 3. The minimum area for an uncovered parking lished by 1:1 height/setback ratio from any exterior pad shall be twelve feet by twenty-four feet for a property line of a lot or parcel at any established -single car. (For diagonal parking pads the state of distance from said exterior property line. California Cal-Trans Staridards shall apply.) (Ord. 2. Parking areas shall be illuminated at night for 342 (part), 1997) • security and safety reasons,· but the lighting shall not spill over onto adjacent properties. 17.64.060 Access. . 3. No trash collection area shall be located For the purpose of this section all dimensions within ten feet (horizontal) of the outermost extent shall commence and end ai the transition(wings) of allowable for aroof projection on aresfrlential struc- the driveway approach. ture. A. The following provisicms shall apply to all 4. Refuse collection areas shall be screened with residential zoning districts: • •• the same and/or complementary materials and colors I. There shall be vehicular access from a dedi- used on the main building( s), and shall be enclosed cated and improved public street to parking facilities by decorative gates. on the property requiring off-street parking. 5. Walk-in-access for tenants, other than the 2. Tiie minimum width of any approach shall be main gates, shall be provided. twelve feet left open for the purpose of providing a 6. Fencing for patios or swimming pools (not driveway for all new installations. including perimeter fencing) shall not include chain- 3. No more than two driveways may be allowed link, except that a tennis court may use chain link on a single lot, and only' under the following con- if it uses such elements as vinyl-covered (or equiva- ditions: lent shading) .chain link in complementary colors, a. Driveways must connect to one another on masonry plasters, etc., with complementary land- the interior of the -lot; scaping. b. Driveways must be located on a single lot 7. If visible from public right-of-way(s) parking frontage not less than one hundred feet wide; areas shall be screened by landscaping which may c. Total width of all driveways not to exceed include beams or fencing/screening. thirty-six feet. 8. Private balconies or patios shall be screened B. The following provisions shall apply to all with solid or near-solid fencing/railings. They shall nonresidential zoning districts: be constructed of materials that are of comparable 1. There shall be adequate vehicular access from quality and aesthetics to those used on the rest of a dedicated and improved public street, service road the project. The color shall complement or match or alley, the design of which shall be approved by building trim. the site plan review committee. (Dos Pa1os 9.98) 242-78 u

17.64.070

c. The former Dos Palos Furniture sign located moved by the city and the cost of such removal and at I 414 Center A venue; disposal shall be charged to the pertinent candidate d. The former Beacon billboard located at 1610 or campaign committee. Center Avenue. 8. No vehicle or trailer containing a noncomply- 2. Historical signs are exempt from the provi- ing 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. No more than thirty-six square feet of interior than twenty years. As of June 15, 1999, the Dos window space may be covered with posters or spe- Palos Theatre marquee was still in use. cial sales notices of any kind, at any antique, cloth- 4. 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 between the Colony Main Canal and Almond Street. selling second-hand or used items, or video store. The historic downtown district is not a separate zone 3. The combination of interior door and window but is a special designated area within the central space and exterior building door or window space business district. covered with posters, etc. shall not exceed thirty-six 5. Historical signs may not be relocated outside square feet. of the historic downtown district. 4. All businesses must maintain all windows to F. Political or Campaign Signs. allow a minimum of seventy-five percent clear I. Political or campaign signs shall be allowed window space and visibility from the exterior be- in all districts or zones. tween two and five feet above grade. 2. Political or campaign signs are any form of H. Roof Signs. advertising of any size, including posters, bearing I. No more than one roof mounted sign shall 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. than eight feet in length. 3. Roof signs shall not exceed a height of one- 4. Political or campaign signs shall be placed half of the height of the elevation of the building entirely upon private property with permission of upon which it is located, or ten feet, whichever is the property owner. less. 5. Political or campaign signs shall not be 4. No roof mounted sign may extend outward placed earlier than sixty days prior to the election over an easement or sidewalk. day for which the issue is being decided or of which I. Temporary Signs. the candidate is seeking election. 1. Temporary signs shall include all signs 6. All political or campaign signs, including which, regardless of size, are intended to advertise thank you signs, shall be removed within one week or promote city, community, or civic projects, or following the pertinent election. other special events, construction projects, real estate 7. One week after the election has passed, any for sale, lease or rent, sales or special promotions, remaining political or campaign sign may be re- seasonal businesses such as Christmas tree lots, all

242-81 (Dos Palos 9•98)

17.64.070

portable signs, all signs mounted on trailers, and all 2. Where a wall sign is located on or within a sandwich board signs regardless of size. window, the area of said sign shall not exceed twen- 2. With the exception of signs advertising real ty-five percent of the total area of the window. estate for sale, lease or rent, no temporary sign, 3. Wall signs shall not extend more than three including trailer mounted signs, shall be allowed for feet above the wall, facade, parapet or eave of the a duration of time longer than two weeks. building on which the sign is located. (Ord. 350 3. Signs advertising real estate for sale, lease or (part), 1999; Ord. 342 (part), 1997) rent shall be pennitted for the duration of time that the property remains for sale, lease or rent or for a 17.64.080 Loading spaces-Number period of two years, whichever period of time is required. less. Every commercial and industrial building hereaf- 4. No temporary sign shall be permitted in,.on, ter erected or established shall provide and maintain over, or within six feet of any alley, easement, right- loading spaces as provided in the following tables: of-way, sidewalk, or street. 5. No more than one temporary sign shall be Office Buildings. permitted on any one lot or parcel, including signs advertising credit cards, gasoline prices, lotto or Number of lottery games, alcohol or tobacco products. Gross Floor Area Loading Spaces 6. No more than two "for lease," "for rent," or 0-3,500 square feet 0 "for sale" signs shall be permitted on any one lot or 3,501-59,000 square feet 1 parcel. 50,001-100,000 square feet 2 7. No more than two "subdivision" or "tract" 100,001 and over 3 development signs shall be pennitted in any one new subdivision. Commercial Buildings. 8. Offsite subdivision signs directing prospective purchasers to a subdivision having honses or lots for Number of sale, may be erected and maintained, provided said Gross Floor Area Loading Spaces signs do not create a traffic hazard or interfere with 0-3,500 square feet 0 visibility; and said signs shall advertise only the 3,501-15,000 square feet 1 name of the subdivision or tract and/or its slogan, 15,001-45,000 square feet 2 and/or give simple directions to its location; and 45,001-75,000 square feet 3 said signs shall not exceed eight square feet in size; 75,001-105,000 square feet 4 and said signs shall not exceed eight in number; and 105,001 and over 5 said signs shall not exceed eight feet in height; and said signs shall only be placed on private property Industrial Buildings. with the permission of the property owner; and said signs shall not be permitted within sixty feet of any Number of public school property. Gross Floor Area Loading Spaces J. Wall Signs. 0-3,500 square feet 0

1. The face of a flat or wall mounted sign may 3,501-40,000 square feet 1 not exceed sixty-four sqnare feet in area. Wall signs 40,001-80,000 square feet 2 may not exceed ten percent of the total wall space 80,001-120,000 square feet 3 on that face of the building. 120,001-160,000 square feet 4 160,00 I and over 5 (Ord. 342 (part), 1997)

(Dos Palos 9-98) 242-82

17.64.090

17.64.090 Loading spaces-Location and 17.64.100 Lot lines. design requirements. A. Front Lot Line. The following general requirements shall apply 1. On an interior lot, the front lot line is the to the location and design of loading spaces: property line or lines abutting the street. A. When the lot upon which the loading spaces 2. On a corner or reversed comer lot, the front are located abuts upon any alley, such loading space lot line is the shorter property line abutting a street. shall adjoin or have access from said alley; 3. On a through lot, or a lot with three or more B. A loading space may occupy a rear or side sides abutting a street, or a corner or reversed corner yard, except such portion required to be landscaped, lot with lot lines of equal length, the commission, or unless specifically prohibited by the yard require- following the procedure set forth in Chapter 17 .60 ments of a particular district; of this title, shall determine which property line or C. In no case shall any part of an alley or street lines, shall be the front lot line or lines for purposes be used for providing required loading spaces; of compliance with yard and setback provisions of D. Where the loading area has access from a this title. street, such access shall conform to city standard B. Rear Lot Line. In the case of an irregular or specifications, as adopted or amended; triangular lot, the rear lot line shall be a line within E. Loading spaces shall be not less then twelve the lot, parallel to and at a maximum distance from feet in width and forty feet in length, and shall have the front lot line, having a length of not less than fourteen feet of vertical clearance; ten feet. A lot which is bounded on all sides by F. Loading space being maintained in connec- streets ·may have no rear lot lines. tion with any main building existing prior to the C. Side Lot Line. On a lot with three or more effective date of these provisions shall thereafter be sides abutting a street, all lot lines abutting such maintained so long as said building remains, unless street or streets, other than the front lot line or lines, an equivalent number of said spaces are provided on may be side lot lines. (Ord. 342 (part), 1997) a contiguous lot or elsewhere on the same lot, in conformity with the requirements of this chapter; 17.64.110 Landscaping-Design and provided, however, that this regulation shall not maintenance standards. require the maintenance of more loading space than A. Whenever this title or any special permission is hereby required for a new building, nor the main- • granted hereunder requires landscaping, the follow- tenance of such space for any type of main building ing standards of design, practice and maintenance other than those specified; shall be observed: G. No loading space which is provided for the 1. When property is undeveloped at the time purpose of complying with the provisions of this landscaping requirements are imposed upon the title shall hereafter be relinquished or reduced in any property, landscaped yards and areas shall be pro- manner below the requirements established in this vided and maintained at the time a building is con- title unless equivalent facilities are provided else- structed and occupied for any use requiring a build- where, the equivalency of which is determined by ing, or )'hen any open use, other than agricultural, the commission, following the procedure set forth occurs on the property. in Chapter 17.60 of this title; 2. All vegetation shall be provided with an H. Where a loading area is adjacent to a residen- adequate, permanent and nearby source of water tial district, loading shall be done only between the which shall be provided by installed on-site water hours of eight a.m. and six p.m., unless the loading sprinklers, flood or drip irrigation systems. area is located not less than one hundred feet from 3. All vegetation shall be maintained free of such district or is completely enclosed. (Ord. 342 physical damage or injury from lack of water, ex- (part), 1997) cess chemical fertilizer or other toxic chemical,

242-83 (Dos PaJos 9•98)

17.64.110

blight or disease, and such vegetation or those that 17.64.130 Greenhouses. show signs of such damage or injury at any time A greenhouse shall be classified as a building in shall be replaced by the same, similar or substitute determining lot coverage. The property development vegetation of a size, fonn and character which will standards of the district shall apply if such structure be comparable at full growth. exceeds the permitted fence height for the district or 4. Landscaping provided with any use requiring if such structure exceeds one hundred square feet in a site plan shall be designated on the site plan. area. (Ord. 342 (part), 1997) B. Thefollowing standards for landscaping shall apply to multi-family residential construction (R-2, 17.64.140 Temporary structures. R-3 and R-4 Zones) unless otherwise modified by A temporary structure shall be subject to all conditional use permit. applicable property development standards for the 1. Ground-mounted air conditioning units shall district in which it is located. (Ord. 342 (part), be screened from public view, using either landscap- 1997) ing or a combination of landscaping and screening comprised of the same material as used on the 17.64.150 Public improvements standards- buildings. Existing lots. 2. . Landscaping used to screen objects such as Any new building or structure erected on a devel- meter boxes, air conditioning ·units, etc., shall be oped lot or subdivided lot shall have full off-site chosen so that in not less than two years of nonnal public improvements in accordance with Chapter growth, .full coverage Will be achieved. 16.40 ofthis code. 3. A minimum of one tree .(other than street For the purpose of this section off-site public im- trees) shall be required per three units, and founda- provements shall include but not be limited to the tion plantings (a minimum mean horizontal depth of following: three feet) covering the equivalent of a minimum of A. Sidewalk, curb and gutter; fifty percent of the overall horizontal building front- B. Driveway approach; age shall be required in the overall project. C. Street paving; 4. Landscaping other than turf shall be located D. Street trees; a minimum of three feet from any fire hydrant to E. Street lights, if deemed necessary by site plan allow access. review committee; 5. . The perimeter of trash enclosures shall be F. Such other conditions as could make possible planted with landscaping, such as shrubs or climbing the development of the city in an orderly and effi- evergreen vines,. unless otherwise required by the cient manner and in conformity with the intent and city. purposes set forth in this chapter and Chapter 17 .68 6. An automatic irrigation system shall be pro- of this title. vided to all planting areas within the project, in Lots with existing off-site public improvements accordance to the city's landscape ordinance. must comply with the city of Dos Palos standard 7. Parking areas shall be landscaped with a designs of common engineering structures and be in minimum of one tree per every four spaces. (Ord. such a condition as that required in a new subdi- 342 (part), 1997) vision or other new development work. Note: This section shall not pertain to additions,

No building or structure shall be constructed on them. (Ord. 342 (part), 1997) which may be in conflict with an easement. (Ord. 342 (part), 1997)

(Dos Pa1os 9-98) 242-84

17.76.010

Chapter 17.76 17.76.190 Time limit for development-
Renewal restrictions.

CONDfflONAL USE PERMITS AND 17.76.200 Variance to run with the land. VARIANCES 17.76.210 Mapping.

Sections: denial or revocation-Waiting Article I. Conditional Use Permits period required when.

planning commission. 17.76.240 Planning commission authority.

prerequisite to granting permit. 17.76.260 Grounds for modification.

decision-Resolution required. 17.76.280 Appeals from commission

commission decision-City authority. council authority.

denial or revocation-Waiting because of their unusual characteristics or the spe- period required when. cial attributes of the area in which they are to be

procedures. ations so that they may be properly located with

permitted when. upon surrounding properties. (Ord. 342 (part), 1997)

Article II. Variances 17.76.020 Application-Information

required. be filed with the secretary of the planning commis- 17.76.150 Application-Public hearing by sion on a form prescribed by the commission, which planning commission. shall include the following information:

prerequisite to granting a B. Statement that the applicant is,the owner of variance. the property or is the authorized agent of the owner;

decision-Resolution required. assessor's parcel number of the property;

commission decision-City provements proposed; the drawing must be adequate council authority. to enable the commission to determine the compli-

242-85 (Dos PaJos 9~98)

17.76.020

ance of the proposal with the requirements of this the proposed location of improvements on the site; title; vehicular ingress, egress and internal circulation; E. Any other data pertinent to the findings pre- setbacks; height of buildings; walls and fences; requisite to the granting of a conditional use pennit landscaping; outdoor lighting; signs; and such other that may be required by the city or submitted by the characteristics as will affect surrounding property; applicant. (Ord. 342 (part), 1997) D. That the proposed use is consistent with the objectives and policies of the Dos Palos general

planning commission. E. That the conditions established by the A. A public hearing shall be held by the com- commission for the conditional use pennit are mission not less than ten nor more than forty days deemed necessary to protect the public health, safety after the filing of a complete application for a condi- and general welfare. Conditions may include the tional use pennit, notice of which shall be given in following: the manner prescribed in subsection C of Section 1. Requiring special yards, spaces and buffers, 17 .80.030 of this title.. 2. Requiring fences and walls, B. At the public hearing, the commission shall 3. Requiring enclosure of storage areas and review the application and the statement and draw- limitation on outdoor display of merchandise, ing submitted therewith, and shall receive pertinent 4. Regulation of grading, surfacing, and drain- evidence concerning the proposed use and the pro- age improvements, posed c9nditions under which itwouldbe operated 5. . Regulation of points of vehicular ingress and or maintained, particularly with respect to the find- egress, ings prescribed in Secti9n 17 .76.040 of this chapter. 6. Regulation of signs, C. The public hearing shall be conducted in 7. Requiring landscaping and maintenance there- accordance with the rules and procedures specified of, in Section 17 .80.040 of this title. (Ord. 342 (part), 8. Requiring maintenance of grounds, 1997) 9. Requiring fire prevention equipment and mea- sures,

prerequisite to granting permit. 11. Regulations of time (hours or days of opera- The planning commission, before granting a con- tion) for certain activities, ditional use permit, shall make all of the following 12. Establishing a time period within which the findings: proposed use shall be developed (see Section A. That the site for the proposed use is adequate 17.76.070 of this chapter), in size and shape to accommodate said use and in 13. Regulation of the time period for which the all yards, spaces, walls and fences, parking, loading, use pennit will be valid and the use may be operat- landscaping and other features required by this title ed (see Section 17.76.080 of this chapter), to adjust said use with land and uses in the neigh- 14. Regulation of lighting, borhood; 15. Requiring a bond or deposit of money to B. That the site for the proposed use relates to assure faithful compliance and performance on the streets and highways adequate in width and pave- part of the applicant for the completion of street ment type to carry the quantity and kind of traffic improvements and other facilities or the removal of generated by the proposed use; such facilities, C. That the proposed use will have no adverse 16. Requiring street dedications and improve- effect upon adjoining or other properties. In making ments, subject to the provisions of Section this determination, the commission shall consider 17 .60.060G of this title,

(Dos Palos 9-98) 242-86

17.76.040

17. Requiring site plan review for a use, building action of the commission, said applicant may, within or structure and such other conditions as will make ten days after the date of mailing, as shown by the possible the development of the city in an orderly postmark of the resolution mentioned in Section and efficient manner and in conformity with the 17 .76.050D of this chapter, or within ten days after intent and puxposes set forth in this article. (Ord. the expiration of the forty-day period mentioned in 342 (part), 1997) Section 17.76.0SOB of this chapter, file in writing with the city clerk an appeal to the council. Said

Resolntion required. that there was an error or abuse of discretion by the A. The commission, by written resolution, may commission, or whereby its decision is not support- approve, approve with stated conditions, disapprove, ed by the evidence in the record. or disapprove without prejudice a conditional use B. In case any party other than the applicant is permit application. The resolution shall describe the not satisfied with the action of the commission he basis for the decision, including whether or not the may, within ten days after the date of adoption of findings set forth in Section 17.76.040 of this chap- the resolution of the commission, or within ten days ter have been made. after the expiration of the forty-day period men- B. The commission shall have forty days after tioned in Section 17.76.0SOB of this chapter, file in the conclusion of a public hearing to render its writing with the city clerk an appeal to the council. decision on a conditional use permit application. Said appeal shall state specifically wherein it is Failure of the commission to adopt a resolution claimed that there was an error or abuse of discre- within the aforementioned forty-day period shall be tion by the commission, or whereby its decision is deemed to constitute a denial of the application. not supported by the evidence in the record. C. The decision of the commission shall be final C. The council shall set a date for a public hear- unless appealed to the council in accordance with ing on the appeal and shall post notices as set forth the procedure specified in Section 17.76.060 of this in Section 17 .80 .030C of this title. The date for the chapter. public hearing shall not be less than ten nor more D. The commission shall cause a copy of its than forty days from the date on which the appeal resolution to be mailed to the applicant within ten was filed. days from the date of adoption thereof. D. Notice shall also be given to the commission E. No building permit or business license shall of such appeal, and the commission shall submit a be issued where a conditional use permit has been report to the council setting forth the reason for its approved or conditionally approved by the com- action or shall be represented at the hearing. mission until ten days after such permit has been E. The council may affirm, reverse or modify a granted by the commission, and then only in accor- decision of the commission; provided, however, that dance with the terms and conditions of the condi- if a decision denying a conditional use permit is tional use permit granted and only if the approval reversed or a decision granting a use permit is modi- or conditional approval of the conditional use permit fied, the council shall, on the basis of the record by the commission has not been appealed to the transmitted and such additional evidence as may be council pursuant to the procedure specified in Sec- submitted, make the findings prerequisite to the tion 17.76.060 of this chapter. (Ord. 342 (part), granting of a conditional use permit as prescribed in 1997) Section 17.76.040 of this chapter. F. The council shall render its decision by reso-

decision-City council authority. public hearing held on the appeal. Failure of the A. In case the applicant is not satisfied with the council to adopt a resolution within the aforemen-

242-87 (Dos Palos 9-98)

17.76.060

tioned forty-day period shall be deemed to constitute affected by said permit. The indication shall show a denial of the appeal. the number of the resolution adopting said permit. G. The council shall cause a copy of its resolu- (Ord. 342 (part), 1997) tion to be mailed to the applicant within ten days from the adoption thereof. 17.76.100 New application following denial H. The decision of the council shall be final, and or revocation-Waiting period shall have immediate effect. (Ord. 342 (part), 1997) required when. Following the denial of a conditional use permit

Renewal restrictions. permit, no application for a conditional use permit A conditional use permit shall lapse and become for the same or substantially the same conditional void one year following the date on which the con- use on the same or substantially the same site shall ditional use permit became effective unless by con- be filed within one year from the date of denial or ditions of the conditional use permit a lesser or revocation of the conditional use permit, unless the greater (but by no means greater than two years) denial was without prejudice. (Ord. 342 (part), time is prescribed, or unless, prior to the expiration, 1997) either the use is being diligently pursued in accor- dance with the conditional use permit, or a building 17.76.110 Revocation or modification permit is issued by the building official and con- procedures. struction is commenced and is being diligently pur- A conditional use permit may be revoked or sued in accordance with .the conditional use permit. modified in the manner and under the conditions set A conditional use permit may be renewed for an forth in Article ill of this chapter. (Ord. 342 (part), additional period of one year or for a lesser or great- 1997) er period as may be specified, provided that an application for renewal is filed with the commission 17.76.120 Unclassified conditional uses prior to the expiration of the time period granted. permitted when. The commission, pursuant to the procedure set forth Any use listed below may be permitted in any in Chapter 17.60 of this title, may grant or deny an district in the city as specified in the permit, unless application for renewal. (Ord. 342 (part), 1997) otherwise provided in this title, after the same has been reviewed and a conditional use permit has been

A conditional use permit granted pursuant to the any use listed in this section shall not be permitted provisions of this article shall run with the land, and in any district in the city without such review and shall continue to be valid upon a change of owner- such permit except in a district where such use is ship of the site or structure which was the subject specifically permitted by this title: of the use permit application unless a specific time A. Airports; period in which the use permit will be valid and the B. Cemeteries; use may be operated has been set in accordance C. Convents and rectories; with subsection (E)(13) of Section 17.76.040 of this D. Columbariums, crematories and mausoleums, chapter. (Ord. 342 (part), 1997) provided that none of the foregoing shall be permit- ted in any residential district, unless within a ceme-

Within ten days of the approval or conditional E. Public and private schools and colleges; approval of a conditional use permit, the city clerk F. Broadcast radio or television transmitters; shall indicate on the official zone map the lot or lots G. Railroads;

(Dos Palos 9-98) 242-88

17.76.120

H. Uses attracting or involving large assemblages tion 17.76.160 of this chapter for granting a vari- of persons or vehicles, such as amusement parks, ance can be made; circuses, carnivals or fairgrounds, open-air theaters, F. Any other data pertinent to the application racetracks and rodeo grounds (none of the foregoing that may be required by the city or submitted by the shall be permitted in any residential district). (Ord. applicant. (Ord. 342 (part), 1997) 342 (part), 1997)

Article II. Variances planning commission. A. A public hearing shall be held by the com- 17. 76.130 Purpose of article. mission not less than ten nor more than forty days Where practical difficulties, unnecessary hard- after the filing of a complete application for a vari- ships, and results inconsistent with the general pur- ance, notice of which shall be given in the manner poses of this title may result from the strict applica- prescribed in subsection C of Section 17 .80 .030 of tion of certain provisions thereof, variances may be this title. granted as provided in this article. The granting of B. At the public hearing, the planning commis- any variance and the conditions attached to such sion shall review the application and the statement grant shall assure that such variance does not consti- and drawing submitted therewith, and shall receive tute a special privilege inconsistent with the limita- pertinent evidence concerning the proposed variance, tions on other properties in the vicinity and district particularly with respect to the findings prescribed in which the property is situated. Variances shall in Section 17.76.160 of this chapter. apply to regulations regarding structures and any C. • The public hearing shall be conducted in physical conditions on the site, but shall not apply accordance with the rules and procedures specified to types of uses where the conditional use permit or in Section 17.80.040 of this title. (Ord. 342 (part), zoning ordinance amendment procedures are appro- 1997) priate. (Ord. 342 (part), 1997)

required. variance. An application for a variance shall be filed with The commission, before granting a variance, shall the secretary of the planning commission on a form make all of the following rmdings: prescribed by the commission which shall include A. That because of special circumstances appli- the following information: cable to the subject property, including the size, A. Name and address of the applicant; shape, topography, location or surroundings (but not B. Statement that the applicant is the owner of including monetary hardship), the strict application the property or is the authorized agent of the owner; of the provisions of this title deprives the subject C. Address and legal description or the property of privileges enjoyed by a substantial num- assessor's parcel number of the property; ber of other properties in the vicinity and under D. An accurate scale drawing of the site and identical zoning district classifications; variance proposed; the drawing must be adequate to B. That the granting of the variance will not be enable the planning commission to determine the materially detrimental to the public welfare, or compliance of the proposal with the requirements of injurious to the property or improvements in the this title; vicinity or district in which the property is located; E. Evidence in the form of a statement showing C. That the granting of the variance will not ad- the basis upon which the findings set forth in Sec- versely affect the Dos Palos general plan or any adopted specific plan;

242-89 {Dos Palos 9-98)

17.76.160

D. That the granting of the variance will not tion. The resolution shall describe the basis for the constitute a grant of special privilege to the property decision, including whether or not the findings set owner; forth in Section 17.76.160 of this chapter have been E. That any conditions established by the made, the basis for the findings, and shall state the commission for the variance are deemed necessary specific circumstances requiring the conditions of to protect the public health, safety and general wel- approval. fare. Conditions may include the following: B. The commission shall have forty days after 1. Requiring special yards, spaces and buffers, the conclusion of a public hearing to render its 2. Requiring fences and walls, decision on the variance application. Failure of the 3. Requiring enclosure of storage areas and commission to adopt a resolution within the afore- limitation on outdoor display of merchandise, mentioned forty-day period shall be deemed to 4. Requiring grading, surfacing and drainage constitute denial of the application. improvements, C. The decision of the commission shall be final 5. Regulation of points of vehicular ingress and unless appealed to the council in accordance with egress, the procedure specified in Section 17.76.180 of this · 6. Regulation of signs, chapter. 7. Requiring landscaping and maintenance there- D. The commission shall cause a copy of its of, resolution to be mailed to the applicant within ten 8. Requiring maintenance of grounds, days from the date of adoption thereof. 9. Requiring fire-prevention equipment and mea- E. No building permit shall be issued, where a sures, variance has been approved or conditionally ap- 10. Regulation of noise, vibration, odors, etc., proved by the commission, until ten days after said 11. Regulation of lightning, variance has been granted by the commission, and ;'·_ ), 12. Requiring a bond or deposit of money to then only in accordance with the terms and condi- • ,. assure faithful compliance and performance on the tions of the variance granted, and only if the ap- part of the applicant for the completion of street proval or conditional approval of the variance by the improvements and other facilities, or the removal of commission has not been appealed to the council such facilities, pursuant to the procedure specified in Section 13. Requiring street dedications and improve- 17.76.180 of this chapter. (Ord. 342 (part), 1997) ments subject · to the provisions of Section 17 .60.0600 of this title, 17.76.180 Appeal from planning commission 14. Regulation of the time period for which the decision-City council authority. variance shall be valid, A. In case the applicant is not satisfied with the 15. Requiring site plan review for a use, building action of the commission said applicantmay, within or structure, and such other conditions as will make ten days after the date of mailing, as shown by the possible the development of the city in an orderly postmark of the resolution mentioned in Section and efficient manner and in conformity with the 17.76.170D of this chapter, or within ten days after intent and purposes set forth in this article. (Ord. the expiration of the forty-day period mentioned in 342 (part), 1997) section 17.76.l?0B of this chapter, file in writing with the city clerk an appeal to the council. Said

Resolution required. that there was an error or abuse of discretion by the A. The commission, by written resolution, may commission, or whereby its decision is not support- approve, approve with stated conditions, disapprove, • ed by the evidence in the record. or disapprove without prejudice a variance applica-

(Dos Palos 9-98) 242-90

17.76.180

B. In case any party other than the applicant is lesser or greater time is prescribed, or unless, prior not satisfied with the action of the commission he to the expiration, a building permit is issued by the may, within ten days after the date of adoption of building official and construction is commenced and- the resolution of the commission, or within ten days being diligently pursued in accordance with the after the expiration of the forty-day period men- variance. A variance may be renewed for an addi- tioned in Section I 7.76.070B of this chapter, file in tional period of one year or for a lessor or greater writing with the city clerk an appeal to the council. period as may be specified, provided that an appli- Said appeal shall state specifically wherein it is cation for renewal is filed with the commission prior claimed that there was an error or abuse of discre- to the expiration of the time period granted. The tion by the commission, or whereby its decision is commission, pursuant to the procedure set forth in not supported by the evidence in the record. • Chapter 17 .60 of this title, may grant or deny an C. The council shall set a date for a public hear- application for renewal. (Ord. 342 (part), 1997) ing on the appeal and shall post notices as set forth in subsection C of Section I 7 .80.030 of this title. 17.76.200 Variance to run with the land. The date for the public hearing shall not be less than A variance granted pursuant to the provisions of ten nor more than forty days from the date on which this article shall run with the land, and shall contin- the appeal was filed. ue to be valid upon a change of ownership of the D. Notice shall also be given to the commission site or structure which was the subject of the vari- of such appeal, and the commission shall submit a ance application unless a specific time period in report to the council setting forth the reason for its which the variance will be valid has been set in action, or shall be represented at the hearing. accordance with subsection (E)(l4) of Section E. The council may affirm, reverse or modify a 17.76.160. (Ord. 342 (part), !997) decision of the commission; provided, however, that if a decision denying a variance is on the basis of 17.76.210 Mapping. the record transmitted and such additional evidence Within ten days of the approval or conditional as may be submitted, make the findings prerequisite approval of a variance, the city clerk shall indicate to the granting of a variance as prescribed in Section on the official zone map the lot or lots affected by 17.76.160 of this chapter. said variance. The indication shall show the number F. The council shall render its decision by reso- of the resolution adopting said variance. (Ord. 342 lution within forty days after the conclusion of the (part), 1997) public hearing held on the appeal. Failure of the council to adopt a resolution within the aforemen- 17.76.220 New application following denial tioned forty-day period shall be deemed to constitute or revocation-Waiting period a denial of the appeal. required when. G. The council shall cause a copy of its resolu- Following the denial of a variance application or tion to be mailed to the applicant within ten days the revocation of a variance, no application for the from the adoption thereof. same or substantially the same variance on the same H. The decision of the council shall be fmal, and or substantially the same site shall be filed within shall have immediate effect. (Ord. 342 (part), 1997) one year from the date of denial or revocation of the variance, unless the denial or revocation was with-

Renewal restrictions. A variance shall lapse and become void one year 17.76.230 Revocation or modification following the date on which the variance became procednres. effective unless by conditions of the variance a A variance may be revoked or modified in the

242-91 (Dos Palos 9•98)

17.76.230

manner and under the conditions set forth in Article a conditional use permit or variance may be initiated ill of this chapter. (Ord. 342 (part), 1997) and shall be set for hearing, noticed, heard and determined in substantially the same manner as Article m. Revocation and Modifications provided for amendments to the provisions of this title set forth in Sections 17 .80.020, 17 .80.030C,

17 .80.040 and 17 .80.050 of this title, with the ex-

The commission may revoke or modify any con- ception that the decision of the commission shall be ditional use permit or any variance on any one or final unless appealed to the council in accordance more of the grounds set forth in this chapter after a with the procedure set forth in Section 17 .80.060 of hearing is held and conducted as set forth in this this title. (All references in said sections to amend- chapter. (Ord. 342 (part), 1997) ments shall be deemed to refer •to the proposed revocation or modification.) (Ord. 342 (part), 1997)

The grounds for the revocation of a conditional 17.76.280 Appeals from commission use pennit or variance shall be any of the following: decisions-City_ council authority. A. That approval was obtained by means of A. All decisions of the commission in proceed- fraud or the misrepresentation of a material fact; ings for the revocation or modification of a condi- B. That the use in question has ceased to exist; tional use permit or variance may be appealed and C. That there is or. has been a violation of or reviewed in substantially the same manner as pro- failure to observe the terms or conditions of the vided for appeals from decisions of the commission pennit or variance, or that the use has been conduct- set forth in Sections 17 .80.060 and 17 .80.070 of this ed in violation of the provisions of this title or any title. (All references in said sections to amendments other law or regulation; • shall be deemed to refer to the proposed revocation D. That the use to which the permit or variance or modification.) applies has been conducted in a manner detrimental B. Upon the expiration of the time within which to the public safety, health and welfare, or so as to an appeal may be so filed, and there being no ap- be a nuisance. (Ord. 342 (part), 1997) peal filed within such time, the decision of the commission shall he deemed final; provided, howev-

The grounds for the modification of a conditional sion of the commission shall stay pending the deter- use permit or variance shall be any of the following: mination of the appeal or its withdrawal by the A. That the ground which would otherwise justi- appellant. The action of the council on such appeal fy a revocation of the permit or variance can be shall be final. (Ord. 342 (part), 1997) corrected or cured by a modification imposing new or additional conditions; B. That improvements in methods or technologi- cal advances permit the conduct of the use with ade- quate safeguards under the proposed modification; C. That one or more of the original conditions of the permit or variance is unworkable, impractical, or otherwise fails to accomplish the original aims. (Ord. 342 (part), 1997)

Proceedings for the revocation or modification of

(Dos Palos 9-98) 242-92

17.80.010

Chapter 17.80 and such additional public hearings as the commis-
sion deems necessary.
AMENDMENTS C. The commission or its secretary shall set the
time and place for such hearing, which shall be held
Sections: not less than ten nor more than forty days following

the filing with the commission of such application

17.80.020 . Initiation methods-Public or resolution. (Ord. 342 (part). 1997) hearing required.

requirements. requirements. 17.80.040 ~blichearing-Conductand A. For the purposes of this chapter. any amend- rules of procedure. ment to the provisions of this title which is for the

commission decision- zoning district to another, or changing the boundary Resolution required. of any particular zoning district, shall be referred to

commission decision- other amendments to the provisions of this title shall Procednres. be referred to. as a "general amendment., 17.8{).070 Council hearings on B. Notice of the time and place of any public commission recommendations. hearing_ on the matter of any general amendment

period required. at least one publication in a newspaper of general

district amendment. less than ten calendar days prior to such hearing and by such other means as the commission may deem

necessary or desirable. The notice shall contain a

The procedure set forth in this chapter shall be general explanation of the matter to be considered utilized to amend the provisions of this title, includ- and general description of the area or areas affected ing the official zone map. (Ord. 344 (part), 1997) by the general amendment C. Notices of Changes of Zoning District

. hearing required. 1. Notice of the time and place of any public A. Amendments to the provisions of this title hearing on the matter of a change of zoning district may be initiated in any of the following manners: amendment shall be given by the commission or its I. By the verified application of any interested secretary by mailing in the United States mail a person or persons; written notice thereof, not less than ten calendar 2. By a resolution of intention adopted by the days prior to such hearing. to all persons, including commission; businesses, corporations or other public or private 3. By. a resolution of intention adopted by the entities, whose names and addresses appear on the council, which resolution shall be referred to the latest equalized assessment roll as owning real prop- commission for hearing. erty within the territory covered by such proposed B. Upon the filing with, or adoption by, the change, and within three hundred feet of the outer commission of any such application or resolution, boundaries thereof. The notice shall contain a gener- the commission shall hold a public hearing thereon al explanation of the matter to be considered. and a

._.....,.,,.- 242-93 •(Dos Palos 9-98)

17.80.030

general description of the area affected by the or more members of the commission, or by the change of zoning district amendment. members of its staff, or by its agents or employees. 2. Such notice shall also be given by publication The facts established by such investigations shall be as set forth in subsection B of this section. ( Ord. submitted to the commission, either in writing to be 342 (part), 1997) filed with the records of the matter, or in testimony before the commission, and may be considered by

rnles of procedure. G. The commission shall cause a written summa- A. The public hearings provided for in this chap- ry of all pertinent testimony heard at such public ter shall be held at the time and place for which hearing, together with a record of the names and such hearings were set and notices thereof given. addresses of all persons testifying, to be prepared B. Any such hearing may .be continued by the and filed with the papers relating to such matter. majority of the members present at any hearing, (Ord. 342 (part), 1997) who may fix a time and place to which such hearing may be continued, even in the absence of a quorum, 17.80.050 Public hearing-Planning in which case the presiding officer at such hearing commission decision-Resolution shall publicly announce, prior to the conclusion of required. the hearing, the time and place to which the hearing A. Within forty days after the conclusion of a is to be continued, and no further notice shall be re- public hearing to consider a change of zoning dis- quired. In the absence of all of the members of the trict or general amendment, the commission, by commission at the time and place for which such written resolution; shall make its recoIIlIIlendation hearing was set, it shall be deemed continued to the to the council to approve, modify, disapprove, or next regular meeting of the commission, and no disapprove without prejudice the amendment, in- further notice shall be required. cluding its reasons for the recommendation, and the C. A majority in number of the total voting relationship of the proposed amendment to appli- membership of the commission shall constitute a cable general and specific plans. legal quorum for the purposes of conducting such I. For amendments initiated by application hearing. failure of the comrnision to adopt a resolution with- D. The recommendation of the commission on in the .aforementioned forty-day period shall be any change of zoning district or general amendment deemed to constitute a denial of the application. shall be by a resolution of the commission, carried 2. For amendments initiated by resolution of by the affirmative votes of not less than a majority intention of the commission or council, failure of of its total membership. A tie vote shall be consid- the commission to adopt a resolution within the ered a technical denial. aforementioned forty-day period shall be deemed to E. The commission shall have the authority to constitute a recommendation of approval of the establish any reasonable rules of procedure for the proposed amendment. conduct of such hearing. The commission may B. Within fourteen days of adopting a resolution require any person who is to testify before it to be on a change of zoning district or general amend- placed under oath, in which case the member presid- ment, the commission shall cause a copy of its ing at such hearing shall be empowered to adminis- resolution to be mailed to the applicant and to be ter such oath. forwarded IQ the council; provided, however, in the F. The commission may cause such investiga- case of change of zoning district amendments initiat- tions to be made as it deems necessary and in the ed by application, the recommendation of the com- public interest in any matter to be heard by it. Such mission to deny an application shall constitute a investigations may be made by a committee of one final decision and shall not be forwarded to the

242-94

17.80.050

council unless an appeal is filed in accordance with which the recommendation or report of the commis- the procedure set forth in Section 17 .80.060 of this sion has been unfavorable, the council may deter- chapter. (Ord. 342 (part), 1997) mine to take no further action. B. Notice of the time and place of such hearing

decision-Procedures. Section 17.80.030 of this chapter. A. When a change of zoning district amendment C. 1. Within forty days after the conclusion of the is initiated by an application, if the commission public hearing thereon, the council, by resolution, recommends against adoption of the amendment, its shall make its findings and decision whether or not decision may be appealed to the council as follows: to approve, modify, disapprove or disapprove with- 1. The applicant, or any of the applicants, within out prejudice the recommendation of the commis- ten days after the date of mailing as shown by the sion on the amendment; provided, that any modifi- postmark of the resolution mentioned in subsection cation of the amendment by the council not previ- B of Section 17 .80.050 of this chapter, or within ten ously considered by the commission during its hear- days after the expiration of the forty-day period set ing shall first be referred to the commission for forth in subsection A of Section 17.80.050 of this report and recommendation, but the commission chapter, may file in writing with the city clerk an shall not be required to hold a public hearing there- appeal from the decision of the commission. on. Failure of the commission to report within forty 2. Any interested person, other than the appli- days after the reference shall be deemed approval of cant, within ten days after the expiration of the the proposed modification. forty-day period set forth in subsection A of Section 2. In matters initiated by an application, the I 7.80.050 of this chapter may file in writing with failure of the council to make its decision within the city clerk an appeal from the decision of the forty days after conclusion ofits public hearing shall commission. be deemed to constitute a denial. B. If no appeal is filed within the time allowed D. The action of the council on such change of by the provisions of this chapter, the denial by the zoning district or general amendment shall be final. commission in a matter initiated by an application (Ord. 342 (part), 1997) shall be deemed final. C. On the filing with the city clerk of an appeal, 17.80.080 New applications-Waiting period a public hearing shall be held thereon by the coun- required. cil, which hearing shall be set and notice thereof Following the denial of a change of zoning dis- given, and decided substantially in the same manner trict or general amendment application, no applica- as set forth in Section 17 .80.070 of this chapter. tion for the same or substantially the same zone (Ord. 342 (part), I 997) change or general amendment shall be filed within one year from the date of denial of the zone change

recommendations. out prejudice. (Ord. 342 (part), 1997) A. Following the receipt of the recommendation of the commission on a change of zoning district or 17.80.090 Mapping for change of zoning general amendment, the council, or the city clerk district amendment.. when so authorized by the council, shall set a time Within ten days of approval of a change of zon- and place for a hearing on the matter, which hearing ing district amendment by the council, the city clerk shall be held not less than ten nor more than forty shall indicate the change on the official zone map. days following such receipt; provided however, in (Ord. 342 (part), 1997) matters initiated by a resolution of the council upon

242-95 (Dos Palos 9--98)

17.84.010

Chapter 17.84 17 .84.030 Violation of conditional use
permit or variance terms deemed

ADMINISTRATION AND ENFORCEMENT nnisance--Penalty. If any portion of a privilege authorized by the Sections: issuance of a conditional use permit or variance is

resolution-Payment required. shall immediately become effective and shall be

permit or variance terms of this title and shall be subject to the same pen- deemed nuisance--Penalty. alties as any other violation of the city code. (Ord.

declared unlawful-Judicial remedies. 17.84.040 Violation of title provisions

l'.esolution. remedies.

violations. structed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title,

resolution-Payment required. lished, conducted, or operated, or maintained con- Filing fees shall be paid by the applicant to the trary to the provisions of this title shall be and the city to cover the expenses of processing, posting, same is declared to be unlawful and a public nui- advertising, or other costs incidental to several pro- sance, and the matter may be abated or corrected by cedures in this title, including classification of per- court process, by action of city forces, or by the mitted uses (Chapter 17 .60); interpretations and filing of a criminal action for violation of this title, clarifications of ambiguity (Chapter 17.60);amend- ·said remedies to be cumulative. (Ord. 342 (part), ments (Chapter 17 .80); uses permitted subject to 1997) conditional use permit (Article I of Chapter 17.76); variances (Article II of Chapter 17.76); conditional 17 .84.050 Penalty fees set by council use permits and variances revocation and modifica- resolution. tion (Article ill of Chapter 17.76); and on site plan The city council shall have the authority to set by review (Section 17 .60.060). The filing fees shall be resolution, the penalty fees for the violation of any set by a resolution of the city council. (Ord. 342 provision of this title, excluding any specific penalty (part), 1997) fees.set within this title. (Ord. 342 (part), 1997)

This chapter is in addition to other provisions of Any resident or property owner in the city, and this title and other city ordinances relating to the any resident or property owner within one mile of legal status of conditions and activities in the city. the city limits shall have standing to obtain a man- (Ord. 342 (part), 1997) datory, prohibitory injunction to prevent the viola- tion of this title. {Ord. 342 (part), 1997)

(Dos Palos 9~98) 242-96