Chapter 17.04 — GENERAL PROVISIONS

Sections:

17.04.010 - Adoption.

There is hereby adopted a precise zoning plan for the City of Dunsmuir.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.04.020 - Short title.

This title shall be known as "The City of Dunsmuir Zoning Code."

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The purpose of this title is to: promote and protect the public health, safety, peace, comfort, and general welfare; promote the orderly growth of the city; protect the character and stability of residential, commercial, mixed-use, industrial, and open space areas; prevent overcrowding and undue congestion of population; provide adequate privacy and convenience of access to property; and to secure for the city and its residents safety from fire and other hazards.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The zoning or districting plan effectuated by this title consists of the establishment of various districts, including all territory within which the use of land, buildings, the space for buildings, and the height and bulk of buildings are regulated.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

• 17.04.050 - Application.

A.

No building or structure shall be erected, reconstructed, or structurally space altered in any manner, nor shall any building or land, the space above or beneath, be used for any purpose other than as permitted by, and in conformance with this title and all other ordinances, laws, and maps referred to in this title.

B.

This title shall apply to all property whether owned by private persons, firms, corporations, or organizations, and to the extent permitted by law, property of the United States of America or any of its agencies, by the State of California or any of its agencies or political subdivisions, by any authority or district organized under the law of the State of California, all subject to the following exceptions:

1.

Public streets and alleys,

2.

Underground utility lines and facilities,

3.

Underground communication lines,

4.

Overhead communication lines,

5.

Overhead electric distribution and transmission facilities, and

6.

Railroad rights-of-way.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When interpreting and applying the provisions of this title, they shall be held to the minimum requirements adopted for the promotion of the public health, safety, peace, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of the ordinance codified herein to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, maintenance, establishment, moving, alteration, or enlargement of any building or improvement. Nor is it intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties, provided, however, that in cases in which this title imposes a greater restriction upon the erection, construction, maintenance, establishment, moving, alteration, or enlargement of buildings, or the use of any such buildings or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits or by such easements, covenants, or agreements then in such case the provisions of this title shall control.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.08 - DEFINITIONS

Sections:

For the purposes of this title certain terms are defined in this chapter. If any of the definitions in this chapter conflict with definitions in other chapters of the Dunsmuir Municipal Code, these definitions shall prevail for the purposes of this title. If a word used in this title is not defined in this chapter, or other titles of the Dunsmuir Municipal Code, the most common dictionary definition is assumed to be correct.

A.

The present tense shall include the future, the singular number shall include the plural, and the plural the singular.

B.

The words "shall," "will," "must," and "is" denote a mandatory action. The word "may" or "should" indicate a permissive action.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

"Abut," "abutting," or "adjoining" all mean contiguous to or touching.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.030 - Accessory dwelling unit.

As defined in Chapter 17.116 (Accessory Dwelling Units).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A structure that is physically detached from, secondary, and incidental to, and commonly associated with the existing primary structure. Does not include any tent, trailer, recreational vehicle, or other vehicle, or any building designed or used for human habitation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A use that is conducted on the same parcel as the principal use or structure to which it is related, and which is clearly subordinate and incidental to the principal use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An area of land measuring forty-three thousand five hundred sixty (43,560) square feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any permit issued as a ministerial act by the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Facilities licensed by the California Department of Social Services as an Adult Day Program that provide non-medical care and supervision to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals, in a day care setting, on less than a sixteen (16)-hour basis.

A.

Small adult day programs provide supervision and non-medical care to six (6) or fewer adults.

B.

Large adult day programs provide supervision and non-medical care to more than six (6) adults.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.090 - Adult-oriented business.

A business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of eighteen (18) years.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A person, organization, corporation, concerned citizen, or any individual or group that demonstrates to the city council that they have an interest, either financial or otherwise, in property affected by the decision of the original decision maker. This definition is not intended to and does not confer standing to maintain an action in a court of law where standing would not otherwise exist.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A place on land or water, where aircraft may land and take off, receive and disembark passengers or cargo, take on fuel, purchase accessories, or obtain service or repair. Includes appurtenant areas, buildings, facilities, and rights-of-way necessary to facilitate such use or intended use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.120 - Alcoholic beverage sales.

A.

"On-sale alcoholic beverage sales" means the retail sale of beer, wine, liquor, and/or other alcoholic beverages for on-site consumption as the principal use, typically with a Type 42 or 48 ABC license. This definition shall not include uses wherein the sale, offer, or dispensing of alcohol is incidental to the conduct of a permitted or conditionally permitted use, such as hotels, restaurants, theaters, and playhouses.

B.

"Off-sale alcoholic beverage sales" means the retail sale of beer, wine, liquor, and/or other alcoholic beverages for off-site consumption as the principal use. This definition shall not include uses wherein the sale of alcohol is incidental to the conduct of a permitted or conditionally permitted use, such as grocery stores and supermarkets.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A public way permanently reserved as a secondary means of access to abutting property at the rear or sides thereof.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Emergency medical care and transportation, including incidental storage and maintenance of vehicles.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A facility where domestic animals are housed, fed, and cared for, excluding an animal hospital or veterinary clinic, for a period greater than twenty-four (24) hours for commercial purposes.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A fixed or mobile facility where domestic animals are trimmed, bathed, or groomed other than by the owner on a regular basis for compensation (no boarding).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An enclosed building or buildings where animals are brought for medical and surgical treatment and are held during the time of such treatment, including overnight. Grooming of animals and pet food sales are permitted as accessory to the medical use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A person who is required to file an application for a permit or license under this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A piece of land that can be definitively described and located with specific boundaries.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Manufacture of crafts, art, sculpture, jewelry, apparel, candles, and similar items using hand tools and small mechanical devices (e.g., drills and saws, hammers and chisels, paint brushes and sprayers, pottery wheels and kilns, sewing machines, spinning wheels, etc.) and the incidental direct sale to consumers of only those goods produced on-site. Where there are no incidental direct sales to customers, the use may be considered an "artist studio" or "handcraft industries."

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An establishment engaged in the creation of art or crafts that requires artistic skill. Such an establishment may participate in periodic open studios (a maximum of six (6) days per year) but is otherwise subject to the applicable zoning district's limitations on retail sales. Artist studios may include rehearsal spaces not designed for public performances. Examples of persons typically engaged in this work include woodworkers, potters/ceramicists, costume makers, set designers, stained-glass makers, glassblowers, textile artists and weavers, jewelry makers, painters, fine art printmakers, photographers/filmmakers, leather workers (no tanning), metal workers, musical instrument makers, model makers, papermakers, installation artists, sculptors, video artists, and other makers of art and crafts consistent with this definition. The use of computers in an activity does not by itself prevent its classification as an artist studio. This use excludes architectural and landscape services, industrial or graphic design services, computer systems design services, and other commercial activities normally conducted in an office environment. See "artisan crafts manufacturing" for artist studios that include the incidental sale of goods made on-site.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with allowed use provisions.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Retail establishments selling and/or renting automobiles, trucks, vans, motorbikes, recreation vehicles, and motorized boats. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Stores that sell new and reconditioned automobile parts and accessories. Does not include installation of parts or vehicle repair.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as: dispensing of automotive fuel and motor oil; tire sales and service, not including recapping; battery service, charging, and replacement, not including repair and rebuilding; lubrication of motor vehicles; brake servicing; wheel balancing; and minor automotive repair. May include drive-through car washes as an accessory use to fuel sales. Does not include the storage or repair of abandoned, wrecked, or dismantled vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any structure made of a flexible fabric or similar material covering a metal frame attached to a building, whether or not the same is so erected as to permit its being raised to a position flat against the building when not in use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Financial institutions including: banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity), and leasing agencies.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A single residential property with up to five (5) bedrooms rented for overnight lodging, where at least one (1) meal is provided to overnight guests only subject to applicable Health Department regulations. A bed and breakfast inn with more than five (5) guest rooms is considered a hotel or motel.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building, structure, or portion thereof in which are located three (3) or more tables designed or used for pool, billiards, bagatelle, snooker, bumper pool, or similar games.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

All property fronting upon one side of a street, between intersecting and intercepting street, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street that it intercepts.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A restaurant with an on-site brewery that sells a minimum of twenty-five (25) percent of the beer brewed on-site for on-premises consumption.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or property.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The land area covered by a building as measured at its perimeter foundation walls including any roofed area that may not have perimeter foundation walls.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The exterior building wall of a ground floor business establishment on the side of the building that fronts or is oriented towards a public street, highway, or parkway. "Building frontage" shall be measured continuously along the building wall for the entire length of the business establishment, including any portion not parallel to the remainder of the wall.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The vertical distance from the average base elevation to the highest point on the structure, excluding chimneys, antennae, and similar nonstructural elements. Average base elevation is determined by taking the elevation of the lowest point at the ground and the elevation of the highest point at the ground and finding the average. This definition is not intended to preclude applicable usage of the definition in the building code(s) adopted by the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The percentage of land area covered over by the building footprint or land use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Retail establishments selling lumber and other large building materials, where most display and sales occur indoors but outdoor storage is typically required. Includes paint, wallpaper, glass, and fixtures. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Hardware stores are considered "retail sales."

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The individual in charge of the City of Dunsmuir Building Department or responsible for performing the city's building inspections.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The portion of a parcel of land, in a single or joint ownership, occupied or to be occupied by a building, together with such setbacks as are required by the terms of this zoning ordinance and having its principal frontage on a public street, road, or highway.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A small structure designed for the protection and convenience of waiting transit passengers that has a roof and usually two (2) or three (3) sides.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A land use or activity established for the purposes of commerce and as a means of generating revenue or income.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any day the city's offices located at 5915 Dunsmuir Avenue, Dunsmuir, California, are open to the public.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An office where common business services are provided to the general public, such as consumer services, insurance, real estate, tax preparation, travel, utility company offices, etc. These uses typically have a higher rate of walk-in traffic than a professional office and visits are often made without an appointment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes: blueprinting business; equipment repair services; commercial art and design (including production); computer-related services (rental, repair); copying, quick printing, and blueprinting services; equipment rental businesses located entirely within buildings; heavy equipment repair services where repair occurs on the client site; janitorial services; mail advertising services (reproduction and shipping); mail box services; notary services; advertising services; photocopying and photofinishing; soils and materials testing laboratories; and window cleaning.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Permanent, drive-through, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Does not include temporary car washes which are fundraising activities typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one (1) day.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A residence that is accessory to a non-residential primary use of the site, where needed for security, twenty-four (24)-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A metal or similar rectangular container designed for the temporary storage and transportation of goods on rail cars, truck beds, and ships.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A structure that is attached or detached from another building, and that is open on at least two (2) sides with a covering for vehicle storage.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Land used for the storage of the deceased, and dedicated for cemetery purposes, including crematories, columbaria, and mausoleums.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The line located equidistant from the edges of an easement or right-of-way. Centerline of a road right-ofway or easement does not necessarily mean the center of the physical location of the road.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A temporary outdoor gathering of individual retailers primarily focused on the sale of fresh produce, but also including other foods, beverages, handicrafts, art objects, and similar items.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Facilities included in this definition manufacture three general classes of products: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Real property over which the City of Dunsmuir: (1) has fee title, an easement (including a public right-ofway), a leasehold interest, or other legal interest; and (2) has the present right of possession and control.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The clear vision area (sometimes called the "sight triangle") formed by measuring twenty (20) feet along two intersecting streets from the point of intersection, and diagonally connecting the ends of the two lines (see Figure 17.08-1). Visual obstructions within this area are strictly managed so that drivers stopped at or approaching an intersection can see pedestrians and oncoming traffic.

==> picture [120 x 72] intentionally omitted <==

Fig. 17.08-1, Clear Vision Triangle

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics and related materials, including fur, leather, plastics, and rubberized fabrics, and which does not include the on-site sale of products to the end consumer. Does not include custom tailors and dressmakers not operating as a factory.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any tangible personal property which has an enhanced value because of its rarity and which is commonly bought, sold, or exchanged among collectors and shall include such things as rare coins, stamps, and jewelry.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

"Commercial cannabis business" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis, medical cannabis or a cannabis or medical cannabis product, except as related Business and Professions Code Section 19319, and as it may be amended or Health and Safety Code Sections 11362.1 through 11362.45 and as they may be amended.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A motor vehicle used for commercial, industrial, or agricultural purposes and rated more than one (1) ton capacity. Examples of commercial use vehicles include but are not limited to; tow trucks, flat-bed trucks, mobile food preparation vehicles including large trucks converted as food vehicles, street sweepers, buses, utility trucks with hydraulic arms or lifts, and tractors and semi-trailers, etc.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A parcel or parcels that are part of a subdivision, which are retained in the common ownership of the property owners of the subdivisions for common use or development.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Multipurpose meeting and recreational facilities owned and maintained by a public agency and typically consisting of one (1) or more meeting or multipurpose rooms, kitchen, and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A site where flowers, fruits, herbs, nuts, seeds, and/or vegetables are cultivated by individuals of a neighborhood.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any building maintained by a governmental authority or not-for-profit agency used for supplementary educational services, employment assistance, food services, and/or constructive recreational activities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Food service establishments operated from permanent structures, and generally associated with athletic and recreational facilities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A facility used for the delivery of limestone aggregate, sand or screenings, cement and water into mixer trucks as part of the concrete manufacturing process. This facility may contain a system of conveyor belts, chutes, storage silos, stockpile areas, water and air systems, and weight scales and meters for the accurate dispensing of the raw materials to produce the desired strength and type of concrete. A concrete batching plant or ready-mix concrete plant facility includes queuing and parking spaces for trucks, materials handling equipment, and administrative, control and office buildings.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A land use permit issued in a zone for uses that have the potential to be incompatible with neighboring land uses and zoning, and are to be permitted, but may be denied, following a public hearing in which interested parties have the opportunity to comment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a building on such real property.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The physical development of a parcel, including site excavation and grading, framing, and finishing, up to the point of final inspection, use, or occupancy, whichever occurs first.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Analog or digital electronic equipment intended for everyday entertainment, communications, and recreation use. Consumer electronics include but are not limited to home or portable audio and video

equipment, audio and video equipment for boats and automobiles, camcorders, cameras, drones, electronic musical instruments, karaoke machines, game consoles, GPS instruments and software, personal computers, mobile phones, smart appliances, smart watches, virtual reality goggles, and other wearable technology.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Easy access retail stores of five thousand (5,000) square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A lot that has two (2) or more parcel lines contiguous to a public street.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in Chapter 17.96 (Live Work Units and Home-Based Businesses).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A business, not exceeding ten thousand (10,000) square feet in gross floor area, engaged in on-site commercial production of beverage and/or food products to a final form employing batch-processing or handcrafting using traditional methods, and that distributes to customers on-site via product tasting and direct sales and/or offsite to retailers and wholesalers. Typical uses include but are not limited to artisan cheesemakers, bakeries, chocolatiers, coffee roasters, condiment makers, confectioneries, ice cream shops, microdistilleries, nanobreweries, and any other craft beverage manufacturing. Does not include water bottling.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes commercial cannabis and uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

That portion of a structure that is used for the purposes of transacting business, purchasing, or selling products or services, and does not include any portion of the structure used for warehousing or storage that is inaccessible to public use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Granting or denying a permit under this title means the date on which the decision is announced or a final vote is taken.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.770 - Density.

A.

For residential use, "density" means the number of dwelling units per acre.

B.

For non-residential development, "density" means the percentage of lot coverage.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A density increase over the otherwise maximum allowable residential density under the applicable land use designation and zoning district.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The exchange of permitted density within a proposed development so that the number of parcels or lots created are equal to the number permitted by the General Plan, but individual lots or parcels are potentially smaller than the minimum parcel size requirement.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Refers to agreements entered between developers and the city pursuant to Government Code Section 65864 et seq. as those sections exist or are hereafter amended or renumbered.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing

congregate bath and/or dining facilities or rooms.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Facilities where food, products, or services may be purchased by motorists without leaving their vehicles, including but not limited to drive-thru restaurants and coffee shops, banks, pharmacies, and other businesses with drive-up windows, and automated car washes.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in Chapter 17.68 (Historic Preservation).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A single building containing two (2) independent dwelling units separated from each other by a wall, floor, or ceiling; provided, however, that a building containing a single-family dwelling and a lawful accessory dwelling unit or junior accessory dwelling unit shall not be deemed a duplex.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Three (3) or more detached single-family dwellings occupying a parcel of land, in one (1) ownership and having a yard court in common, but not including manufactured home parks, hotels, motels, and transient occupancy uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building or portion of a building designed for, or occupied exclusively by, persons living as one (1) household.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any legal right defined as an easement in the California Code of Civil Procedure Section 800 et al. Generally, an easement is a right to the use of another's land.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or households may be denied emergency shelter because of an inability to pay. "Emergency shelter" also includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

"Small employee housing" means housing for employees consisting of six (6) or fewer persons in a singlefamily dwelling.

B.

"Large employee housing" means housing for employees consisting of no more than thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single family or household.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A permit issued by a government agency to allow private work within publicly owned property (e.g., to connect with a city street).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

All uses related to outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials. Excludes storage associated with vehicle service and equipment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any room, place, or space that the primary business is to routinely rent or make available to members of the public for general social purposes such as weddings and wedding receptions, birthday parties, celebrations, gatherings, and similar events.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.940 - Explosives.

Includes any chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, and that contains any oxidizing and combustible units, packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing effects on contiguous objects or of destroying life or limb.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

See definition of "Household."

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A state licensed facility that provides non-medical care and supervision of minor children for periods of less than twenty-four (24) hours within a single-family residence.

A.

In small family daycare homes, the occupant of the residence provides care and supervision generally to six (6) or fewer children. As described in the California Health and Safety Code, small family daycare homes may provide services for up to eight (8) children when specific conditions are met.

B.

In a large family daycare home, the occupant of the residence provides care and supervision generally for seven (7) to fourteen (14) children. As described in the California Health and Safety Code, large family daycare homes may provide services for up to sixteen (16) children when specific conditions are met.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A structurally sound barrier constructed of posts, supports, and cross members that serves as an obstruction to mark property lines or delineate or restrict access to a portion of property.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any area of land, building, structure, or portion kept, used, or maintained in whole or in part for the shooting or discharge of firearms and/or weapons.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any establishment which sells or offers for sale firearms. Does not include the sale of ammunition, firearms parts and accessories, hunting supplies, reloading equipment and supplies, targets and other shooting

supplies, or FFL transfers.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The net floor area of a building or buildings on a lot divided by the lot area or site area.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Manufacturing establishments that produce or process foods and beverages for human consumption, and certain related products. Includes coffee roasters; dairy products, fats, and oil manufacturing; curing, preserving, and related processing; fruit and vegetable canning; microbreweries; juice and soft drink production; grain mill products and by-products; wholesale bakeries; water bottling plants; and

miscellaneous food item preparation from raw products. Uses are predominantly wholesale although may include tasting rooms and accessory retail sales of food or beverages produced on site, such as a taproom. Does not include retail bakeries or the brewing of beer or the distilling of spirits as part of a nanobrewery, brew pub, microdistillery, or restaurant.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A yard extending across the front of the lot between the side lot lines and measured from the front lot line to the building or structure wall.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A large-scale facility where fuel, such as propane and gasoline, is stored and distributed without retail sales.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Manufacturers producing cabinetry and shelving; draperies, blinds, and shades; household, office, and store furniture; mattresses and foundations; and rugs and carpets. Includes furniture reupholstering businesses, but not sawmills or planing mills.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A covered space that can be accessed from a public or private roadway for the storage of automobiles. Each parking space shall have a minimum area of ten (10) feet by twenty (20) feet. If attached to the main building, such garage shall meet the requirements of this title applicable to the main building. If detached

from the main building, the garage shall meet the requirements for an accessory structure. This definition does not replace the definition of a garage in the California Building Code.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A temporary garage, yard, lawn, patio, or similar-type sale held anywhere on the premises in a residential zone or when incidental to residential use in a mixed-use zone for the purpose of disposing of personal property.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials), yard tools, and equipment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1080 - General Plan.

The City of Dunsmuir General Plan as currently adopted, including all amendments.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The parcels of land surrounding or near a subject property that have the potential to be affected by the proposed land use or land usage of the subject property. General vicinity or proximity cannot be defined by a specific distance or direction in that one type of land use may impact a greater area than another type of land use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Manufacturing establishments larger than ten thousand (10,000) square feet that produce flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1110 - Grocery store, supermarket.

A retail business where a majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The total number of dwelling units per acre, based on the minimum lot size, using the total acreage of the undeveloped site before public rights-of-way or other dedications are factored in.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The total square footage of a structure as measured around the exterior perimeter including any non-walled areas under roof and any outside storage or sales areas.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Small-scale manufacturing establishments that manufacture and/or assemble small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, art and craft products, musical instruments, brooms and brushes, pens, pencils, and stationary, costume novelties, toys, sporting goods, and taxidermy.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including: medical and dental laboratories, medical, dental, psychologists, and psychiatrists, out-patient care facilities, other allied health service. Includes complementary and alternative medical services such as acupuncture, chiropractic medicine, energy therapies, herbal medicine, and ayurvedic medicine.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Vegetation other than trees that block at least fifty (50) percent of light passage, is four (4) feet or more in diameter or width within two (2) feet of ground level, and has the purpose or effect of obscuring or blocking casual viewing through it.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A designated, marked area on the ground or the top of a structure where helicopters may land at any time.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A state or federal route as defined by the State of California Department of Transportation (Caltrans) or the Federal Highway Administration.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in Chapter 17.96 (Live Work Units and Home-Based Businesses).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A facility or program designed to provide a caring environment for supplying the physical and emotional needs of the terminally ill.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Medical centers and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other health services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include onsite accessory clinics and laboratories, accessory retail uses, and emergency heliports. Does not include "ambulance service", which is defined separately.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any building, portion thereof, or group of buildings licensed or otherwise recognized by a national or international hostel organization that contains five (5) or more guest rooms or suites, or that provides dormitory sleeping accommodations for five (5) or more overnight guests for the purpose of providing lowcost accommodations for recreational travelers. The hostel shall contain a kitchen, communal eating facilities, and sanitary facilities for use by the guests.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Commercial facility that contains five (5) or more guest rooms, suites, cabins, and/or chalets provided with or without kitchen facilities, rented to the general public for transient lodging (less than thirty (30) days). Often includes a variety of guest services in addition to lodging (e.g., restaurant, swimming pool, meeting facilities, personal services, etc.). Hotels typically provide access to guest rooms from an interior walkway, and motels typically provide access to guest rooms from an exterior walkway.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Compliance with a request to relieve the city of liability, or to accept the costs for defending the city, from any action brought as a result of the project.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Establishments providing indoor entertainment services for a fee or charge, including but not limited to billiard parlors, bingo parlors, bowling alleys, and electronic game arcades as a primary use. An establishment or premises with more than ten (10) electronic games or coin-operated amusements and/or where fifty (50) percent or more of the floor area is occupied by amusement devices is considered an electronic game arcade as described above. Ten (10) or fewer machines are not considered a land use separate from the primary use of the site.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A center where exercises and related activities are performed entirely within an enclosed building for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Typical uses include athletic clubs, gyms, indoor ball courts, fitness centers, indoor climbing facilities, and yoga studios.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in Chapter 17.116 (Accessory Dwelling Units).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Includes but is not limited to, trash; refuse; paper; glass; cans; bottles; rags; ashes; trimming from lawns, yards, trees, and shrubbery, including plants and leaves; and other solid waste or salvageable materials other than garbage; inoperable appliances, parts, tools; inoperable and unregistered vehicles; vehicle parts; vehicle hulks; discarded furniture; dirt; rocks; and materials from the demolition, alteration or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration or construction are being used for purposes of fill.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any room or portion thereof containing facilities designed or used for the preparation of food, including but not limited to stoves, ranges, or hotplates.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1310 - Landscaping.

The replacement of developed or excavated areas of a parcel with introduced new living vegetation, shrubbery, trees, ground cover and combinations thereof.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The terminology, words, mapping, or language contained in a deed or other legal document describing the location of a parcel of land or location of an easement.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A public, nonprofit facility, room, or building containing printed information, electronic information, and pictorial material, such as books, manuscripts, computers, recordings, or films, which are kept for use by or loaning to patrons of the facility but are not normally offered for sale.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in Chapter 17.96 (Live/Work Units and Home-Based Businesses).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The interior habitable area for a dwelling unit, including basements and attics.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A legally established parcel of land mapped or otherwise described. May also mean a parcel established for tax purposes, sometimes called an assessor's parcel.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The percent of lot area covered by all building footprints.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The average distance from the property line fronting a road or road easement to the rear or opposite property line.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The length of a lot or parcel of land along or fronting on a street or other principal thoroughfare but not including such length along an alley, watercourse, railroad right-of-way or limited access roadway or interstate.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Any legally described parcel line, as follows:

1.

"Front lot line" is the shortest property line along the road or road easement.

2.

"Side lot line" is the property line intersecting with the front lot line and dividing the parcel from other adjacent parcels or another public street.

3.

"Exterior lot line" is the property line intersecting with the front lot line and contiguous with a public street on a corner lot.

4.

"Interior lot line" is any property line dividing the parcel from other adjacent parcels.

5.

"Rear lot line" is the property line opposite the front lot line.

B.

In the case of an irregularly shaped lot, the city planner shall determine the front and side lot lines in such a manner as to best promote the orderly development of the immediate area.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The distance from one side property line to the other side property line measured along the building setback line.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1420 - Lumber and wood product processing facility.

Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building that is designed for or in which is conducted the principal use of the lot and/or building site on which it is situated.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in the California Health and Safety Code Section 18007, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred and twenty (320) or more square feet, is built on a permanent chassis and designed to be used as a singlefamily dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any area of land or property that has at least two (2) mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Commercial arts and art-related business services including audio and film recording and editing studios and services, film and video production, photographers and photography studios, radio and television broadcast, special effects production, titling, video and film libraries, and similar uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets, and enclosures, metal doors, and gates, and similar products, blacksmith, and welding shops, sheet metal shops, machine shops, and boiler shops.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A brewery that produces less than fifteen thousand (15,000) barrels of beer per year and sells seventy-five (75) percent or more of its beer off-site.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A business where less than fifty thousand (50,000) proof gallons of distilled spirits are manufactured (distilled, rectified, or bottled, blended), packaged, and distributed for wholesale and/or retail distribution annually and which includes the incidental direct sale to consumers of only those goods produced on-site.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A type of mixed-use development that has at least two (2) uses, each occupying a minimum of thirty (30) percent of the gross floor area of the building.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

More than one type of land use within a building, set of buildings, or area. See also "vertical mixed-use development."

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1520 - Mobile food commissary.

As defined in Chapter 17.112 (Mobile Food Sales).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1530 - Mobile food court.

As defined in Chapter 17.112 (Mobile Food Sales).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1540 - Mobile food vendor.

As defined in Chapter 17.112 (Mobile Food Sales).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in the California Health and Safety Code Section 18008, a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on-site, is three hundred and twenty (320) or more square feet, is built on a permanent chassis and designed to be used as a single-

family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mobile home includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobile homes in effect at the time of construction. Mobile home does not include a commercial modular, as defined in Health and Safety Code (HSC) Section 18001.8, factory-built housing, as defined in HSC Section 19971, a manufactured home, as defined in HSC Section 18007, a multifamily manufactured home, as defined in HSC Section 18008.7, or a recreational vehicle, as defined in HSC Section 18010.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building or a portion of a building designed and intended for occupancy by three (3) or more households living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A brewery that produces no more than three (3) barrels of beer in one batch and no more than two thousand (2,000) barrels annually.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The total number of dwelling units per acre, based on the minimum lot size and acreage of the site, but excluding land area devoted to public rights-of-way and other dedications.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The area or land remaining after any required public dedication.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1610 - Nonconforming building or use.

A.

"Non-conforming building" means a structure that does not conform to present regulations.

B.

"Nonconforming use" means a land use which does not conform to present regulations.

C.

"Legally existing" means a use that predates present regulations but was legally constructed or established at the time the use or construction first commenced.

D.

"Grandfathered" is a colloquial term means the same as "legally existing" non-conforming building or use as described in subsection C above.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The establishment of a use within a structure or upon a parcel of land, including and not limited to installing display fixtures in a completed structure, stocking of inventory, or commencing temporary or permanent residency, whether or not a structure has been subject to an approved final inspection or a certificate of occupancy. Each separate use of property carried on at all or a portion of a building parcel is a separate occupancy.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway or any other type of public way which planned right-of-way is based on the general plan of the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An improvement, feature, or action located or occurring on property separate from the property under discussion.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An improvement, feature, or action located or occurring on the property under discussion.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The portion of the lot or parcel from the ground upward that is unoccupied by buildings, structures, parking lots and driveways, except as otherwise permitted by city code. Clubhouses, recreation buildings, pools, saunas, interior walkways, paths, and similar amenities may be included in open space.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Facility for various outdoor sports and recreation activities where a fee is charged for use, including amusement and theme parks, golf driving ranges, miniature golf courses, skateboard parks, swim and tennis clubs, waterparks, and similar uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre-manufactured paper. Does not include the manufacturing of pulp, paper, or paperboard.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An area or structure used for the temporary storage of vehicles.

A.

"Parking space" means an unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one (1) motor vehicle.

B.

"Public parking" means a parking lot or parking space located on public or private property, which generally is advertised, designated, or otherwise available for public use.

C.

"Private parking" means a parking lot or parking space located on private property, which, generally, is not available for public use, except with the specific permission of the property owner.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Public parks, play lots, playgrounds, and athletic fields for neighborhood or community use, including swimming pools, ball fields, bocce courts, basketball, tennis, pickleball, and handball courts.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Means any formal application submitted to the city for land use or development permit or action that has been deemed complete but has not yet been acted upon/finally decided by the designated authority, including any appeal determination.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An authorization to proceed issued by the city for a specific activity.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Establishments providing non-medical services as a primary use, including barber shops and beauty salons, catering (excluding onsite mobile food sales and commissaries), cleaning services, costume and clothing rental, day spas, guide services, shoe and small item repair, locksmiths, licensed massage therapy, self-service laundromats, small equipment maintenance and repair, and tailors. These uses may also include limited accessory retail sales of products related to the services provided.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A retail store engaged in the sale of prescription drugs and medicine, carrying related items such as vitamins, cosmetics, personal care, and toiletries and such unrelated items as tobacco, alcohol, and novelty merchandise.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Facility operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations are classified according to their respective activities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The City of Dunsmuir Planning Commission, appointed by the City of Dunsmuir City Council in compliance with Government Code Section 65101.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A use which does not require the issuance of a conditional use permit, but which may be subject to a building permit, business license, and other required permits. Where more than one use is located on the parcel, the principal use is that activity to which the greatest amount of floor and/or ground space is devoted.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

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

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Private educational institutions, including but not limited to: preschools, elementary, middle, junior high, and high schools, homeschooling cooperatives, business, secretarial, and vocational schools, folk schools, colleges and universities, establishments providing courses by mail or online, professional schools (law, medicine, etc.), and seminaries/religious ministry training facilities. Includes schools offering specialized programs in art, communication, dance, design, drama, driver education, emergency response and preparedness, environmental education, health and fitness, finances, flight training, food preparation, gardening, language, management, massage, music, self-defense, outdoor recreation, technology, and wilderness survival. Does not include boarding.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An office-type facility occupied by a business that provides direct professional services and/or is engaged in the production of intellectual property. Examples of these uses include, but are not limited to accounting, auditing, and bookkeeping services, advertising agencies, architects, attorneys, commercial artists and graphic designers, construction contractors (office only), consultants, counselors, designers, engineers, financial counseling, management and public relations services, private investigators, social workers, surveyors, therapists, and title and escrow companies.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.1820 - Project.

Proposed development or a new land use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A legal boundary of parcel land.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A political subdivision of the federal, state, or local government or its departments, or governmental jurisdictions or districts.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A land use maintained by a public agency or private non-profit organization that provides a service to and benefits the public, including but not limited to animal shelters, bus shelters, chamber of commerce, city hall, community center, community resource center, corporation yards, historical society, library, museums, municipal offices, park and ride facilities, public parking, public safety facilities, public restrooms, public schools, and visitor centers. Does not include wastewater treatment plants or airports.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A nuisance that unreasonably interferes with a right that is common to the general public.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer, and/or other public uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A facility operated by a public agency, including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. Does not include airports or firearms qualification and training facilities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Public educational institutions including, but not limited to elementary, middle, junior high, and high schools, community colleges, colleges and universities, and military academies.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Services needed for development of a parcel of land. This may include, but is not limited to water, wastewater, phone, electricity, gas, and internet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A public agency or private business that provides a general service to the public, such as telecommunications, electricity, water, or other services.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A yard extending across the full width of the rear portion of the lot and measured between the rear line of the lot to the building or structure wall.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1.

It contains less than three hundred and twenty (320) square feet of internal living room area, excluding builtin equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2.

It contains four hundred (400) square feet or less of gross area measured at maximum horizontal projections;

3.

It is built on a single chassis; and

4.

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

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A site where two (2) or more spaces are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each RV space. May include accessory retail uses when such retail is clearly incidental and intended to serve recreational vehicle park patrons only.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that may occupy more than five hundred (500) square feet and include permanent structures. Facility does not use power-driven processing equipment except for compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and material shipment. Does not include automobile dismantling or processing of hazardous materials.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A facility licensed by the State of California that provides twenty-four (24)-hour non-medical care for more than six (6) persons eighteen (18) years of age or older, or emancipated minors, with chronic, lifethreatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group care homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Uses that otherwise meet this definition, but which do not provide licensable services, are allowed as a single-family residential use of property subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single-family residential uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A home licensed by the State of California that provides twenty-four (24)-hour non-medical care for six (6) or fewer persons eighteen (18) years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group care homes, rest homes, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Uses that otherwise meet this definition, but which do not provide licensable services, are allowed as a single-family residential use of property subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single-family residential uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

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

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Facility related to active or passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Personal service establishments that are dispersed to minimize their potentially blighting impact on surrounding land uses, including: check cashing services; fortune tellers, palm readers, psychics, and similar services; and tattooing, piercing, and similar services. These uses may also include accessory retail sales of products related to the services provided.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Stores and shops that are dispersed to minimize their potentially blighting impact on surrounding land uses, including firearm sales, alcoholic beverage sales, retail cannabis sales, secondhand sales, thrift stores, and tobacco and vape shops.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A restaurant, brewpub, delicatessen, bakery, coffee shop, or other retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. Outdoor dining is permitted pursuant to Section 17.92.170 (Commercial outdoor dining and seating) as an incidental activity to a retail food establishment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Stores and shops selling multiple lines of merchandise (indoor sales only, except as otherwise permitted). These stores and lines of merchandise include: apparel, art galleries, art supplies, automobile parts and supplies, bakeries (including production), bicycles, books, cameras, clothing and accessories, craft and hobby supplies, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings, household supplies, general stores, gift and souvenir shops, hardware stores, jewelry, leather goods, luggage, musical instruments, orthopedic supplies, personal electronics, pet food and supplies (no pets), pharmacies, small wares, specialty shops, sporting goods and equipment, stationery, toys and games, and variety stores.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A place in which junk, salvaged materials, or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An attached or detached dwelling unit constructed prior to January 1, 2017, which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. Includes granny flats.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Indoor retail establishments that require a secondhand dealer license from the state, as provided in the California Business and Professions Code Sections 21625 - 21647, or where at least ten (10) percent of the products offered for sale are used.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The distance by which a structure, parking area, or other development feature must be separated from a lot line, other structure, or development feature, or street centerline.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A retail commercial business consisting of three (3) or more retail tenants having shared parking facilities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

As defined in Chapter 17.100 (Short-Term Rentals).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A yard between the sideline of the lot and the building or structure wall and extending from the required front setback to the required rear setback.

A.

"Exterior side yard" means the side yard that is adjacent to a public street on a corner lot.

B.

"Interior side yard" means the side yard that is adjacent to another lot on an interior or corner lot.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.2110 - Sign.

As defined in Chapter 17.80 (Signs).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building designed exclusively for occupancy by one household on a single lot. This classification includes manufactured homes.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.2130 - Small equipment maintenance and repair.

Establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An event, or series of related events, of cultural, civic, economic, social, recreational, or educational nature sponsored by an individual or individuals, a non-profit organization or community group, charitable organization, or for-profit organization or group, that is: (1) held wholly or partially on property owned or maintained by the city; or (2) held on any other property, and that requires for its successful execution, the partial or complete closure of streets or sidewalks or the provision and coordination of municipal services to a degree over and above the level that the city normally provides. Special event also includes any other organized activity that involves the use of, or has a direct or indirect impact on, public property or facilities or that can reasonably be foreseen to have such an impact on, or to require a higher level of, public safety services or other municipal services, including advance planning services, than that normally provided by the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A split-zoned parcel is a parcel to which two or more zoning districts apply. This does not include overlay zones.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Equipment commonly used by a participant in a sporting or recreational event or activity, not including motorized vehicles or firearms.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses. Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Indoor storage. The storage of various materials entirely within a structure as the primary use of the structure. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

B.

Outdoor storage. The storage of various equipment and materials outside of a structure as a principal use, such as vehicle storage. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For purposes of this title, the term "structure" includes "buildings".

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any dwelling unit or a group living accommodation that is occupied by the target population as defined in subdivision (d) of Section 53260 of the CA Health and Safety Code with no limit on length of stay, that is linked to on-site or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A brewery that sells twenty-five (25) percent or more of its beer for on-premises consumption and does not operate full food service. The beer is brewed primarily for sale in the taproom and is often dispensed

directly from the brewery's storage tanks.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A building or structure to be utilized for a permitted use applicable to a parcel of land, which is crafted of impermanent materials, such as poles and awning or similar materials.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A land use defined as accessory to a permitted or conditionally permitted land use that: does not permanently change the character or physical facilities of the premises or property; is in keeping with the purposes of the zoning district where it is located; and which may occur on the property for a period not to exceed twelve (12) calendar months. Some provisions of this title may provide more precise land use standards for longer or shorter temporary uses in accordance with the provisions of the applicable chapter of this code. In no case shall a temporary use be permitted for any period to exceed a total of twenty-four (24) calendar months unless overall public health and safety are clearly demonstrated to the city at the time of initial issuance.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Indoor facilities for public assembly and group entertainment, where seats are arranged so that spectators have an unobstructed view of performers on a stage or movie screen(s). Includes concert halls, auditoriums, movie theaters, playhouses, and similar facilities devoted to the live performances of music, dance, plays, orations, and other stage performances and/or the showing of projected motion pictures and videotapes. Does not include adult-oriented businesses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A single-family dwelling of two (2) or sometimes three (3) stories that is typically connected to a similar dwelling or dwellings by a common sidewall.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A dwelling unit, room, or space occupied by paying guests for periods of less than thirty (30) days.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any dwelling unit or a group living accommodation configured as a rental housing development but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The placement of individual light sources at the base of architectural details or points of interest, typically around the perimeter of a space, to draw attention to those details.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Pipelines for water, gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices, service centers, or distribution substations.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A discretionary entitlement that permits the departure from the strict application of the development standards contained in this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Storage of operative and inoperative vehicles for limited periods of time. Includes storage of parking towaways, impound yards, and storage lots for automobiles, trucks, vans, boats, and recreational vehicles. Does not include vehicle dismantling or retail sales.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A business specializing in the provision of two (2) or more vehicles and drivers to the general public for the purpose of transportation (e.g., taxi service). May also include a business office and the maintenance, minor repair, and on-site storage of vehicles for hire. Does not include automobile rental services.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The physical means by which an individual in a vehicle is able to enter upon or exit public or private property from a street. "Ingress" (to enter) and "egress" (to exit) are words describing the type of access.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A multistory mixed-use building that contains one (1) or more nonresidential use at street level and residential use on the upper floor(s).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An enclosed building or buildings where medical care is provided for animals. Does not include overnight accommodations or outside runs or kennels. Grooming of animals and pet food sales are permitted as accessory to the medical use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The selling of commodities in large quantities to retailers rather than directly to consumers, but not including the storing and/or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.08.2370 - Wireless telecommunications facility.

As defined in Section 17.120.020 (Definitions).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The area between a property line and structures on residential lots.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A portion of the territory in the city within which territory certain uniform regulations and requirements, or various combinations thereof, apply pursuant to this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.12 - DISTRICTS GENERALLY

Sections:

A.

Zoning Districts. The districts established by this title are as follows:

• R-1 Low Density Residential

• R-2 Medium Density Residential

• R-3 High Density Residential

• MU-1 Residential Mixed Use

• MU-2 Neighborhood Mixed Use

• MU-3 Central Mixed Use

• T-C Town Center

• S-C Service Commercial

• L-M Light Manufacturing

M Manufacturing

• O-S Open Space

• P-F Public Facilities

• P-D Planned Development

B.

Combining Districts. In addition to the foregoing base zoning districts, the following combining districts are established:

H Historic

C.

The permitted uses and development standards for each zoning district and combining district are set forth in this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.12.020 - Zoning map.

The designations, locations, and boundaries of the districts established are delineated upon the map entitled "City of Dunsmuir Zoning Map", which map and all notations and information thereon are made a part of this title by reference. The zoning map is on file in the office of the city clerk. Any land within the incorporated limits of the city, now or in the future, and not designated or indicated on the zoning map shall be placed in the proper zoning district by initiation of amendment procedure as set forth in Chapter 17.136 (Amendments).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Where any uncertainty exists as to the correct location of any zoning district boundary shown on the zoning map referred to under Section 17.12.020 (Zoning map), the following rules apply:

1.

Zoning district boundaries shown as approximately following the property line of a parcel shall be construed to follow the property line.

2.

Zoning district boundaries shown as following roads or other rights-of-way, or natural features such as creeks shall be construed to follow the centerline of the roads, rights-of-way, or creeks.

3.

When zoning district boundaries do not follow property lines, roads, rights-of-way, or natural features, the planning commission shall establish and clarify the correct location of uncertain zoning district boundaries according to the purpose of this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Territory annexed to the city and not shown as part of the city by the zoning map herein, shall upon the effective date of such annexation be classified and zoned as Low Density Residential (R-1), unless the city council has prior to such effective date zoned said territory to another classification, subject to annexation.

No parcel shall be created, reconfigured, or zoned to have split zoning.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.16 - LOW DENSITY RESIDENTIAL, R-1

Sections:

The Low Density Residential (R-1) zoning district is intended to be applied to areas suitable for low density residential development consistent with the Low Density Residential land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permit(s), none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-1 zoning district:

A.

Residential care homes.

B.

Single-family residential.

C.

Small employee housing.

D.

Supportive housing.

E.

Transitional housing.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-1 zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

C.

Family childcare homes.

D.

Home occupations pursuant to Section 17.96.040 (Home occupations).

E.

Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).

F.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

G.

Signs pursuant to Chapter 17.80 (Signs).

H.

Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the R-1 zoning district upon approval and validation of a conditional use permit in addition to any other permits or licenses required for the use:

A.

Community gardens pursuant to Section 17.92.150 (Community gardens).

B.

Crop and tree farming.

C.

Parks, picnic areas, and playgrounds.

D.

Places of worship and spiritual assembly.

E.

Public and private schools.

F.

Public and quasi-public facilities.

G.

Residential care facilities.

H.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.16.050 - Lot requirements.

A.

Minimum parcel size.

1.

Interior lot: Five thousand five hundred (5,500) square feet.

2.

Corner lot: Six thousand five hundred (6,500) square feet.

B.

Minimum width.

Interior lot: Fifty-five (55) feet.

2.

Corner lot: Sixty-five (65) feet.

3.

Cul-de-sac lot: Forty (40) feet at street and fifty (50) feet at front yard setback.

C.

Minimum depth.

1.

Interior and corner lots: One hundred (100) feet.

2.

Cul-de-sac lot: Seventy-five (75) feet).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.16.060 - Development standards.

A.

Dwelling units per acre: One (1) to six (6) units.

B.

Maximum building height.

1.

All uses, except as specified herein: Thirty (30) feet.

2.

Places of worship or spiritual assembly: Forty-five (45) feet.

3.

Accessory structures: Fifteen (15) feet.

4.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

C.

Maximum lot coverage: Forty (40) percent.

D.

Minimum front yard setback: Twenty (20) feet.

E.

Minimum rear yard setback.

1.

All uses, except as specified herein: Twenty (20) feet.

2.

Accessory structures: Five (5) feet.

F.

Minimum side yard setback.

Interior side yard.

a.

All uses, except as specified herein: Five (5) feet.

b.

Nonresidential uses: Ten (10) feet.

2.

Exterior side yard.

a.

All uses, except as specified herein: Ten (10) feet.

b.

Accessory structures: Twenty (20) feet.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.20 - MEDIUM DENSITY RESIDENTIAL, R-2

Sections

The Medium Density Residential (R-2) zoning district is intended to be applied to areas suitable for a combination of low-density and medium-density residential development consistent with the Medium Density Residential land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-2 zoning district:

A.

Duplex residential.

B.

Residential care homes.

C.

Single-family residential.

D.

Small employee housing.

E.

Supportive housing.

F.

Transitional housing.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-2 zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Family childcare homes.

C.

Home occupations pursuant to Section 17.96.040 (Home occupations).

D.

Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).

E.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

F.

Signs pursuant to Chapter 17.80 (Signs).

G.

Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the R-2 zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Community gardens pursuant to Section 17.92.150 (Community gardens).

B.

Crop and tree farming.

C.

Parks, picnic areas, and playgrounds.

D.

Places of worship and spiritual assembly.

E.

Public and private schools.

F.

Public and quasi-public facilities.

G.

Residential uses:

1.

Multifamily residential, four (4) dwelling units or fewer.

2.

Residential care facilities.

H.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.20.050 - Lot requirements.

A.

Minimum parcel size.

1.

Interior lot: Five thousand five hundred (5,500) square feet.

2.

Corner lot: Six thousand five hundred (6,500) square feet.

B.

Minimum width.

1.

Interior lot: Fifty-five (55) feet.

2.

Corner lot: Sixty-five (65) feet.

3.

Cul-de-sac lot: Forty (40) feet at street and fifty (50) feet at front yard setback.

C.

Minimum depth.

1.

Interior and corner lots: One hundred (100) feet.

2.

Cul-de-sac lot: Seventy-five (75) feet).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.20.060 - Development standards.

A.

Dwelling units per acre: One (1) to twelve (12) units.

B.

Maximum building height.

1.

All uses, except as specified herein: Thirty (30) feet.

2.

Places of worship or spiritual assembly: Forty-five (45) feet.

3.

Accessory structures: Fifteen (15) feet.

4.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

C.

Maximum lot coverage: Fifty (50) percent.

D.

Minimum front yard setback: Twenty (20) feet.

E.

Minimum rear yard setback.

1.

All uses, except as specified herein: Twenty (20) feet.

2.

Accessory structures: Five (5) feet.

F.

Minimum side yard setback.

1.

Interior side yard.

a.

All uses, except as specified herein: Five (5) feet.

b.

Nonresidential uses: Ten (10) feet.

2.

Exterior side yard.

a.

All uses, except as specified herein: Ten (10) feet.

b.

Accessory structures: Twenty (20) feet.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.24 - HIGH DENSITY RESIDENTIAL, R-3

The High Density Residential (R-3) zoning district is intended to be applied to areas suitable for a variety of low, medium, and high density residential development consistent with the High Density Residential land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-3 zoning district:

A.

Dormitories.

B.

Duplex residential.

C.

Multifamily residential.

D.

Residential care homes.

E.

Single-family residential.

F.

Small employee housing.

G.

Supportive housing.

H.

Transitional housing.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-3 zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

C.

Family childcare homes.

D.

Home occupations pursuant to Section 17.96.040 (Home occupations).

E.

Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).

F.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

G.

Signs pursuant to Chapter 17.80 (Signs).

H.

Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the R-3 zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Adult day programs.

B.

Bed and breakfast inns pursuant to Chapter 17.104 (Bed and Breakfast Inns).

C.

Community gardens pursuant to Section 17.92.150 (Community gardens).

D.

Crop and tree farming.

E.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

F.

Parks, picnic areas, and playgrounds.

G.

Places of worship and spiritual assembly.

H.

Public and private schools.

I.

Public and quasi-public facilities.

J.

Residential uses:

1.

Dwelling groups.

2.

Residential care facilities.

3.

Single-room occupancy pursuant to Section 17.92.100 (Single-room occupancy).

K.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.24.050 - Lot requirements.

A.

Minimum parcel size.

1.

Interior lot: Five thousand five hundred (5,500) square feet.

2.

Corner lot: Six thousand five hundred (6,500) square feet.

B.

Minimum width.

1.

Interior lot: Fifty-five (55) feet.

2.

Corner lot: Sixty-five (65) feet.

3.

Cul-de-sac lot: Forty (40) feet at street and fifty (50) feet at front yard setback.

C.

Minimum depth.

1.

Interior and corner lots: One hundred (100) feet.

2.

Cul-de-sac lot: Seventy-five (75) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.24.060 - Development standards.

A.

Dwelling units per acre: One (1) to forty (40) units.

B.

Maximum lot coverage: Seventy-five (75) percent.

C.

Maximum building height.

1.

All uses, except as specified herein: Thirty-five (35) feet.

2.

Places of worship or spiritual assembly: Forty-five (45) feet.

3.

Accessory structures: Fifteen (15) feet.

4.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

D.

Minimum front yard setback: Twenty (20) feet.

E.

Minimum rear yard setback.

All uses, except as specified herein: Twenty (20) feet.

2.

Multifamily dwellings.

a.

Interior lot: Twenty (20) feet.

b.

Corner lot: Ten (10) feet.

3.

Accessory structures: Five (5) feet.

F.

Minimum side yard setback.

1.

Interior side yard.

a.

All uses, except as specified herein: Five (5) feet.

b.

Nonresidential uses: Ten (10) feet.

2.

Exterior side yard.

a.

All uses, except as specified herein: Ten (10) feet.

b.

Accessory structures: Twenty (20) feet.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.28 - RESIDENTIAL MIXED USE, MU-1

Sections:

The Residential Mixed Use (MU-1) zoning district is intended to be applied to areas suitable for a compatible mixture of residential and nonresidential uses which do not generate significant traffic consistent with the Mixed Use land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the MU-1 zoning district:

A.

Artist studios.

B.

Community gardens pursuant to Section 17.92.150 (Community gardens).

C.

Live/work units pursuant to Section 17.96.030 (Live/work units).

D.

Media production.

E.

Mixed-use developments of two (2) or more uses permitted pursuant to this section.

F.

Personal services, self-service laundromats with use permit.

G.

Professional offices.

H.

Public and private schools, onsite attendance of thirty-five (35) or fewer students.

I.

Residential uses:

1.

Duplex residential.

2.

Multifamily residential.

3.

Residential care homes.

4.

Single-family residential.

5.

Small employee housing.

6.

Supportive housing.

7.

Transitional housing.

J.

Small adult day programs.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-1 zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

C.

Family childcare homes.

D.

Home occupations pursuant to Section 17.96.040 (Home occupations).

E.

Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).

F.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

G.

Signs pursuant to Chapter 17.80 (Signs).

H.

Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the MU-1 zoning district upon approval and validation of a conditional use permit in addition to any other permits or licenses required for the use.

A.

Bed and breakfast inns pursuant to Chapter 17.104 (Bed and Breakfast Inns).

B.

Business offices.

C.

Clubs, lodges, and private meeting halls.

D.

Crop and tree farming.

E.

Health clinics, medical offices, and laboratories.

F.

Large adult day programs.

G.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

H.

Parks, picnic areas, and playgrounds.

I.

Places of worship and spiritual assembly.

J.

Public and private schools, onsite attendance of more than thirty-five (35) students.

K.

Public and quasi-public facilities.

L.

Residential uses:

1.

Dormitories.

2.

Dwelling groups.

3.

Manufactured home parks.

4.

Residential care facilities.

5.

Single-room occupancy pursuant to Section 17.92.100 (Single-room occupancy).

M.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Minimum parcel size.

1.

Interior lot: Five thousand (5,000) square feet.

2.

Corner lot: Six thousand (6,000) square feet.

B.

Minimum width.

1.

Interior lot: Fifty (50) feet.

2.

Corner lot: Sixty (60) feet.

3.

Cul-de-sac lot: Forty (40) feet at street and fifty (50) feet at front yard setback.

C.

Minimum depth.

1.

Interior and corner lots: One hundred (100) feet.

2.

Cul-de-sac lot: Seventy-five (75) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.28.060 - Development standards.

A.

Dwelling units per acre: One (1) to forty (40) units.

B.

Maximum lot coverage: Seventy-five (75) percent.

C.

Maximum building height.

1.

All uses, except as specified herein: Thirty-five (35) feet.

2.

Places of worship or spiritual assembly: Forty-five (45) feet.

3.

Accessory structures: Fifteen (15) feet.

4.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

D.

Minimum front yard setback: Fifteen (15) feet.

E.

Minimum rear yard setback.

1.

All uses, except as specified herein: Fifteen (15) feet.

2.

Accessory structures: Five (5) feet.

F.

Minimum side yard setback.

1.

Interior side yard: Five (5) feet.

2.

Exterior side yard.

a.

All uses, except as specified herein: Ten (10) feet.

b.

Accessory structures: Twenty (20) feet.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter Sec. - 17.32 NEIGHBORHOOD MIXED USE, MU-2

Sections

The Neighborhood Mixed Use (MU-2) zoning district is intended to be applied primarily to areas close to primary roadways that are suitable for a mixture of higher density residential and compatible nonresidential uses. The MU-2 zoning district is consistent with the Mixed Use land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as principally permitted uses in the MU-2 zoning district:

A.

Artist studios.

B.

Artisan crafts manufacturing.

C.

Banks and financial services.

D.

Business and professional offices.

E.

Business support services.

F.

Community gardens pursuant to Section 17.92.150 (Community gardens).

G.

Convenience stores and pharmacies.

H.

Craft food and beverage production, alcohol with use permit.

I.

Grocery stores and supermarkets.

J.

Health clinics, medical offices, and laboratories.

K.

Indoor sports and fitness facilities.

L.

Live/work units pursuant to Section 17.96.030 (Live/work units).

M.

Media production.

N.

Mixed-use developments of two (2) or more uses permitted pursuant to this section.

O.

Personal services.

P.

Printing and publishing.

Q.

Public and private schools.

R.

Residential uses:

Duplex residential.

2.

Multifamily residential.

3.

Residential care homes.

4.

Single-family residential.

5.

Small employee housing.

6.

Supportive housing.

7.

Transitional housing.

S.

Retail food establishments.

T.

Retail sales.

U.

Small adult day programs.

V.

Veterinary offices.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-2 zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Certified farmers' markets.

C.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

D.

Family childcare homes.

E.

Home occupations pursuant to Section 17.96.040 (Home occupations).

F.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

G.

Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).

H.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

I.

Signs pursuant to Chapter 17.80 (Signs).

J.

Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.

K.

Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the MU-2 zoning district upon approval and validation of a conditional use permit in addition to any other permits or licenses required for the use. Setbacks and development criteria may be amended during the conditional use permit process.

A.

Animal hospitals.

B.

Clubs, lodges, and private meeting halls.

C.

Funeral homes.

D.

Indoor entertainment facilities.

E.

Large adult day programs.

F.

Mobile food commissaries.

G.

Mobile food courts pursuant to Chapter 17.112 (Mobile Food Sales).

H.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

I.

Places of worship and spiritual assembly.

J.

Residential uses:

1.

Dormitories.

2.

Dwelling groups.

Manufactured home parks pursuant to Section 17.92.060 (Manufactured home parks).

4.

Residential care facilities.

5.

Single-room occupancy pursuant to Section 17.92.100 (Single-room occupancy).

K.

Restricted personal services.

L.

Restricted retail sales.

M.

Theaters and playhouses.

N.

Transient occupancy uses:

1.

Bed & breakfast inns pursuant to Chapter 17.104 (Bed and Breakfast Inns).

2.

Hostels.

3.

Hotels and motels.

4.

Recreational vehicle parks pursuant to Section 17.92.080 (Recreational vehicle parks).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Minimum parcel size: Five thousand (5,000) square feet.

B.

Minimum width.

1.

Interior lot: Fifty (50) feet.

2.

Corner lot: Sixty (60) feet.

C.

Minimum depth: Seventy-five (75) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.32.060 - Development standards.

A.

Dwelling units per acre: One (1) to forty (40) units.

B.

Maximum lot coverage: Seventy-five (75) percent.

C.

Maximum building height.

1.

All uses, except as specified herein: Thirty-five (35) feet.

2.

Places of worship or spiritual assembly: Forty-five (45) feet.

3.

Accessory structures: Fifteen (15) feet.

4.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

D.

Minimum front yard setback: Ten (10) feet.

E.

Minimum rear yard setback.

1.

All uses, except as specified herein: Ten (10) feet.

2.

Accessory structures: Five (5) feet.

F.

Minimum side yard setback.

1.

Interior side yard: Five (5) feet.

2.

Exterior side yard.

a.

All uses, except as specified herein: Ten (10) feet.

b.

Accessory structures: Twenty (20) feet.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.36 - CENTRAL MIXED USE, MU-3

Sections

The Central Mixed Use (MU-3) zoning district is intended to be applied primarily to centrally located areas outside of the Historic District that are suitable for a compatible mixture of more densely developed residential and nonresidential uses that can be served by public transit. The MU-3 zoning district is consistent with the Mixed Use land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the MU-3 zoning district:

A.

Artist studios.

B.

Artisan crafts manufacturing.

C.

Banks and financial services.

D.

Business and professional offices.

E.

Business support services.

F.

Clubs, lodges, and private meeting halls.

G.

Community gardens pursuant to Section 17.92.150 (Community gardens).

H.

Convenience stores and pharmacies.

I.

Craft food and beverage production.

J.

Grocery stores and supermarkets.

K.

Health clinics, medical offices, and laboratories.

L.

Indoor sports and fitness facilities.

M.

Live/work units pursuant to Section 17.96.030 (Live/work units).

N.

Media production.

O.

Mixed-use developments of two (2) or more uses permitted pursuant to this section.

P.

Personal services.

Q.

Printing and publishing.

R.

Public and quasi-public facilities.

S.

Residential uses:

1.

Duplex residential.

2.

Emergency shelters pursuant to Section 17.92.110 (Emergency shelters).

3.

Multifamily residential.

4.

Residential care home.

5.

Single-family residential.

Small employee housing.

7.

Supportive housing.

8.

Transitional housing.

T.

Retail food establishments.

U.

Retail sales.

V.

Small adult day programs.

W.

Transient occupancy uses:

1.

Bed & breakfast inns pursuant to Chapter 17.104 (Bed and Breakfast Inns).

2.

Hostels, forty (40) guests or fewer.

3.

Hotels and motels, thirty-five (35) guest rooms or fewer.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-3 zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Certified farmers' markets.

C.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

D.

Family childcare homes.

E.

Home occupations pursuant to Section 17.96.040 (Home occupations).

F.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

G.

Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).

H.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

I.

Signs pursuant to Chapter 17.80 (Signs).

J.

Temporary outside sales such as sidewalk or patio sales not exceeding three (3) days in any thirty (30)-day period.

K.

Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the MU-3 zoning district upon approval and validation of a conditional use permit in addition to any other permits or licenses required for the use.

A.

Animal grooming, animal hospitals, and veterinary offices.

B.

Automobile and vehicle sales and rental.

C.

Automobile service stations.

D.

Building material stores and yards.

E.

Car washing and detailing.

F.

Drive-in and drive-through sales and services.

G.

Equipment sales and rental.

H.

Event centers.

I.

Funeral homes.

J.

Garden centers and plant nurseries.

K.

Hospitals and hospice care.

L.

Indoor entertainment facilities.

M.

Mobile food commissaries.

N.

Mobile food courts pursuant to Chapter 17.112 (Mobile Food Sales).

O.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

P.

Outdoor commercial recreation facilities.

Q.

Places of worship and spiritual assembly.

R.

Public and private schools.

S.

Residential uses:

1.

Dormitories.

2.

Dwelling groups.

3.

Manufactured home parks pursuant to Section 17.92.060 (Manufactured home parks).

4.

Residential care facilities.

5.

Single-room occupancy pursuant to Section 17.92.100 (Single-room occupancy).

T.

Restricted personal services.

U.

Restricted retail sales.

V.

Theaters and playhouses.

W.

Transient occupancy uses:

Hostels, more than forty (40) guests.

2.

Hotels and motels, more than thirty-five (35) guest rooms.

3.

Recreational vehicle parks pursuant to Section 17.92.080 (Recreational vehicle parks).

X.

Vehicle storage.

Y.

Vehicles for hire.

Z.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Minimum parcel size: Five thousand (5,000) square feet.

B.

Minimum width: Fifty (50) feet.

C.

Minimum depth:Seventy-five (75) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Dwelling units per acre: One (1) to forty (40) units.

B.

Maximum lot coverage: Seventy-five (75) percent.

C.

Maximum building height.

All uses, except as specified herein: Fifty (50) feet.

2.

Single-family residential: Thirty-five (35) feet.

3.

Accessory structures: Fifteen (15) feet.

4.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

D.

Minimum setbacks.

1.

Front yard: Ten (10) feet.

2.

Rear yard.

a.

All uses, except as specified herein: Ten (10) feet.

b.

Accessory structures: Five (5) feet.

3.

Side yard: Five (5) feet.

E.

Minimum distance between buildings: As required by California Building Code.

F.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.40 - TOWN CENTER, T-C

Sections:

The Town Center (T-C) zoning district is intended to be applied to commercial and mixed-use properties in and around the Dunsmuir Historic Commercial District where off-street parking is limited. Its purpose is to encourage a broad array of compatible retail, professional, entertainment, civic, and other uses that contribute to a vibrant, pedestrian-friendly environment. The T-C zoning district is consistent with the Mixed Use land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the T-C zone district subject to issuance of a building permit, business license or other required permit(s):

A.

Adult day programs.

B.

Alcoholic beverage sales.

C.

Artisan crafts manufacturing.

D.

Artist studios.

E.

Banks and financial services.

F.

Business and professional offices.

G.

Business support services.

H.

Clubs, lodges, and private meeting halls.

I.

Community gardens pursuant to Section 17.92.150 (Community gardens).

J.

Convenience stores and pharmacies.

K.

Craft food and beverage production.

L.

Grocery stores and supermarkets.

M.

Health clinics, medical offices, and laboratories.

N.

Hostels, hotels, and motels.

O.

Indoor entertainment facilities.

P.

Indoor sports and fitness facilities.

Q.

Live/work units pursuant to Section 17.96.030 (Live/work units).

R.

Media production.

S.

Mixed-use developments of two (2) or more nonresidential uses permitted pursuant to this section.

T.

Personal services.

U.

Printing and publishing.

V.

Public and private schools, onsite attendance of thirty-five (35) or fewer students.

W.

Public and quasi-public facilities.

X.

Retail food establishments.

Y.

Retail sales.

Z.

Theaters and playhouses.

AA.

Vertical mixed-use developments of one (1) or more permitted nonresidential use and one (1) or more of the following residential uses:

1.

Duplex residential.

2.

Multifamily residential.

3.

Residential care home.

4.

Single-family residential.

5.

Small employee housing.

6.

Supportive housing.

7.

Transitional housing.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.40.030 - Accessory uses.

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the T-C zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Certified farmers' markets.

C.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

D.

Family childcare homes.

E.

Home occupations pursuant to Section 17.96.040 (Home occupations).

F.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

G.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

H.

Signs pursuant to Chapter 17.80 (Signs).

I.

Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.

J.

Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the T-C zone district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Automobile and vehicle sales and rental.

B.

Event center.

C.

Mobile food commissaries.

D.

Mobile food courts pursuant to Chapter 17.112 (Mobile Food Sales).

E.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

F.

Places of worship and spiritual assembly.

G.

Public and private schools, onsite attendance of more than thirty-five (35) students.

H.

Residential uses pursuant to subsection AA of Section 17.40.020 (Permitted uses) when residential use is located at street level.

I.

Restricted personal services.

J.

Restricted retail sales (alcoholic beverage sales by right).

K.

Veterinary offices.

L.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.40.050 - Lot requirements.

A.

Minimum parcel size: One thousand six hundred (1,600) square feet.

B.

Minimum width: Twenty (20) feet.

C.

Minimum depth:Seventy-five (75) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.40.060 - Development standards.

A.

Dwelling units per acre: One (1) to forty (40) units.

B.

Maximum building height.

1.

All uses, except as specified herein: Seventy (70) feet.

2.

Accessory structures: Fifteen (15) feet.

C.

Maximum lot coverage: One hundred (100) percent.

D.

Minimum front yard setback: None.

E.

Minimum rear yard setback: None.

F.

Minimum side yard setback: None.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.44 - SERVICE COMMERCIAL, S-C

Sections

The Service Commercial (S-C) zoning district is intended to be applied to areas suitable for heavier commercial uses than those typically allowed in the MU-1, MU-2, MU-3, and T-C zoning districts consistent with the Heavy Commercial land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as principally permitted uses in the S-C zoning district:

A.

Animal grooming, animal hospitals, and veterinary offices.

B.

Artisan crafts manufacturing and sales.

C.

Automobile and vehicle sales and rental.

D.

Automobile service stations, no fuel sales.

E.

Banks and financial services.

F.

Building material stores and yards.

G.

Business and professional offices.

H.

Business support services.

I.

Car washing and detailing.

J.

Convenience stores and pharmacies.

K.

Craft food and beverage production, alcohol with use permit.

L.

Equipment sales and rental.

M.

Garden centers and plant nurseries.

N.

Grocery stores and supermarkets.

O.

Health clinics, medical offices, and laboratories.

P.

Indoor sports and fitness facilities.

Q.

Media production.

R.

Mixed-use developments of two (2) or more uses permitted pursuant to this chapter.

S.

Mobile food courts pursuant to Chapter 17.112 (Mobile Food Sales).

T.

Personal services.

U.

Printing and publishing.

V.

Public and quasi-public facilities.

W.

Retail food establishments.

X.

Retail sales.

Y.

Theaters and playhouses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.44.030 - Accessory uses.

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the S-C zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Certified farmers' markets.

B.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

C.

Signs pursuant to Chapter 17.80 (Signs).

D.

Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.

E.

Uncovered storage for allowable uses on the rear half of the lot if screened by solid fencing a minimum of six (6) feet in height.

F.

Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the S-C zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Ambulance service.

B.

Animal boarding.

C.

Automobile service stations that include fuel sales.

D.

Drive-in and drive-through sales and services.

E.

Equipment and material storage yards.

F.

Event centers.

G.

Food and beverage manufacturing.

H.

Mobile food commissaries pursuant to Chapter 17.112 (Mobile Food Sales).

I.

Outdoor commercial recreation facilities.

J.

Restricted personal services.

K.

Restricted retail sales.

L.

Storage facilities.

M.

Wholesale businesses.

N.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.44.050 - Lot requirements.

A.

Minimum parcel size: Seven thousand five hundred (7,500) square feet.

B.

Minimum width: Seventy-five (75) feet

C.

Minimum depth: Seventy-five (75) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.44.060 - Development standards.

A.

Dwelling units per acre: None.

B.

Maximum building height.

All uses, except as specified herein: Fifty (50) feet.

Accessory structures: Fifteen (15) feet.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

C.

Maximum lot coverage: Seventy-five (75) percent.

D.

Minimum front yard setback: Ten (10) feet.

E.

Minimum rear yard setback: Ten (10) feet.

F.

Minimum side yard setback: Ten (10) feet.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.48 - LIGHT MANUFACTURING, L-M

Sections

The Light Manufacturing (L-M) zoning district is intended to be applied to areas suitable for heavier commercial and light manufacturing uses than permitted in the commercial and mixed-use zoning districts, provided such uses are not detrimental to the public health, safety, and general welfare by reason of odor, smoke, gas, dust, vibration, or noise, or are not deemed to be exceptional fire of explosion hazards. The L- M district is consistent with the Industrial land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as principally permitted uses in the L-M zoning district:

A.

Animal grooming, animal hospitals, and veterinary offices.

B.

Artisan crafts manufacturing and sales.

C.

Automobile and vehicle sales and rental.

D.

Automobile service stations, no fuel sales.

E.

Building material stores and yards.

F.

Business and professional offices.

G.

Car washing and detailing.

H.

Clothing and fabric product manufacturing.

I.

Craft food and beverage production.

J.

Equipment sales and rental.

K.

Garden centers and plant nurseries.

L.

Handcraft industries.

M.

Indoor sports and fitness facilities.

N.

Mixed-use developments of two (2) or more uses permitted pursuant to this chapter.

O.

Paper product manufacturing.

P.

Printing and publishing.

Q.

Public and quasi-public facilities.

R.

Retail food establishments.

S.

Retail sales.

T.

Small equipment maintenance and repair.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the L-M zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

B.

Signs pursuant to Chapter 17.80 (Signs).

C.

Uncovered storage for allowable uses on the rear half of the lot if screened by solid fencing a minimum of six (6) feet in height.

D.

Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the L-M zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Ambulance service.

B.

Animal boarding.

C.

Automobile service stations that include fuel sales.

D.

Equipment and material storage yards.

E.

Food and beverage manufacturing.

F.

Furniture and fixtures manufacturing.

G.

Metal products fabrication, machine/welding shops.

H.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

I.

Recycling facilities.

J.

Restricted retail sales.

K.

Stone product manufacturing.

L.

Storage facilities.

M.

Wholesale businesses.

N.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.48.050 - Lot requirements.

A.

Minimum parcel size: Seven thousand five hundred (7,500) square feet.

B.

Minimum width: Seventy-five (75) feet.

C.

Minimum depth: One hundred (100) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.48.060 - Development standards.

A.

Dwelling units per acre: None.

B.

Maximum building height: Fifty (50) feet.

C.

Maximum lot coverage: Seventy-five (75) percent.

D.

Minimum front yard setback: Twenty-five (25) feet.

E.

Minimum rear yard setback.

1.

Adjacent L-M or M: Ten (10) feet.

Adjacent all other zoning districts: Twenty (20) feet and screened with six (6) foot solid fencing.

F.

Minimum side yard setback.

1.

Adjacent L-M or M: Ten (10) feet.

2.

Adjacent all other zoning districts: Twenty (20) feet and screened with six (6) foot solid fencing.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.52 - MANUFACTURING, M

The Manufacturing (M) zoning district is intended to be applied to areas suitable for commercial and manufacturing uses that are typically incompatible in other zoning districts, along with nonresidential uses that are considered compatible with these uses. Uses permitted by this chapter shall not be detrimental to the public health, safety, and general welfare by reason of odor, smoke, gas, dust, vibration, or noise, nor deemed to be exceptional fire of explosion hazards. The M district is consistent with the Industrial land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as principally permitted uses in the M zoning district:

A.

Animal boarding, animal grooming, animal hospitals, and veterinary offices.

B.

Automobile and vehicle sales and rental.

C.

Automobile service stations, no fuel sales.

D.

Building material stores and yards.

E.

Car washing and detailing.

F.

Clothing and fabric product manufacturing.

G.

Craft food and beverage production, alcohol with use permit.

H.

Equipment sales and rental.

I.

Furniture and fixtures manufacturing.

J.

Garden centers and plant nurseries.

K.

Handcraft industries.

L.

Indoor storage facilities.

M.

Metal products fabrication, machine/welding shops.

N.

Mixed-use developments of two (2) or more uses permitted pursuant to this chapter.

O.

Paper product manufacturing.

P.

Printing and publishing.

Q.

Public and quasi-public facilities.

R.

Small equipment maintenance and repair.

S.

Wholesale businesses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the M zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

B.

Signs pursuant to Chapter 17.80 (Signs).

C.

Uncovered storage for allowable uses on the rear half of the lot if screened by solid fencing a minimum of six (6) feet in height.

D.

Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the M zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Ambulance service.

B.

Automobile service stations that include fuel sales.

C.

Chemical product manufacturing.

D.

Concrete batching or ready-mix concrete manufacturing.

E.

Equipment and material storage yards.

F.

Food and beverage manufacturing.

G.

Fuel storage and distribution.

H.

Glass product manufacturing.

I.

Heliports.

J.

Lumber and wood product processing facilities.

K.

Off-site parking and shared parking facilities pursuant to Chapter 17.76 (Off-street parking).

L.

Outdoor storage facilities.

M.

Recycling facilities.

N.

Restricted retail sales.

O.

Retail food establishments.

P.

Retail sales.

Q.

Salvage yards.

R.

Stone product manufacturing.

S.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.52.050 - Lot requirements.

A.

Minimum parcel size: Seven thousand five hundred (7,500) square feet.

B.

Minimum width: Seventy-five (75) feet.

C.

Minimum depth: One hundred (100) feet.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.52.060 - Development standards.

A.

Dwelling units per acre: None.

B.

Maximum building height.

1.

All uses, except as specified herein: Fifty (50) feet.

2.

Accessory structures: Fifteen (15) feet.

Building and structures taller than established height limits may be permitted pursuant to Section 17.92.180 (Height limits).

C.

Maximum lot coverage: Seventy-five (75) percent.

D.

Minimum front yard setback: Twenty-five (25) feet.

E.

Minimum rear yard setback.

1.

Adjacent L-M or M: Ten (10) feet.

2.

Adjacent to all other zoning districts: Twenty (20) feet and screened with six (6) foot solid fencing.

F.

Minimum side yard setback.

1.

Adjacent L-M or M: Ten (10) feet.

2.

Adjacent to all other zoning districts: Twenty (20) feet and screened with six (6) foot solid fencing.

G.

Minimum distance between buildings: As required by California Building Code.

H.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.56 - OPEN SPACE, O-S

Sections:

17.56.010 - Purpose and applicability.

The Open Space (O-S) zoning district is intended to be applied to public lands such as parks and playgrounds, the river, and other lands that that should be preserved in a natural state and/or that provide active or passive recreational opportunities consistent with the Open Space land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the O-S zoning district:

A.

Parks, picnic areas, playgrounds.

B.

Public and quasi-public facilities.

C.

Public utilities, except wireless telecommunication facilities.

D.

Resource protection and restoration.

E.

Resource-related recreation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the O-S zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Certified farmers' markets.

B.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

C.

Signs pursuant to Chapter 17.80 (Signs).

D.

Special events.

E.

Usual and customary structures associated with a principally permitted use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the O-S zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Caretaker's unit.

B.

Cemeteries.

C.

Concession facilities.

D.

Wireless telecommunication facilities.

E.

Wastewater treatment plants.

F.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.56.050 - Lot requirements.

A.

Minimum parcel size: None.

B.

Minimum width: None.

C.

Minimum depth: None.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Dwelling units per acre: One half (0.5) unit.

B.

Maximum building height.

1.

All uses, except as specified herein: Thirty (30) feet.

2.

Accessory structures: Fifteen (15) feet.

C.

Maximum lot coverage: Twenty-five (25) percent.

D.

Minimum setbacks.

1.

Front yard: Ten (10) feet.

2.

Side yard: Ten (10) feet.

3.

Rear yard: Ten (10) feet.

E.

Minimum distance between buildings: As required by California Building Code.

F.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.60 - PUBLIC FACILITIES, P-F

Sections:

The Public Facilities (P-F) zoning district is intended to be applied to public lands that house schools, the airport, public and non-public utilities, government offices, and other public and quasi-public facilities consistent with the Public Agency land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the P-F zoning district:

A.

Parks, picnic areas, playgrounds.

B.

Public and quasi-public facilities.

C.

Public utilities, except wireless telecommunication facilities.

D.

Public schools.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the P-F zoning district as an accessory to the primary permitted or conditionally permitted use:

A.

Certified farmers' markets.

B.

Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).

C.

Signs pursuant to Chapter 17.80 (Signs).

D.

Special events.

E.

Usual and customary structures associated with a principally permitted use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following uses are permitted in the P-F zoning district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

A.

Airports.

B.

Firearms training facilities.

C.

Wireless telecommunications facilities.

D.

Wastewater treatment facilities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.60.050 - Lot requirements.

A.

Minimum parcel size: None.

B.

Minimum lot width: None.

C.

Minimum lot depth: None.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.60.060 - Development standards.

A.

Dwelling units per acre: None.

B.

Maximum building height.

1.

All uses, except as specified herein: Fifty (50) feet.

2.

Accessory structures: Fifteen (15) feet.

C.

Maximum lot coverage: Eighty (80) percent.

D.

Minimum setbacks.

1.

Front yard: Ten (10) feet.

2.

Side yard: Ten (10) feet.

3.

Rear yard: Ten (10) feet.

E.

Minimum distance between buildings: As required by California Building Code.

F.

Minimum parking: As specified in Chapter 17.76 (Off-Street Parking).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.64 - PLANNED DEVELOPMENT, P-D

Sections:

17.64.010 - Purpose and applicability.

The Planned Development (P-D) zoning district is intended to enable and encourage flexibility of design and development of land in such manner as to promote its most appropriate use. The P-D zoning district also allows diversification in the relationship of various uses, structures, and spaces.

Planned developments, involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of specific zoning districts. The P-D zoning district is designed to accommodate various types of developments, such as shopping centers, single-family housing developments, multifamily housing developments, professional and administrative areas, commercial service centers and industrial parks, or any other use or combination of uses that can be made appropriately a part of a planned development.

The proposed development shall be designed to produce an environment with a stable and desirable character and shall provide standards of open space and permanently reserved areas for off-street parking adequate for the occupancy proposed, and at least equivalent to those required elsewhere by the provisions of this title for such use. In case of residential development, it should include provisions for recreation areas to meet the needs of the anticipated population. The P-D zoning district is consistent with the Mixed Use - Planned Development land use designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.64.020 - Permitted uses.

Provided there is no division of property, and subject to issuance of a building permit, business license or other required permit(s), the following uses, and uses which in the opinion of the Planning Commission are similar, are allowed as principally permitted uses in the P-D zoning district without the need for a planned development permit:

A.

Crop and tree production.

B.

Public and quasi-public facilities.

C.

Single-family residential.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the P-D zoning district subject to issuance of a building permit, business license, or other required permit(s):

A.

Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).

C.

Family childcare homes.

D.

Home occupations pursuant to Section 17.96.040 (Home occupations).

E.

Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).

F.

Signs pursuant to Chapter 17.80 (Signs).

G.

Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use, the following uses are permitted in the P-D zoning district without need for a planned development permit, provided there is no division of property:

A.

Firearms training facilities.

B.

Parks, picnic areas, and playgrounds.

C.

Places of worship and spiritual assembly.

D.

Public and private schools.

E.

Shared parking facilities and public or private parking lots.

F.

Other uses similar to those listed in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, offstreet parking and off-street loading facilities, and landscaped areas need not be equivalent to the standards prescribed for the regulations for other districts, which involve similar uses if the applicant has demonstrated, by their design proposal, that the objectives of this title will be achieved.

The average population density per net acre may not exceed the maximum population density prescribed in the general plan. Since planned developments also typically involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve the desired goals.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

No use shall be permitted, and no process, equipment, or material shall be employed, which is found by the planning commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illuminations, glare, unsightliness or heavy truck traffic or to involve any hazard of fire or explosion.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.64.070 - Processing of an application for a planned development permit.

A.

Prior to development of properties within the P-D zoning district that includes subdivision of property, the owner/applicant shall submit an application to the city:

1.

The application shall be accompanied by a development plan of the entire site, drawn to scale and showing the contours of the site in intervals of not more than five feet and provisions for: stormwater detention; public utility rights-of-way; streets; public and private access; driveways and sidewalks; off-street parking and loading facilities; reservations and dedications for public uses; residential uses, including dwelling types; nonresidential uses, including types; lot layout, including setbacks; heights and elevations of structures; and landscaped areas.

2.

In addition to the data prescribed in subsection (A)(1) of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

3.

The application shall also be accompanied by text that establishes development standards for the planned development including lot sizes, setbacks, building heights, parking requirements, etc.

4.

A written statement setting forth the source of water supply, method of sewage disposal, and provisions for maintenance of landscaped areas.

5.

Proposed parcel or subdivision map consistent with the development plan.

B.

The planning commission shall review and act upon the parcel map or tentative subdivision map application in accordance with the procedures prescribed by the Subdivision Map Act and Title 16 (Subdivisions). Any approval shall be conditioned on the map becoming effective concurrently with the effective date of the rezone establishing the planned development district.

C.

The planning commission may recommend approval of the planned development permit application and establishment of the planned development district only if it first makes the following findings:

1.

That the proposed location of the planned development is in accordance with the objectives of this title.

2.

That the proposed location of the planned development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.

3.

That the proposed planned development will comply with each of the applicable provisions of this chapter.

4.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities, and landscaped

areas will produce an environment of stable and desirable character consistent with the objectives of the city.

5.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

6.

That the combination of different dwelling types and variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

7.

The proposed planned development or the first use or group of uses can be substantially completed within the time schedule submitted by the applicant.

D.

The planning commission shall forward its recommendation regarding approval of the planned development permit and establishment of the planned development district to the city council for final action.

E.

The city council shall consider the application and development plan, together with the recommendation of the planning commission. The council may approve the planned development permit and establish the planned development district if it finds that:

1.

The proposed district and development plan, as recommended by the planning commission, are consistent with the general plan and with the purposes of this title.

2.

The proposed district and all uses provided for therein will be compatible with existing and anticipated development in the general vicinity.

F.

If the city council determines that the project as proposed should not be approved, the council may refer the project back to the planning commission for further consideration.

G.

An ordinance establishing a planned development district, if enacted by the city council, shall reference the development plan for the district approved by the city council.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.68 - HISTORIC PRESERVATION

Sections:

It is found that the protection, enhancement, perpetual care, and use of structures, districts, and neighborhoods of historic, architectural, and engineering significance located within the city, are of cultural, aesthetic, and economic benefit to the community. It is further found that the economic, cultural, and aesthetic standing of this city will be enhanced by respecting the heritage of the city. The purpose of this chapter is to:

A.

Designate, preserve, protect, enhance, and perpetuate those historic structures, districts, and neighborhoods which contribute to the cultural and aesthetic benefit of Dunsmuir;

B.

Foster civic pride in the beauty and accomplishments of the past;

C.

Stabilize and improve the economic value of certain historic structures, districts, and neighborhoods;

D.

Protect and enhance the city's cultural and aesthetic heritage and vitality;

E.

Promote and encourage continued private ownership and utilization of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be attained under such policy;

F.

Assure that every owner of a historic structure within a historic district and/or designated as a landmark has the responsibility to assure the perpetual use/occupancy of said structure; and

G.

Establish minimum standards for assurance of care for all aspects of structures and landmarks within the Dunsmuir Historic Commercial District or of historical significance, as determined by this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Unless the context requires otherwise, the following definitions shall be used in the interpretation of this chapter:

"California Register of Historical Resources" means as defined in California Public Resources Code Section 5024.1 and in CCR Title 14, Chapter 11.5, Section 4850, et seq., as it may be amended.

"Contributing resource" means a building, structure, site, feature, or object within a historic district that contributes to the historic character of the district, was built during the district's period of significance, and retains its appearance from that time.

"Demolition" means an act or process that destroys in whole or in part a building, structure, or site, or permanently impairs its structural integrity and/or may have an adverse effect on the significance of a historic resource.

"Demolition by neglect" means the failure to provide ordinary maintenance and repair to a historic resource, whether such neglect is willful or unintentional, by the owner or any party in possession of such property, which results in one or both of the following:

1.

The severe deterioration of exterior features so as to create or permit a dangerous or unsafe condition to exist.

2.

The deterioration of a structure or its components, including but not limited to exterior walls, roof, chimneys, doors, windows, porches, structural or ornamental architectural elements, or foundations, which has the potential to result in permanent damage to and loss of an historic resource's architectural and/or historic significance.

"Detrimental change" means an activity or action that has the potential to diminish the significance of a historic resource.

"Historic district" means a contiguous or noncontiguous geographic area containing one or more contributing properties which has been designated as a historic district by the city council pursuant to this chapter.

"Historic district buffer zone" or "buffer zone" means all real property located within three hundred (300) feet of the exterior boundaries of a designated historic district.

"Historic district delegates" means the planning commission chairperson and one additional member of the planning commission assigned to preliminary guidance and review of activities related to historic resources.

"Historic resource" means those properties, structures, improvements, sites, natural features, or areas officially listed in the National Register of Historic Places or the California Register of Historical Resources, and/or designated by the city council as having a special character or special historical, cultural,

archaeological, architectural, community or aesthetic value as part of the heritage of the city, region, state, or nation, including all landmarks and historic districts established pursuant to this chapter.

"Historic site alteration permit" means a discretionary permit approved by the planning commission that, in addition to any other required permits or approvals, allows for a material change to a historic resource.

"Integrity" means the ability of an historic resource to convey its significance, with consideration of the following aspects of integrity: location, design, setting, materials, workmanship, feeling, and association.

"Landmark" means an individual structure or other feature, or group of structures or other features on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of a historical nature and designated as a landmark pursuant to the provisions of this chapter.

"Material change" means any alteration for which a building permit is required, and which will cause a change in the appearance of a historic resource. In addition, "material change" shall include exterior changes to or modification of architectural details or visual characteristics that do not require a building permit, such as paint color and surface texture, grading, surface paving, landscape modifications, disturbances to natural features, and the placement or removal of exterior objects such as dish antennas, plaques, awnings, light fixtures, street furniture, walls, fences, steps, and other features affecting the

exterior visual qualities of the historic resource. The term "material change" shall not include ordinary maintenance and repair that does not cause a change in the appearance of the historic resource or the reconstruction or replacement of any feature of a historic structure or landmark with a suitable substitute on a "like for like" basis, as determined by the city manager and historic district delegates.

"National Register of Historic Places" or "National Register" means the official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, archaeology, and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966, as amended.

"Non-contributing resource" means a site, structure, building or object within the historic district which does not individually meet the criteria for historic designation, or does not contribute generally to the overall distinctive character of the historic district.

"Ordinary maintenance and repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is to prevent or correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.

"Preservation" means the protection, conservation, enhancement, perpetuation, rehabilitation, restoration, repair, reconstruction, or other action taken to repair, conserve, or prevent the deterioration or destruction or removal of a historic resource.

"Relocation" means the displacement of any improvement within the same site or to a different site.

"Removal" means the displacement from the site of a historical resource of any device, feature, fixture, hardware, structural or decorative material contributing to the cultural, historic, or architectural character of the historic resource.

"Restoration" means the act or process of accurately recovering the form and details of a resource and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

"Secretary of the Interior's Standards for the Treatment of Historic Properties" or "Secretary's Standards" means the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. These standards and guidelines delineate accepted treatments for the protection and rehabilitation of materials pursuant to 36 CFR Part 68.

"State Historical Building Code" means as defined in the California Health and Safety Code Sections 18950 through 18961, as may be amended from time to time, which allows reasonably equivalent alternatives to the adopted California Building Code to facilitate the preservation and continuing use of designated historical resources while providing reasonable safety for the building occupants and access for people with disabilities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.68.030 - Historic (H) combining district established.

A.

Purpose. The purpose and intent of the Historic (H) combining district is to provide a means of implementing this chapter and thereby better safeguard the historic resources designated by the city. The H combining district shall be used in general accord with the policies and principles of the Historic Preservation Element of the General Plan.

B.

Designation. The H combining district may be combined with any zoning district in accordance with the amendment procedures of the city. When established, the combining district shall be shown on the zoning map overlaying the district with which it is combined. When so designated, all properties within the H combining district shall be subject to the provisions of this chapter.

C.

Permitted Uses. The permitted uses, accessory uses, and conditional uses in the H combining district shall be the same as those of the base zoning district with which it is combined.

D.

Development Standards. Except as provided for herein, the development standards in the H combining district shall be the same as those of the base zoning district with which it is combined.

E.

General Provisions. When the H combining district is applied, the regulations of this chapter as well as those of the base zoning district shall apply. Where a conflict occurs, the regulations set forth in this chapter shall apply.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The chair of the planning commission, along with one member selected by the planning commission, shall serve as historic district delegates and provide for preliminary review of all applications and proposals subject to the regulations in this chapter.

B.

Historic district delegates shall report their findings and any recommendations regarding applications and proposals subject to the regulations in this chapter at regular meetings of the planning commission.

C.

The full planning commission may accept, deny, or revise the historic district delegates' recommendations in accordance with this chapter.

D.

Where the planning commission serves in an advisory role pursuant to this chapter, recommendations of the planning commission shall be forwarded to the city council for final action.

E.

The city manager shall supervise the clerical and technical requirements of the planning commission and historic district delegates in support of this chapter, including serving as the custodian of records and satisfying official correspondence requirements as appropriate.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

When designating a historic resource, the historic district delegates, planning commission, and city council shall consider whether the structure, improvement, property, site, natural feature, or area under consideration satisfies the following criteria:

A.

Historical and Cultural Significance.

1.

It is particularly representative of a distinct historical period, type, style, region, or way of life.

2.

It is an example of a type of building, use, or activity that was once common but is now rare.

It is of a greater age than most of its kind.

4.

It was connected with someone renowned, important, or a local personality.

5.

It was associated with a business or use that was once common but is now rare.

6.

It represents the work of notable builders, designers, or architects.

7.

The site is the location of an important historical event or is associated with events that have made a meaningful contribution to the nation, state, or city.

B.

Historical Architectural and Engineering Significance.

1.

The construction materials or engineering methods used are unusual or significant or uniquely effective.

2.

It embodies a collection of elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation.

3.

The overall effect of the design is beautiful, or its details and materials are beautiful or unusual.

C.

Neighborhood and Geographic Setting.

1.

It materially benefits the historic character of the neighborhood.

2.

It has a unique location or is a view or vista that representsan established and familiar visual feature of the neighborhood, community, or city.

The proposed historic district is a geographically definable area, urban or rural, possessing a significant concentration or continuity of site, buildings, structures, or objects unified by past events, or aesthetically by plan or physical development.

4.

The collective value of the historic district taken together may be greater than the value of each individual structure.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.68.060 - Historic district designation procedure.

A.

Designation of a historic district may be initiated by the planning commission, city council, and by application of persons, or their authorized agents, who own sixty (60) percent of the recorded lots to be included in the proposed district.

B.

Any such application by the owners, or their authorized agents, shall be filed with the city manager upon the prescribed forms and shall include the following data:

1.

Statement of the district's special aesthetic, cultural, architectural, or engineering interest or value of an historic nature;

2.

Drawings, photographs, or descriptive material;

3.

Other information requested by the planning commission and historic district delegates.

C.

The application to designate an historic district shall be referred to the planning commission as to conformance with the purposes and criteria of this chapter. The historic district delegates shall recommend approval, disapproval, or modification of the designation to the planning commission.

D.

After receiving a recommendation from the historic district delegates, the planning commission shall hold a public hearing at the earliest next regular meeting, consistent with agenda preparation procedure and schedules for such meetings. The planning commission shall consider the conformance or lack of conformance of the proposed designation with the purposes and criteria as specified in the purpose and review sections of this chapter. The planning commission shall recommend approval, disapproval, or

modified approval of the proposal as provided therein. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record.

E.

The planning commission shall transmit the application and its recommendations to the city council.

F.

The city council may approve, modify and approve, or deny the proposed designation. Approval, or modification and approval, of the designation shall be accomplished by adoption of an ordinance.

G.

The property included in any such designation shall be subject to the regulations set forth in this chapter and any further controls specified in the designating ordinance.

H.

The city manager shall cause a copy of the designating ordinance to be forwarded to any department or agency requesting it or to any individual department or agency to whom the city manager considers it appropriate to have it sent.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The planning commission, pursuant to the procedures set forth in this chapter, may recommend to the city council the designation of a landmark for an individual structure or other feature, or group of structures on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of a historical nature.

B.

Designation of a landmark may be initiated by the planning commission, city council, and by application of the owners or their authorized agents, of the property for which designation is requested.

C.

Any such proposal shall be filed with the planning commission upon the prescribed form and shall include the following data:

1.

Assessor's parcel number of the site;

Description detailing the landmark's special aesthetic, cultural, architectural, or engineering interest or value of a historical nature;

3.

Sketches, drawings, photographs, or other descriptive material;

4.

Statement of condition of structure;

5.

Other information requested by the planning commission.

D.

The historic district delegates shall recommend to the planning commission approval, disapproval, or modification of an application for designation.

E.

Prior to recommending approval or modified approval, the historic district delegates shall find:

1.

That the proposed landmark, or group of structures or features thereof has significant aesthetic, cultural, architectural, or engineering interest or value of an historic nature;

2.

That the proposed landmark may be designated without imposing hardship on the property owner;

3.

That approval or modified approval of the application is consistent with the purposes and criteria of this chapter.

F.

After receiving a recommendation from the historic district delegates, the planning commission shall hold a public hearing at the earliest next regular meeting, consistent with the agenda preparation procedure and schedules for such meetings. The city clerk shall give notice of the time and place of the hearing by one publication in a newspaper of general circulation in the city at least ten (10) calendar days prior to the hearing.

G.

The planning commission may approve, disapprove, or modify a recommendation of the historic district delegates on a designation.

H.

Prior to the approval or modified approval of a designation, the planning commission shall make those findings specified in these procedures for designating a landmark and submit to the city council for final action.

I.

After approval of the designation and the regulations which result from such designation, the city manager may also forward a copy of the letter to any other department or agency requesting it or that the city manager considers affected by the designation.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The city council may modify or rescind a historic district or landmark designation if, after a duly noticed public hearing, the city council finds either of the following:

1.

The evidence used to establish the designation was erroneous or that the designation was procured by fraud; or

2.

The historic district or landmark no longer meets the criteria for designation set forth in this chapter due to reasons outside the control of the owner(s) of the designated property, including but not limited to damage caused by natural disaster, flood, fire, or other calamity. The Board shall adopt written findings of fact supporting its decision to modify or rescind a designation.

B.

The city council may, without prior notice or public hearing, rescind a landmark designation if it finds that a landmark has been lawfully demolished, removed, or relocated in conformance with the hardship waiver provisions of this chapter.

C.

The decision to amend or rescind a historic district or landmark designation pursuant to this section shall be by resolution containing findings in support of the decision.

D.

When a historic district or landmark designation has been modified or rescinded, the city clerk shall promptly notify the owner(s) of the property included therein and shall cause a copy of the appropriate resolution or ordinance, or notice thereof, to be recorded with the county recorder.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.68.090 - Duty to maintain.

A.

In accordance with the purpose of this chapter, demolition by neglect is prohibited.

B.

Historic resources shall be preserved against decay, deterioration, and prolonged neglect and kept free of structural defects by their owner(s) or person(s) having legal custody or control of them.

1.

The exterior of the structure, including deterioration of molding, filigree, cornices, entablatures, wall facing, glass, doors, window coverings, displays, and similar decorative features shall be maintained to the extent that it does not create a hazardous or dangerous condition and jeopardize the building's exterior architecture or visible appearance.

2.

Deterioration of exterior walls, vertical supports, horizontal support members, roofs, chimneys, exterior wall elements, such as brick, plaster, siding, wooden walls, or mortar shall be corrected.

3.

Repairs of decay and reasonable painting maintenance shall occur.

4.

Sign maintenance shall be in accordance with Chapter 17.80 (Signs).

5.

Vacant or abandoned historical structures shall be maintained in the same manner as occupied structures.

6.

Vacancy of historic structure is defined as having no tenant, no valid business license, no posted business hours, or hours posted are not adhered to.

7.

Reasonable maintenance shall be required within sixty (60) days of notification.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Preservation easements on historic resources may be acquired by the city through purchase, donation, or condemnation. A preservation easement would include any easement, restriction, covenant, or condition running with the land designed to preserve or maintain the significant features of such resources.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.68.110 - Procedure to authorize construction, demolition, relocation, or material change to a historic resource.

A.

No permit shall be issued for the construction, relocation, modification, or demolition of a historic resource or for any material change to a historic resource without review by the planning commission. Property owners are encouraged to seek the advice of staff, historic district delegates, and planning commission for further guidance.

B.

Planning and building departments shall maintain current records of designated structures, landmarks, and districts, including a list of historically significant interior features, if known. This list shall be maintained by and for the planning commission.

C.

When the planning or building department receives a permit application indicating a possible material change to a historic resource, they shall refer such application to the historic district delegates for review. The historic district delegates shall make a determination of whether the proposed change may result in a detrimental change to the historic resource or district.

D.

When the historic district delegates have determined that a proposed material change is compatible and does not represent a detrimental change, the planning department shall forward that determination along with any associated recommendations to the planning commission for further action.

E.

When the historic district delegates determine that a proposed change may represent a detrimental change, the planning department shall forward that determination along with any recommendations to the planning commission and a public hearing shall be held.

F.

An application for a historic site alteration permit shall be filed with the planning commission upon a form prescribed by the city clerk and accompanied by a fee established by the city council. The application shall contain the following data:

1.

A clear statement of the proposed work;

2.

Detailed scale plans describing the size, height, and appearance of the proposed work with all materials, textures, and colors to be used, identified, and shown;

3.

A site plan showing all existing buildings and structures and the proposed work in relation to adjacent structures;

4.

Other information deemed necessary by the planning commission, including site photographs and historic records pertaining to the site or structure under consideration.

G.

In considering the appropriateness of the historic site alteration permit, the historic district delegates and planning commission shall consider, among other things, the purposes of this chapter and the historic architectural value, texture, and materials of the building or structure in question, its appurtenant fixtures, including signs, utilities, fences, parking, site plan, landscaping, and the relationship of such building and/or features to other buildings.

H.

When the proposed material change is limited to exterior painting, the historic district delegates and planning commission shall determine whether the proposed color(s) will maintain the intent of this chapter and enhance both the appearance of the structure and the overall aesthetic value of the historic district.

I.

When an application is received for demolition, relocation, or removal of a historic resource, the necessity shall be justified to the planning commission. No historic resource shall be demolished or removed unless it has become a threat to public health and safety, is not usable, and cannot be repaired or restored.

J.

Prior to approval or modified approval, the planning commission shall find that:

1.

The action proposed is consistent with the purposes of this chapter as reflected in Section 17.68.010 (Purpose); and

2.

The action proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historic nature; or

The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property; or

4.

The applicant has demonstrated that denial of the application will result in immediate or substantial hardship and is entitled to a hardship waiver pursuant to Section 17.68.140 (Hardship waivers).

K.

The planning commission may continue action on its review of a historic site alteration permit application for two meetings, not to exceed fifty-five (55) days from the date of the public hearing for the purpose of reaching a mutually acceptable solution in keeping with the criteria of this chapter. If at the end of that time an acceptable solution has not been achieved, the application shall be finally granted or denied.

L.

Upon approval of an application, a historic site alteration permit shall be issued, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning commission and one copy of which shall be forwarded to the building inspector. In addition, a copy shall be forwarded to any other department or agency requesting it or which the planning commission believes will be affected by the permit.

M.

The applicant or any other interested party shall have the right of appeal to the city council pursuant to Section 17.140.030 (Appeals of planning commission action).

N.

During the appeal period, the city council, with the advice and assistance of the planning commission, may consult with civic groups, public agencies, and interested citizens, obtain recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, or any other steps deemed necessary.

O.

The planning commission may approve a permit if the applicant presents facts clearly demonstrating to the satisfaction of the planning commission at the public hearing that failure to receive such approval will cause an immediate and substantial hardship and is entitled to a hardship waiver pursuant to Section 17.68.160 (Hardship waivers).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.68.120 - Modifications to structures within a historic district buffer zone.

A.

For the purposes of this chapter, there is hereby established a buffer zone that encompasses all real property located within three hundred (300) feet of the exterior boundaries of a designated historic district.

B.

Any changes to structures within a buffer zone that would require the planning commission's review if it were it located within the historic district shall be referred by staff to the historic district delegates for review.

1.

When the historic district delegates determine that proposed modifications do not represent a detrimental change to the district, they shall forward that determination to the planning and building departments and a permit may be issued.

2.

When the historic district delegates determine that proposed modification may result in a detrimental change to the district, they shall forward that determination along with any recommendations to the planning commission and a public hearing shall be held.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural feature when the building inspector or fire marshal certifies to the planning commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the Secretary of the Interior's Standards. In the event any structure or other feature is damaged by fire or other calamity, the building inspector may authorize, prior to the commission's review, that amount of repair necessary to correct an unsafe condition.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The State Historical Building Code provides alternative building regulations for the rehabilitation, preservation, restoration, and relocation of structures designated as historic resources. The regulations shall be used in conjunction with other applicable codes in the processing of building permit applications for designated historic resources in the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

In accordance with Health and Safety Code Section 18962, a project that converts or adapts a designated historical resource to a residential use that is located within one-half (0.5) mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, shall not be required to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted.

B. For a project converting or adapting a designated historical resource to a nonresidential use, a twentyfive (25) percent reduction in the number of parking spaces that would otherwise be required shall be allowed.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Purpose. The purpose of this section is to address circumstances in which an owner of a existing or proposed historic resource asserts that compliance with the requirements of this chapter would create an undue hardship, or is infeasible for other specific reasons. Under such circumstances, an assessment shall be required to determine the nature and extent of the hardship, and to assess the impact of the proposed waiver on historic resources. A hardship waiver from specified requirements of this chapter may be approved subject to the standards and procedures in this section.

B.

Criteria for Approval of a Hardship Waiver.

1.

For an income producing property that is a contributing structure or other historic resource, the basis for approval of a hardship waiver exempting a project to alter or demolish the property, in whole or in part, from full compliance with the requirements of this chapter shall be that a reasonable rate of return cannot be obtained from the property if altered in a manner consistent with the requirements of this chapter, or in its present condition, and that the proposed project will not have a significant adverse impact on historic resources.

2.

For a non-income producing property that is a contributing structure or other historic resource, the basis for approval of a hardship waiver exempting a project to alter or demolish the property, in whole or in part, from full compliance with the requirements of this chapter shall be that the property no longer provides beneficial public, private, or institutional benefit to the community, and that that the proposed project will not have a significant adverse impact on the community's historic resources. Non-income producing properties shall consist of owner-occupied dwellings or properties owned by institutional, non-profit organizations, or public entities.

3.

The following circumstances shall not be considered as contributing to the basis for approval of a hardship waiver:

a.

Willful or negligent acts by the property owners or managers;

b.

Purchase of the property for substantially more than market value;

c.

Failure to perform ordinary maintenance and repairs;

d.

Failure to diligently solicit and retain tenants;

e.

Failure to provide normal tenant improvements; or

f.

Failure to accept an offer of purchase of the property at fair market value from a party willing to dedicate a conservation easement for the preservation of the property.

C.

Procedures for approval of a hardship waiver.

1.

Application: The applicant shall complete the application provided by the city clerk, include all information required, and pay any required fee. The property owner seeking a project approval under a hardship waiver must provide information as necessary to support the application for a hardship determination. Different submittal materials may be required depending upon the property's use and circumstances. Necessary studies, evaluations, and the compilation of information as required by the planning commission shall be provided at the waiver applicant's expense.

2.

Review process: Upon receiving an application for a hardship waiver, the planning department shall provide a written response describing the submittal materials required to consider the request pursuant to the following procedure:

a.

Upon receipt of an application and required submittal materials, the planning department shall determine its completeness. If the planning department determines that the application is incomplete, the applicant will

be notified in writing as to the deficiencies. The planning department will take no further steps to process the application until the deficiencies have been remedied.

b.

Upon receipt of a complete application, the planning department and historic district delegates shall conduct an evaluation as to whether a hardship waiver is justified and make a recommendation to the planning commission. If the proposed project is to demolish, in whole or in part, a contributing structure or other historic resource, the planning commission shall consider the recommendation of the historic district delegates at a properly noticed public hearing.

c.

If the planning commission determines that a hardship waiver is not justified, the applicant shall be notified of such determination and the process shall terminate; except that any person may appeal the planning commission's decision to the city council within ten (10) days of the commission's determination in accordance with Section 17.140.030 (Appeals of planning commission action).

d.

If the planning commission determines that a hardship waiver is justified, or justified with conditions, the city clerk shall schedule the matter for consideration by the city council and the planning department shall submit a written report to the city council incorporating the commission's recommendation and its reasons in support of the proposed hardship waiver. If the proposed project is to demolish, in whole or in part, a contributing structure or other historic resource, the city council shall consider the recommendation of the planning commission at a properly noticed public hearing.

e.

If the city council approves, or approves with conditions, a hardship waiver for a proposed project, it shall make findings of fact and determinations in writing subject to the requirements of the California Environmental Quality Act.

f.

If a hardship waiver is approved for a project to demolish, in whole or in part, a contributing structure or other historic resource, the project applicant may be required to take measures including, but not limited to, the following prior to any demolition:

i.

Document the site, structures, buildings, or objects that are to be demolished, using the Historic American Buildings Survey and/or the Historic American Engineering Record standards when determined to be applicable by the city manager; and

ii.

Salvage building materials, architectural elements, or other features deemed valuable for other preservation or restoration activities within the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The city manager shall assure that all public agencies which own or may acquire property falling under the provisions of this chapter are informed of the responsibilities involved in such ownership and that all government officials, boards, commissions, and departments shall cooperate in carrying out the spirit and intent of this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Violations of these sections, upon proper notification to the property owner or custodian, and subsequent failure to perform required abatement or reasonable maintenance shall be guilty of an infraction or misdemeanor, as determined by the code enforcement officer, and punishable by fines and possible imprisonment, in accordance with Section 17.144.020 (Penalty for violation) with fifty (50) percent of the fine to go to a designated enforcement fund.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The city council shall direct the costs of filing fees for sections of this chapter and the city clerk shall post and maintain a fee schedule for historic site alteration permits. Such costs shall reflect the actual costs of processing applications and proposals associated with historic resources.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.68.200 - Designated historic districts and landmarks.

A.

Dunsmuir Historic Commercial District. There is hereby designated pursuant to the provisions of this chapter, a historic district known as the "Dunsmuir Historic Commercial District." Said district is a composite of approximately four blocks that comprise the historic commercial core of the city, and which are roughly bounded by Sacramento Avenue, Dunsmuir Avenue, Pine Street, and Cedar Street. The "Dunsmuir Historic Commercial District," and the contributing and non-contributing resources within it, are shown in Figure 17.68-1.

==> picture [336 x 255] intentionally omitted <==

Figure 17.68-1, Dunsmuir Historic Commercial District

B.

California Theatre Landmark. There is hereby designated pursuant to the provisions of this chapter, a landmark known as the "California Theatre." Said landmark is located in the Dunsmuir Historic Commercial District at 5739/5741 Dunsmuir Avenue.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.72 - SIMILAR USE DETERMINATIONS

Sections:

All possible land uses may not be listed within the provisions of this title. When a particular use is not specifically listed in this title and it is unclear whether the use is permitted, the similar use determination allows the planning commission to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether it may be permitted in a particular zoning district.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A similar use determination is required when a use is not specifically listed in this zoning code but may be permitted if it is determined to be similar in nature to a permitted or conditionally permitted use.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

An application for a similar use determination shall be filed with the planning commission on a form prescribed by the city clerk, accompanied by an application fee as established by the city council.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

No public hearing is required for review and processing of a similar use determination.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The planning commission shall approve a similar use determination only if it first makes the following findings. If the planning commission is unable to make any of the findings, the similar use determination shall be denied.

A.

The characteristics of and activities associated with the proposed use are equivalent to one or more of the permitted uses and will not involve a higher level of activity, environmental impact, or population density than the uses provided for in the zoning district.

B.

The proposed use will be consistent with the purposes of the applicable zoning district.

C.

The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the proposed use will be allowed.

D.

The proposed use will be consistent with the general plan and this code.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The planning commission may require modifications to the proposed use, in whole or in part, to ensure consistency with the findings in Section 17.72.050 (Findings).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

To amend a similar use determination following approval by the planning commission, a new similar use determination application shall be required.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

In case the applicant or other affected party is not satisfied with the decision of the planning commission, they may appeal said decision to the city council in accordance with Section 17.140.030 (Appeals of planning commission action).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The city clerk shall maintain a record of approved similar use determinations in a format convenient for public use and shall cause the approved similar use determinations to be added to the zoning ordinance at least once each year.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.76 - OFF-STREET PARKING

Sections:

Off-street parking and loading facilities are necessary to ensure functional, aesthetic, and secure parking and to reduce parking congestion and hazards during snow removal. The regulations and design standards of this chapter are intended to ensure usefulness of facilities, to protect public safety, and where appropriate, to mitigate potential adverse impacts on adjacent land uses.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Unless stipulated by other provisions of this title, off-street parking facilities shall be provided for any new building or land use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required; provided, that the additional parking shall be required only for the addition, enlargement, or change and not for the entire building or use.

B.

Facilities being used for off-street parking on the effective date of this ordinance codified in this title shall not be reduced in capacity to less than the number of parking spaces required or altered in design or

function to less than the minimum standards prescribed by this title, except as provided by Section 17.76.120 (Exceptions) and Chapter 17.116 (Accessory Dwelling Units).

C.

For sites with more than one land use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as provided by Section 17.76.060 (Shared parking facilities).

D.

Parking facilities constructed or substantially reconstructed subsequent to the effective date of the ordinance codified in this title shall conform to the design standards set forth in Sections 17.76.090 (Design, construction, and maintenance standards) and 17.76.140 (Minimum off-street parking requirements).

E.

Required parking facilities shall be maintained for the duration of the land use for which it is required and shall not be used for the sale, display, or storage of merchandise.

F.

Required parking facilities shall be on the same site as the land use for which required, except as authorized pursuant to Section 17.76.050 (Off-site parking).

G.

A land use that is subject to approval of a use permit may be required to provide more or fewer parking spaces than prescribed by this chapter as determined by the city engineer.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Parking facilities for each land use shall be provided according to the minimum requirements set forth in Section 17.76.140 (Minimum off-street parking requirements), applied as follows:

A.

When application of Section 17.76.140 results in a fractional parking requirement, a fraction of one half (0.5) or greater shall be resolved to the higher whole number.

B.

For purposes of this chapter, requirements shall be based on gross floor area, but excluding enclosed or covered areas used for off-street parking or loading.

C.

When requirements are based on seats or capacity, Building Code provisions applicable at the time of determination shall be used to define capacity.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

In a parking facility of ten (10) or more spaces, a maximum of twenty-five (25) percent of the spaces may be designed for compact cars. Spaces for compact vehicles shall be located in a manner affording desirability and usability equivalent to standard spaces.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Where permitted by use permit, the planning commission may authorize a portion or all the parking spaces required for a land use to be located on another site. An application for off-site parking shall require submission of a use permit application; payment of the applicable application fee deposit; a detailed and scaled site plan of the proposed parking facility; and a written statement addressing the relevant factors listed in subsection B of this section.

B.

In determining whether to approve an application for a use permit for off-site parking, the planning commission shall consider all relevant factors, including:

1.

The locations of the land use and the proposed off-site parking facility, and the parking demand created by other land uses in the vicinity.

2.

The characteristics of the land use, including employee and customer parking demand, hours of operation, and projected convenience and frequency of use of off-site parking.

3.

Convenience and safety of pedestrian access between the land use and off-site parking facility.

4.

Difficulty or impracticality of providing all required parking on the same site as the land use the parking facility serves.

5.

The recommendations of the city engineer and city planner.

C.

The planning commission may require such guarantees as deemed necessary to assure continued availability and usability of any off-site parking.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

When two (2) or more uses are located on the same lot or parcel of land, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with this chapter.

B.

Where permitted by use permit, the planning commission may authorize an adjustment in the total parking requirement for separate land uses located on the same site, or for separate uses located on adjacent sites and served by a common parking facility. A request for adjustment shall require submission of a use permit application; payment of the applicable application fee deposit; a detailed and scaled site plan of the proposed parking facility; and a written statement addressing the relevant factors listed in subsection E of this section.

C.

Subject to the granting of a use permit in accordance with Chapter 17.88 (Use Permits and Variances), the total parking requirement for all land uses served by a shared parking facility may be reduced by an amount not to exceed the following:

D.

A parking facility subject to adjustment under this section shall be designed as a common, unified parking facility providing reasonably equivalent accessibility and convenience to all land uses which the parking facility is intended to serve.

E.

In determining whether to approve an adjustment for mixed-use developments and shared parking facilities, the planning commission shall consider all relevant factors, including:

The characteristics of each land use and the differences in projected peak parking demand, including days or hours of operation.

2.

Potential reduction in vehicle movements afforded by multipurpose use of the parking facility by employees, customers, or residents of the uses served.

3.

Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility.

4.

The recommendations of the city engineer and city planner.

F.

A use permit authorizing a reduction in the amount of off-street parking shall be granted only when all of the following findings can be made, based on substantial evidence:

1.

The specific characteristics of the land use for which the reduction is requested do not necessitate the number of parking spaces that would otherwise be required by this chapter.

2.

Information provided by the applicant for a reduction in required parking documents and supports the need for fewer parking spaces.

3.

The reduced parking standards will be adequate to accommodate all parking demands generated by the proposed land use and will not be detrimental to the public health, safety, and general welfare.

G.

The planning commission may require such guarantees as deemed necessary to assure the continued availability of parking and adequacy of maintenance and operating agreements to retain the usability of the parking facility.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.76.070 - Accessible parking facilities.

A.

Accessible parking spaces for serving disabled persons shall be established in accordance with the regulations of Section 1129 B of Title 24, California Code of Regulations.

B.

Accessible parking space facilities may be permitted to be established within a yard setback area pursuant to Chapter 17.124 (Reasonable Accommodations).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Each off-street loading space required by this title shall be of sufficient size to park commercial vehicles loading and unloading merchandise and materials on the property on which a space is located, together with such additional area which the city engineer determines is necessary to safely maneuver a vehicle between the loading space and any public right-of-way or any road, street, or alley adjoining the property.

B.

Private off-street loading space for the handling of goods, materials, and equipment shall be provided as follows:

1.

Buildings fifteen thousand (15,000) square feet or greater of gross floor area (including building conversions): one (1) off-street loading space, plus one (1) additional space for each additional thirty thousand (30,000) square feet of gross floor area.

2.

Buildings less than fifteen thousand (15,000) square feet of gross floor area shall not be required to install an off-street loading space.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.76.090 - Design, construction, and maintenance standards.

A.

Use of Standards. The design standards established by this section are basic guidelines for design, construction, and maintenance of parking and loading facilities. The city engineer may authorize minor variations or adjustments to the design, function, attractiveness, and protection to adjoining uses in a manner equal to or greater than the specific requirements of this section.

B.

Minimum Dimensions. The following are the minimum dimensions for parking and loading spaces:

C.

Landscaping. The following basic standards shall apply, except where conflicts may arise with the water efficient landscaping requirement of Chapter 15.52 (Water Efficient Landscaping), in which case Chapter 15.52 shall prevail.

1.

Each parking facility having twelve (12) or more spaces shall provide a perimeter landscaped strip at least five (5) feet wide where the facility adjoins a property line. Perimeter landscaping shall be continuous, except for necessary access to the site or to the parking facility.

2.

Each parking facility shall provide interior landscaping, including shade trees where appropriate, in accordance with the following schedule. Where possible, existing trees shall be incorporated into landscaped areas. Interior landscaping shall be distributed throughout the parking facility to reduce the visual impact of large, paved areas.

3.

Landscaped areas shall be provided with irrigation facilities and shall be protected with curbs or equivalent barriers.

D.

Paving and Drainage. The following standards shall apply:

1.

All parking and loading facilities shall be graded and provided with permanent storm drainage facilities.

2.

Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or streets and to provide adequate drainage within the facility.

3.

The surfacing of parking and loading facilities shall be asphalt, concrete, brick pavers, or an alternative allseason hardscape deemed appropriate by the city engineer.

E.

Safety Features. The following standards shall apply:

1.

Safety barriers, protective bumpers, or curbing, and directional markings shall be provided to assure safety, efficient utilization, protection to landscaping, and to prevent encroachment onto adjoining public or private property.

2.

Visibility of and between pedestrians, bicyclists, and motorists shall be assured within the parking facility and at all access driveways.

3.

Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accord with accepted principles of traffic engineering and traffic safety.

F.

Lighting. Aboveground lighting fixtures shall be designed to reflect away from any residential land uses, and to minimize glare and reflection onto adjoining properties.

G.

Noise. Areas used for primary circulation, frequent idling of vehicle engines, or loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling, as appropriate.

H.

Maintenance. Parking and loading facilities shall be maintained to assure desirability and usefulness, free of refuse, debris, or other accumulated matter. Landscaping, screening, fencing, signing, lighting, surfacing,

striping, and other features shall be maintained in a usable manner.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Applicability. With the development of any new or expanded commercial, industrial, or mixed-use land use in the city, in lieu of providing off-street parking spaces as required by the provisions of Section 17.76.140 (Minimum off-street parking requirements), such requirements may be satisfied subject to city approval by payment to the city, prior to the issuance of a building permit, business license, or other permit which may be required, of a sum of money for each parking space required by this chapter in an amount prescribed by the city council. The funds so deposited shall be retained by the city and shall be exclusively for the purpose of acquiring and developing public off-street parking facilities.

B.

Establishment of Fee. The city council shall, by resolution and following a public hearing, establish and/or modify the amount of money that may be deposited in lieu of providing the off-street parking facilities required by this chapter.

C.

Purchase of Property. When sufficient funds are available to the city to acquire or to improve municipal offstreet parking for the historic district, the city may proceed to implement this section by acquisition or improvement of the said parking facilities. The city council shall have the sole determination as to when and where the off-street public parking facilities contemplated to be provided pursuant to this section shall be acquired and developed.

D.

Refund of Fee. An in-lieu parking payment may be refunded by the city, without interest, to the person who made such payment, or his assignee or designee, if, prior to the date said funds are spent or committed by the city to acquire or develop off-street parking facilities, additional off-street parking spaces are provided for such building other than by the city, so as to satisfy the parking requirement for which the in-lieu payment was made.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Carports required herein shall be permanent structures anchored to the ground and constructed in such a manner that they comply with all structural, foundation, and snow load requirements of the Building Code, as adopted by the city.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The owner of an existing single-family dwelling or duplex may apply for an administrative use permit to convert the garage or carport for each such dwelling unit into an area for other residential purposes upon applying for and obtaining from the city an administrative use permit therefore, on the following terms and conditions:

1.

For each garage space or carport space converted, the owner shall provide one off-street parking space on the subject property, unless the subject property will otherwise have adequate parking pursuant to this chapter. The parking spaces shall not be located within any required building setback area.

2.

Such alternate parking space shall be paved with concrete, asphalt, brick, or a similar hardscape allweather surface.

3.

The design and location of the alternate parking space, together with the access thereto, shall be administratively approved by the city.

4.

Submission by the applicant of such plans for the garage conversion and construction of the parking place as may be required by the building inspector for the issuance of a building permit.

5.

Prior to issuing the use permit, the city shall make a finding that the majority of residences on the block lack garages and the proposed conversion is consistent with other development in the neighborhood.

6.

No use permit shall be required for conversion of the garage or carport into an accessory dwelling unit pursuant to Chapter 17.116 (Accessory Dwelling Units).

B.

No work shall commence on any such conversion or on construction of alternate parking prior to the issuance of the administrative use permit by the city and the applicant obtaining a building permit for such construction and conversion and paying the necessary fee therefor.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The amount of off-street parking required by Section 17.76.140 (Minimum off-street parking requirements) may be reduced by up to twenty-five (25) percent subject to the granting of an administrative permit in accordance with Section 17.88.010 (Administrative permits). An administrative permit authorizing a reduction in the amount of off-street parking shall be granted only when all of the findings pursuant to subsection F of Section 17.76.060 (Shared parking facilities) can be made.

B.

No replacement off-street parking shall be required for the conversion of a garage to an accessory dwelling unit located within one-half (0.5) mile of a transit stop.

C.

No replacement off-street parking shall be required for a parking space modified to accommodate an electric vehicle charging station.

D.

Garage or carport exception. When a residence is being constructed or significantly rehabilitated as part of the local Community Development Block Grant program, the provision for a garage or carport, as required herein, shall not be required. Instead, two (2) paved, concrete, brick, or similar hardscape off-street parking spaces shall be required outside of required setbacks.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.76.140 - Minimum off-street parking requirements.

The following are the minimum off-street parking requirements for all uses in the city:

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.80 - SIGNS

Sections:

A.

Purpose. The purpose of the sign regulations set forth in this chapter shall be to eliminate potential hazards to motorists and pedestrians; to encourage signs which, by their good design, are integrated with and harmonious to the buildings and sites which they occupy, and which eliminate excessive and confusing sign displays; to preserve and improve the appearance of the city as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade; to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to supplement and be a part of the regulations set forth elsewhere under this title; and to promote the public health, safety, and general welfare.

B.

Government Messages and Signs. Nothing in this chapter applies to or restricts the following:

1.

The city's use of city property to display the city's own messages.

2.

Governmental signs for regulatory purposes such as traffic control and public safety (e.g., street signs, danger signs, railroad-crossing signs, signs of public-service companies indicating danger, and aids to service or safety).

C.

Sign Content.

1.

Subject to the consent of the landowner and the sign owner, a constitutionally protected noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any other noncommercial message on a sign if the sign structure or mounting device is legal without consideration of message content. Similarly, an on-site commercial message may be substituted for another commercial message on an on-site sign if the substitution does not also involve a change of the physical structure or mounting device for the sign. Such message substitutions may be made without any additional approval or permitting.

2.

The purposes of this section are to prevent any inadvertent favoring of commercial speech over noncommercial speech or of any particular noncommercial message over any other noncommercial message and to allow a change of commercial messages on an on-site sign without a new permit.

3.

This section does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This section does not allow the substitution of an off-site commercial message in place of an on-site commercial message or the conversion of a sign to general advertising for hire.

4.

In addition to message substitution, whenever a parcel has a right to display area that is unused, that area may be used for constitutionally protected non-commercial messages on temporary signs, without permits or approvals; it may also be used for display of noncommercial messages on permanent structures, if the structure is properly permitted.

5.

This section prevails over any more specific provision to the contrary within this chapter.

D.

Location of Noncommercial Messages. Throughout this chapter, the on-site/off-site distinction applies only to commercial messages on signs. There is no location criterion for noncommercial messages on signs.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following words and phrases when used in this chapter shall be construed as defined in this section:

"Animated sign" means a sign that is designed and constructed (a) to display a message through a sequence of progressive changes of parts, lights, or degrees of lighting; or (b) to incorporate physical motion.

"Architectural projection" means a marquee, porch, canopy, or other similar architectural projection.

"Attached sign" means any sign which is fastened, attached, connected, or supported in whole or in part by a building or structure, other than a sign structure supported wholly by the ground.

"Billboard" means a permanent sign structure that is in a fixed location and is used, in whole or part, for general advertising for hire.

"Detached sign" means any sign not supported in whole or in part by a building or structure, other than by a sign structure which is supported wholly by the ground.

"Directly illuminated sign" means any sign designed to provide artificial light directly or through transparent or translucent material from a source of light within or on such sign, including but not limited to neon and incandescent lamp signs.

"Display area" means the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition that forms an integral part of the display and is used to differentiate the sign from the wall or background against which it is located, excluding the necessary sign supports or uprights on which the sign is located. Where a sign has two (2) or more display faces, the area of all faces will be included in determining the area of the sign. Further, where a sign consists only of individual letters, numerals, symbols, or other similar components and is painted on or attached flat against the wall of a building, and where the individual components are without integrated background definition and are not within a circumscribed frame area, the total area of the sign will be the sum of the areas of the squares or rectangles surrounding each individual sign component.

"Establishment" means any legal use of land, other than long-term residential uses, that involves the use of structures subject to the adopted building code(s). Examples of an "establishment" are businesses, churches, schools, libraries, hotels, motels, offices, and hospitals, but "establishment" does not include single-family residential or duplex residential dwellings, manufactured homes, multifamily residential units, residential care facilities, or similar uses. A multifamily residential development is an "establishment" while under construction, but an individual unit within such a development is not an "establishment" after a certificate of occupancy has been issued or a full-time residency begins.

single-family residential or duplex residential dwellings, manufactured homes, multifamily residential units, residential care facilities, or similar uses. A multifamily residential development is an "establishment" while under construction, but an individual unit within such a development is not an "establishment" after a certificate of occupancy has been issued or a full-time residency begins.

"Flashing sign" means an illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.

"Front footage of building occupancy" means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location.

"General advertising" and "general advertising for hire" mean the displaying of messages that advertise or promote the establishments, activities, or causes of others, typically for a fee or other consideration.

"Height of sign" means the vertical distance measured from the adjacent street grade or upper surface of the nearest curb of a street other than an elevated roadway, whichever permits the greatest height, to the highest point of such sign.

"Indirectly illuminated sign" means a sign whose illumination is derived entirely from an external artificial source which is arranged so that no direct rays of light are projected from such artificial source into residences or streets.

"Monument sign" means a sign which is erected with its base on the ground or on a support substantially equivalent in width and depth to the base of the sign; which incorporates into its design the design and building materials of the building and structures on the same premises that the sign serves.

"Moving sign" means any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical,

electronic, or kinetic means, including intermittent electrical pulsations, or by actions of wind currents.

"Nonconforming sign" means an existing sign legally existing at the time of the effective date of the ordinance codified in this chapter which does not conform to the provisions of this chapter.

"Off-site sign" means any sign that: (a) is used to display messages other than general advertising for hire; and (b) is not located on the premises of the message sponsor.

"On-site sign" means a sign that: (a) directs attention to an establishment or activity conducted on, or to a product, service, or entertainment sold or offered on, the same premises as those upon which the sign is maintained; and (b) does not display general advertising for hire.

"Portable sign" means any sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.

"Projecting sign" means any sign which is located, in whole or in part, in or over the right-of-way of any street, sidewalk, or alley, or other public thoroughfare. A projecting sign shall also include any sign affixed to or part of a marquee, canopy, or vestibule where such sign is located in or over the street right-of-way.

"Roof sign" means any sign or portion thereof located on or extending over the roof of a building and either supported by the roof or by an independent structural frame. A sign which is attached flat against the wall of a penthouse or other similar roof structure which is part of the enclosed floor area of the building shall not be considered a roof sign.

"Rotating sign" means any sign or portion thereof which physically revolves about an axis.

"Sandwich board sign" means any portable sign that is capable of standing without support or attachment and is hinged or designed to fold up for easy moving by hand. Such signs are generally known as A-frame signs, sandwich signs, or sandwich board signs and typically resemble the letter "A" but may also resemble the letters "T" (upright or inverted) or "U" or "H."

"Sign" means any visually communicative image located on public display and visible from the exterior of any portion of the public right-of-way or other place that is open to passage by the public. It includes every advertising message, announcement, declaration, demonstration, display, projected image, illustration, insignia, surface, statue, object, or space erected or maintained in view of the observer for identification, advertisement, or promotion of the interests of any person, entity, product, or service.

"Sign structure" means a structure of any kind or character, erected, used, or maintained for the primary purpose of supporting a sign.

"Swinging sign" means a sign that is supported by cables against movement due to wind in such a way that, in the event of an emergency such cables may be cut, and the sign swung back against the building and in such a position will continue to be supported by the building with no danger of falling.

"Unilluminated sign" means a sign not illuminated, directly or indirectly, by anything other than ambient light.

"Wind sign" means any sign or portion thereof or series of signs, banners, or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The signs specified in this section are exempt from the sign permit provisions of this chapter, and the display area of such signs is not to be included in the cumulative display area of signs allowed for any parcel, use, or occupancy.

A.

Incidental Small Signs. Unilluminated signs that have a display area not exceeding four (4) square feet; display messages other than general advertising; and do not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties. The cumulative display area of all such signs on a parcel may not exceed one (1) square foot per five (5) linear feet of street frontage.

B.

Flags. Flags that display messages other than general advertising; are displayed on private property; and do not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties. The cumulative display area of all flags on a parcel, calculated by measuring one (1) side of each flag, may not exceed one (1) square foot for every three (3) linear feet of street frontage.

C.

Interior Signs. Signs located within the interior of any building, or within an enclosed lobby of any building, and signs for and located within the inner or outer lobby, court, or entrance of any theater; provided however, that no sign will be exempt hereunder unless it is designed, located, and intended to be viewed primarily from inside the premises and not from the public right-of-way.

D.

Public Parks. Signs within public parks, provided that such signs are displayed in compliance with regulations of the recreation and parks district.

E.

Public Schools. Signs within public school property, provided that such signs are displayed in compliance with the regulations of the applicable school district.

F.

Community Gardens. Unilluminated signs within community gardens provided that such signs display messages other than general advertising; are located outside of accessible paths of travel; do not exceed six (6) feet in height; and do not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties. The cumulative display area of all such signs on a parcel may not exceed two (2) square feet per five (5) linear feet of street frontage.

G.

Farmers' Markets. Unilluminated signs for certified farmers' markets located on property where a certified farmers' market is permitted. Such signs shall be located outside of accessible paths of travel and displayed only on market day and up to twenty-four (24) hours prior.

H.

Sandwich Board Signs. Sandwich boards subject to the following:

1.

One (1) sign used to display messages other than general advertising is permitted per business.

2.

Signs shall have a maximum of two (2) sign faces and a maximum of six (6) square feet per sign face.

3.

No sign shall exceed three (3) feet in width or four (4) feet in height when opened for display.

4.

Signs must be constructed of durable, weather-resistant materials and shall be professionally executed. Stenciled plywood is not permitted.

5.

Location. Signs shall not block accessible paths of travel or inhibit sight distance for ingress and egress.

6.

Stabilization. All signs shall be freestanding and be able to withstand wind gusts or must be removed during inclement weather. Signs shall not be secured to structures, landscape trees, benches, or any other features.

7.

Daily Removal. The sign shall be removed at the close of business each day.

8.

Liability. Each person or entity that displays a sandwich board sign on a city sidewalk is solely responsible for all injuries and damage caused by the sign and shall indemnify the city against all liabilities, claims, demands, damages, and costs arising in any way from the sign.

9.

Historic District. Portable signs within the H combining district shall further comply with the historic district sign guidelines described in subsection (G)(3)(g) of Section 17.80.060 (Regulations applicable to zoning districts), if any.

I.

Sponsorship Signs for Electric Vehicle Charging Stations (EVCS). Signs affixed to a structure or apparatus that provides the public with access to subsidized, non-proprietary charging of electric vehicles and located on city property under an agreement between the city and the owner of the structure or apparatus.

1.

Each such structure or apparatus (an "EVCS") may have up to two (2) sponsorship signs that display instructions for use of the EVCS and identify the sponsor(s).

2.

Each sponsorship sign for an EVCS must comply with all of the following:

a.

The display area of each sign may not exceed eight (8) square feet;

b.

Any illumination must be from a light source within the sign;

c.

The sign may not use digital display technology;

d.

The sign must comply with subsection G of Section 17.80.120 (Construction standards);

e.

General advertising may not be displayed;

f.

The sign must not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent property; and

g.

When located in the H combining district, said sign(s) shall comply with the historic district sign guidelines described in subsection (G)(3)(g) of Section 17.80.060 (Regulations applicable to zoning districts), if any; and

h.

The sign must satisfy all requirements, conditions, and restrictions in the agreement between the city and the owner of the structure or apparatus.

J.

Temporary Signs. Signs that meet the following criteria are exempt temporary signs:

1.

Residential and Residential Mixed Use Zoning Districts. In the R-1, R-2, R-3, and MU-1 zoning districts, temporary signs are allowed on any developed or undeveloped parcel provided the cumulative display area of all temporary signs on the parcel does not exceed twelve (12) square feet.

2.

Mixed-Use and Town Center Zoning Districts. In the MU-2, MU-3, and T-C zoning districts, temporary signs are allowed on any developed or undeveloped parcel provided the cumulative display area of all temporary signs on the parcel does not exceed twenty-four (24) square feet.

3.

Service Commercial and Manufacturing Zoning Districts. In the S-C, L-M, and M zoning districts, temporary signs are allowed on any developed or undeveloped parcel provided the cumulative display area of all temporary signs on the parcel does not exceed forty-eight (48) square feet.

4.

A temporary sign shall not be illuminated except by ambient light, exceed six (6) feet in height, or be displayed on a parcel more than a total of ninety (90) days in a calendar year.

5.

A temporary sign may be staked in the ground; may be tacked, pasted, or otherwise temporarily affixed to legally existing fences, structures, and buildings; and may be taped, painted, or otherwise temporarily affixed to the interior or exterior surfaces of building windows.

6.

A temporary sign may not be located within or over the public right-of-way, except as approved by the city council.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

No person shall erect, alter, or relocate any sign of the type specified in this section.

A.

Traffic Hazards. No sign shall be permitted at the intersection of any street in such a manner as to obstruct free and clear vision of motor vehicle operators or at any location where by reason of its position, shape or color it may interfere with or be confused with any authorized traffic sign, signal, or device or which makes

use of a word, symbol, phrase, shape or color in such a manner as to interfere with, mislead, or confuse traffic.

B.

Animated and Intensely Lighted Signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. No sign shall be permitted which because of its intensity of light constitutes a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties.

C.

Moving Signs. No sign or any other portion thereof shall be allowed that moves or assumes any other motion constituting a nonstationary or fixed condition.

D.

Outline Tubing. Outlining of a building or structure by means of exposed neon tubing, exposed incandescent lighting, or other artificial lighting, or an equivalent effect is prohibited.

E.

Off-Site Signs and Billboards. Notwithstanding any contrary provision of this chapter, the construction, erection, installation, and use of new off-site signs and billboards is prohibited, subject to the following:

1.

This section does not prohibit the city from entering into relocation agreements regarding existing billboards, as authorized by Section 17.80.100 (Nonconforming signs and uses) and state law.

2.

This section does not affect billboards that legally existed on the effective date of the ordinance codified herein, were legal when constructed; and are in conformance with all applicable laws. This section also does not affect the city's ability to condemn any existing billboards.

3.

This section does not affect billboards constructed on or after the effective date of the ordinance codified herein, under a relocation agreement authorized by Section 17.80.100 (Relocation of off-site signs pursuant to relocation agreements) and state law.

F.

Parking of Advertising Vehicles Prohibited. No person shall park any vehicle or trailer on a public right-ofway or public property or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle.

G.

Emission of Sound, Odor, or Visible Matter. No advertising sign or device shall be permitted which emits audible sound, odor, or visible matter.

H.

Fixed Balloon Signs. The use of a fixed balloon within the city as a sign is prohibited. The term "fixed balloon" shall mean any lighter-than-air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location.

I.

Miscellaneous Signs and Posters. The tacking, painting, pasting, or otherwise affixing of signs or posters of a miscellaneous character, visible from a public way, located on the walls of a building, barns, sheds, on trees, poles, posts, fences, or other structures is prohibited.

J.

Public Areas, Removal, Liability for Costs. No sign shall be allowed that is located on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree, or other surface located on public property or over or across any street or public thoroughfare except as may otherwise expressly be authorized by this chapter.

1.

Any sign found located, posted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed by any company, organization, or individual owning or responsible for maintaining that property, or by the city. Notwithstanding the provisions of Section 17.80.110 (Removal and disposition of signs by city), no advance notice or hearing shall be required. The person responsible for any such illegal placement, posting, or affixing shall be liable for the costs incurred in the removal thereof, and the city manager is authorized to effect the collection of any removal costs incurred by the city. Any such sign may be disposed of in any manner deemed appropriate by the person who removes it.

2.

Removal Costs. For purposes of this section, the following persons are responsible for placing a sign and to pay removal costs:

a.

The person whose name, address, or contact information appears as the sponsor or promoter of the activity or event referred to on the sign;

b.

The person whose name, address, or contact information appears as the person to contact on the sign;

c.

The owner, or lessee if the property is leased, of property used for a commercial activity or event advertised on the sign;

d.

The promoter or sponsor of any activity or event to which the sign refers;

e.

The candidate named on a sign which promotes a candidate for public office;

f.

The real estate broker, agent, brokerage firm, or other person whose name or telephone number appears on a sign advertising property for sale, lease, or rent;

g.

The owner, or lessee if the property is leased, of property used for a yard or garage sale advertised on the sign.

3.

Any person responsible for paying removal costs may avoid such liability by demonstrating that they did not cause, authorize, permit, encourage, direct, recommend, or approve the posting of the sign on public property.

K.

Other Prohibited Signs. Except as otherwise provided in this chapter, the following signs are prohibited:

1.

Pennants, streamers, bunting, and wind signs.

2.

Signs that are located on or project over the roof of a building or structure.

3.

Off-site signs and signs displaying general advertising for hire.

4.

Statues, real or simulated, utilized for advertising purposes.

5.

Sidewalk clocks.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.80.050 - Sign permits.

A.

Sign Permit Required. Except as otherwise provided in this chapter, it is unlawful for any person to erect, alter, install, or relocate, or to direct or order a person in their employ to erect, alter, install, or relocate, a sign within the city without first obtaining a sign permit or permits from the building official.

B.

Permission of Property Owner. No person shall erect, construct, or maintain any sign upon any property or building without the consent of the owner, person entitled to possession of the property or building if any, or their authorized representatives.

C.

Application for a Sign Permit. An application for a sign permit must be submitted to the building official upon a form provided by the city, must be accompanied by payment of all required fees, and must include the following information and documents:

1.

Drawings to scale indicating the sign location, dimensions, and construction; the associated electrical wiring and components; and the method of attachment and the character of structural members to which the sign will be attached. The building official may also require that the applicant furnish additional information and documents, prepared by an engineer who is registered under the California Professional Engineers Act, concerning the structural design and proposed attachments.

2.

Any permits or other entitlements required under this title or required by other governmental entities with jurisdiction (e.g., Caltrans).

3.

Any other information and documents the building official may need to determine whether the proposed sign complies with all applicable laws and regulations.

D.

Issuance of Sign Permits.

1.

Within thirty (30) days after submission of an application for a sign permit, the building official shall do one of the following:

a.

If the building official determines that the proposed sign complies with all applicable laws and regulations, then the building official shall issue the permit.

b.

If the building official determines that the application is incomplete or that the proposed sign does not comply with all applicable laws and regulations, then the building official shall issue a notice to the applicant that identifies the deficiencies. Within thirty (30) days after receiving the notice, the applicant may correct the deficiencies and resubmit the application without paying any additional fees, and the building official shall process the resubmission in the same way that new applications are processed. Only one (1) resubmission is allowed. If the building official determines that a resubmitted application is still incomplete or that the proposed sign still does not comply with all applicable laws and regulations, then the application will be deemed denied.

2.

An application will be deemed denied if the building official does not act on it as required by subsections (D)(1)(a) or (D)(1)(b) of this section within thirty (30) days after the application is submitted or resubmitted unless the applicant has waived the thirty (30)-day requirement.

3.

Every sign permit issued by the building official will expire if the work authorized by the permit is not commenced within sixty (60) days after the issuance date of the permit or if the work is suspended or abandoned for one hundred twenty (120) consecutive days or more after the work is commenced. Before the work may be commenced or resumed after expiration, a new permit must first be obtained, and the fee therefor will be one-half (0.5) the amount required for a new permit for the work, except as follows: if changes have been made or will be made in the original plans and specifications for the work, or if the suspension or abandonment exceeds one (1) year, then the fee will be the same as the fee for a new permit.

4.

The building official may, in writing, suspend, or revoke a sign permit whenever the permit is issued on the basis of a material omission or misstatement of fact or in violation of this chapter or any ordinance.

5.

When deciding whether to issue, deny, suspend, or revoke a permit, the building official shall not consider the content or graphic design of messages other than to determine legality under federal or state law.

E.

Effect of Issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain a public or private nuisance nor shall any permit issued hereunder constitute a defense in an action to abate a nuisance.

F.

Fees. Permits shall be subject to such fees as are specified by resolution of the city council; provided, however, that the minimum fee for a permit exclusive of any permit costs for electrical components, shall be as established by resolution of the city council. In addition, when any sign is hereafter erected, located, installed, or otherwise established on any property prior to obtaining permits as required by this chapter the fees therefor shall be doubled, but the payment of such double fee shall not relieve any person from complying with other provisions of this chapter or from penalties prescribed herein.

G.

Inspection of Signs.

1.

A person or entity that erects, alters, installs, or relocates a sign shall notify the building official within three (3) business days after completion of the work for which a sign permit or permits have been issued.

2.

Upon receiving the notice, the building official shall inspect the sign and notify the person or entity that erected, altered, installed, or relocated the sign of any deficiencies. If all identified deficiencies are not cured to the building official's reasonable satisfaction within ten (10) days after the notice of deficiencies, then the building official may, in writing, suspend or revoke the sign permit.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.80.060 - Regulations applicable to zoning districts.

A.

General. The regulations in this section are adopted governing the number, size, type, location, and other provisions relating to signs within the various zoning districts of the city as the zoning districts are established and designated by this title. No signs shall be allowed in these zoning districts unless allowed by this chapter or unless such signs comply with the regulations established in Section 17.80.090 (Nonconforming signs and uses).

B.

Residential Zoning Districts. In the R-1, R-2, and R-3 residential zoning districts, signs are allowed as follows:

1.

For each single-family residential, duplex residential, dwelling group, small employee housing, supportive housing, or transitional housing, one (1) unilluminated, attached sign not exceeding a combined display area of one (1) square foot per occupancy.

2.

For dormitories, one (1) unilluminated, attached sign, not exceeding eight (8) square feet of display area.

3.

For multifamily residential, one (1) attached sign, of not more than five (5) square feet per dwelling unit, up to a maximum of forty (40) square feet.

4.

For residential care facilities, one (1) attached or detached sign not exceeding twenty-four (24) square feet of display area.

5.

For a meeting place at which the public or membership groups are assembled regularly or occasionally, such as places of worship and religious assembly, private schools, and similar uses, one (1) attached or detached sign not exceeding thirty-two (32) square feet of display area, plus one (1) additional attached sign not exceeding eight (8) square feet of display area.

6.

For all other nonresidential uses in the R-1, R-2, and R-3 residential zoning districts, one (1) attached sign not to exceed sixteen (16) square feet of display area.

7.

Attached signs in the R-1, R-2, and R-3 residential zoning districts shall be located flat against a building, fence, or wall or be designed as part of an architectural feature thereof. No height limit is specified for attached signs provided the sign complies with all other provisions of this chapter.

8.

Detached signs in the R-1, R-2, and R-3 residential zoning districts shall meet the following requirements:

a.

Detached signs shall be a monument type sign with a maximum height of six (6) feet or incorporated into a low-profile decorative entry wall(s). If the detached sign is located on a free-standing base, a double-faced sign is allowed. If the detached sign is affixed flat against an entry wall, one (1) single-faced sign on each side of the driveway is allowed

b.

A detached sign may be located in a front yard or exterior side yard setback area; however, it must be located farther than five (5) feet from the public right-of-way.

C.

Mixed-Use Zoning Districts.

In the MU-1, MU-2, and MU-3 mixed-use zoning districts, residential uses shall be allowed signs as provided in subsection B of this section.

2.

In the MU-1 zoning district, nonresidential uses shall be allowed signs as provided in subsection B of this section.

3.

In the MU-2 and MU-3 zoning districts, nonresidential uses and vertical mixed-use developments shall be allowed signs as follows:

a.

Attached signs located flat against the front of the building or located on, attached to, or an integral part an architectural projection not to exceed a total aggregate display area of two (2) square feet of display area per lineal foot of building frontage.

b.

One (1) sign attached flat against the side or rear of the building or located on, attached to, or an integral part an architectural projection, not to exceed one (1) square foot of display area for every lineal foot of building frontage, up to a maximum of forty (40) square feet, when such side or rear faces a public parking lot or street.

c.

One (1) detached sign not to exceed two (2) square feet of display area per lineal foot of building frontage. Automobile service stations are allowed additional signs on fuel pumps, provided such signs are located in compliance with state law.

d.

For a permitted use that includes drive-through sales or service, two (2) additional signs, not to exceed thirty-two (32) square feet in area per sign, provided such signs are located within or adjacent to a drivethrough lane and are substantially screened from view of public rights-of-way.

e.

The maximum combined sign display area for all uses and signs is one hundred (100) square feet.

f.

Height limits.

i.

Attached signs: Twenty (20) feet.

ii.

Detached signs: Six (6) feet.

iii.

Notwithstanding subsections (C)(3)(e)(i) and (C)(3)(e)(ii) of this section, a conditional use permit for signs taller than the established height limits may be granted by the planning commission, following application and public hearing.

g.

Notwithstanding the above, automobile service stations, hotels, motels, and restaurants located within three hundred thirty (330) feet of a highway interchange area allowed up to one hundred (100) square feet of additional display area and one (1) attached or detached sign up to thirty-five (35) in height due to the freeway services these uses provide.

h.

Use permit required—Roof signs. Notwithstanding subsection K of Section 17.80.040 (Prohibited signs), a conditional use permit for a roof sign may be granted by the planning commission, following application and public hearing.

D.

Town Center Zoning District. In the T-C zoning district, nonresidential uses and vertical mixed usedevelopments shall be allowed signs as follows:

1.

Attached signs located flat against the front of the building or located on, attached to, or an integral part an architectural projection not to exceed a total aggregate display area of three (3) square feet of display area per lineal foot of building frontage.

2.

One (1) attached projecting sign located perpendicular to the front of the building per occupancy not to exceed one (1) square foot per each front foot of building occupancy.

3.

One (1) attached sign located flat against the side or rear of the building, not to exceed one (1) square foot of display area for every lineal foot of building frontage, when such side or rear faces a public parking lot or street.

4.

The maximum combined display area for all uses and signs may not exceed three (3) square feet per each lineal foot of building frontage.

Height limits.

a.

Attached signs: Twenty (20) feet.

b.

Notwithstanding subsections (D)(5)(a) of this section, a conditional use permit for signs taller than the established height limits may be granted by the planning commission, following application and public hearing.

6.

Signs within the Historic (H) combining district are further regulated pursuant to subsection G of this section.

E.

Service Commercial and Manufacturing zoning districts. Within the C-S, L-M, and M zoning districts, signs are subject to the following regulations:

1.

One (1) sign attached to the front of the building per occupancy, not to exceed three (3) square feet of

display area for every lineal foot of building frontage, up to a maximum of two hundred (200) square feet of display area. No such sign need less than forty (40) square feet of display area regardless of building frontage.

2.

One (1) attached sign located flat against the side or rear of the building, not to exceed (2) square feet of display area for every lineal foot of building frontage, up to a maximum of one hundred (80) square feet of display area, when such side or rear faces a public parking lot or street.

3.

One (1) detached sign per building larger than ten thousand (10,000) square feet, not to exceed one (1) square foot of display area for every lineal foot of building frontage, up to a maximum of one hundred fifty (150) square feet of display area per building.

4.

The maximum height limit for signs is as follows:

a.

Attached signs: Twenty (20) feet.

b.

Detached signs: Twelve (12) feet.

c.

Notwithstanding subsections (E)(4)(a) and (E)(4)(b) of this section, a conditional use permit for signs taller than the established height limits may be granted by the planning commission, following application and public hearing.

F.

Planned Development Zoning District. In order to preserve the character of a planned development in accordance with Chapter 17.64 (Planned Development, P-D), the development standards adopted for a planned development may specify a sign program that allows for signage that otherwise would be prohibited under this chapter, including, but not limited to, signs that would be prohibited by subsection B of Section 17.80.140 (Variances); and to prohibit signage that otherwise would be allowed under this chapter.

G.

Historic Combining District. Within the H combining district, signs are allowed as permitted in the base zoning district, subject to the additional following requirements:

1.

In addition to the signs prohibited pursuant to Section 17.80.040 (Prohibited signs), no handbill, poster, placard, or other temporary sign shall be placed on a structure in the H combining district, except inside a window or on a bulletin board with the consent of the owner or tenant.

2.

Notwithstanding any other provision in this chapter, no sign may be placed in the H combining district, except in compliance with subsection (G)(3) of this section.

3.

Historic district delegate and planning commission review.

a.

Upon receipt of an application for a sign permit in the H combining district, the city clerk shall notify the building official, city planner, and historic district delegates.

b.

The application shall be reviewed by the building official to determine if the application complies with all applicable regulations of this chapter and the Building Code.

c.

The historic district delegates shall review the application and determine if the application complies with the historic district sign guidelines described in subsection (G)(3)(g) of this section, if any.

i.

If the historic district delegates determine that the application complies with the guidelines, the building official may approve the application. The city planner or historic district delegates may, however, refer any application to the planning commission for consideration.

ii.

If the historic district delegates determine that the application does not comply with the historic district sign guidelines, the application may be denied or referred to the planning commission for consideration.

d.

When an application is referred to the planning commission, the city planner shall provide at least ten (10) days' written notice to the applicant and landowner of the date, time, and place of the meeting at which the planning commission will consider the application. The applicant or landowner may waive the ten (10)-day notice of the hearing.

e.

In reviewing a sign permit application, the planning commission shall consider:

i.

The proposed size, color, location, and lighting of the sign(s);

ii.

The material from which the sign is to be constructed;

iii.

The proliferation of signs on a building or lot;

iv.

The proposed orientation of the sign with respect to structures;

v.

The historic district sign guidelines, if any; and

vi.

Other factors that are consistent with the character of the historic district, and the purpose of the city's historic preservation regulations pursuant to Section 17.68.010 (Purpose).

f.

The planning commission shall approve a sign permit application if it determines that the proposed sign:

i.

Complies with applicable sign regulations and the historic district sign guidelines, if any;

ii.

Will not adversely affect a historic resource or the historic district; and

iii.

Is consistent with the character of the historic district and the purpose of the city's historic preservation regulations pursuant to Section 17.68.010.

g.

The planning commission may adopt historic district sign guidelines that describe typical signs that comply with the criteria prescribed by subsection (G)(3)(e) of this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The signs permitted by this chapter shall be subject to the additional requirements, conditions, and exceptions specified in this section.

A.

Combining Allowances. On buildings having more than one (1) street frontage or occupancy, the maximum allowable number and square footage of attached signs is not transferable either in whole or in part from one (1) street frontage to another nor from one (1) occupancy to another occupancy.

B.

General Provisions Relating to Location.

1.

No sign shall be located nearer than five (5) feet to an interior property line nor shall any sign be located nearer than five (5) feet to any common wall or other point common to two (2) separate occupancies on the same parcel. This regulation does not apply to signs painted on or otherwise attached flat against the wall or architectural projection of a building on the same parcel.

2.

A sign may be located within or project into a required front or exterior side yard setback area. However, no sign may project into or over an abutting public right-of-way except as otherwise provided in this chapter.

C.

Corner Lots.

1.

When a sign is erected at the street intersection corner of the parcel, or at the intersection of a building front, and is situated at an angle so as to be visible from both streets or both frontages, such sign shall not exceed the maximum display area allowed for the longest street footage or building occupancy.

2.

When a detached sign is erected within the front or exterior side yard setback area of a corner lot, placement of said sign shall maintain a clear vision triangle for the intersection. The sign shall also be located a minimum of twenty (20) feet from all other detached signs unless both signs have been incorporated into a low-profile decorative entry wall.

D.

Access Regulated. No sign or its supporting members shall be erected, altered, or relocated so as to interfere with or restrict access to a window or other opening in a building in such manner as to unduly limit air circulation or obstruct or interfere with the free use of a fire escape, exit, standpipe, stairway, door, ventilator, or window or similar opening, provided, however, that the building official may approve a swinging sign or other form of sign or its attachment, when, in their judgment, such sign will not restrict access to such openings.

E.

Sign Clearance. No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the state of California or rules and regulations duly promulgated by agencies thereof.

F.

Sign Illumination. The following regulations shall apply to sign clearance and sign illumination:

1.

All illuminated signs in the R-1, R-2, R-3, and MU-1 zoning districts shall be indirectly illuminated. Directly illuminated signs are allowed in the R-1, R-2, R-3, and MU-1 zoning districts subject to approval of a conditional use permit.

2.

In all other zoning districts illuminated signs may be of direct or indirect illumination subject to the following:

a.

Signs directly illuminated with exposed neon tubing, exposed incandescent lighting, or other artificial lighting shall be subject to issuance of a conditional use permit.

b.

When internally illuminated, only internal illumination protected by a plastic face or other acceptable material shall be permitted.

G.

Location and Depth of Flat Signs. Signs located flat against a building must be erected parallel thereto and the outside face of such sign may extend no more than eighteen (18) inches from the wall of such buildings.

H.

Signs on Parapet Walls, Sloping and Shed Roofs. The following regulations shall apply to the location and height of signs on parapet walls and various roof structures.

1.

Parapet Wall. A sign may be attached to the face of a parapet wall, but may not be located so as to extend more than twenty-four (24) inches above the highest point of such parapet wall.

2.

Sloping Roof. A sign may be attached to the fascia of or located on the sloping roof of a structure but may not be located so as to extend more than twenty-four (24) inches above the upper edge of the fascia of such sloping roof.

3.

Shed Roof. A sign may be attached to the fascia of a shed roof of a structure but may not be located so as to extend more than twenty-four (24) inches above the lower edge of the fascia of such shed roof.

I.

Detached Signs.

1.

Monument Type Signs. The primary material of the monument base or wall shall be decorative masonry or similar material which compliments the design of the main building(s). Backlit canned plastic signs are not allowed.

2.

Number of Panels. A detached sign may consist of more than one (1) sign panel provided all such sign panels are attached to one (1) common integrated sign structure. The total display area of all such panels shall not exceed the maximum allowable display area specified for a detached sign on the parcel. Where a sign message consists of separated or individual letters, modules, or symbols, each portion of such sign message shall not be considered as a one (1) sign panel. In such cases, a single continuous perimeter completely surrounding the sign message shall be utilized to determine its display area.

3.

Projection Over Public Right-of-Way. No detached sign shall project over a public right-of-way except in compliance with subsections J and (K)(2) of this section.

4.

Projection Over Canopy. A detached sign supported by a sign structure which is imbedded in the ground and independent of a canopy for structural support, may project over a canopy. This section shall not be deemed to allow a detached sign to be located over, in whole or in part, the roof of a building. A detached sign which projects over a canopy shall comply with all other applicable regulations of this chapter.

5.

Minimum Clearance. Except for monument type signs, a detached sign shall have a minimum clearance of ten (10) feet between the ground surface and the bottom of the sign, provided that the minimum clearance standard shall not apply if the sign is located in an area not accessible to pedestrian or vehicular traffic, the sign is located at least ten (10) feet from any property line and ten (10) feet from the edge of any driveway entrance, and the sign will not obstruct free and clear vision of motor vehicle operators.

6.

Embellishment. On detached signs the sign structure may extend above the maximum allowable height of the sign for embellishment purposes. Under no circumstances, however, may such extension exceed twenty (20) percent of the maximum allowable height for the sign or include any commercial or noncommercial text, logos, or trademarks.

J.

Signs Projecting Over Public Right-of-Way.

1.

Revocable Permit.

a.

All rights and privileges acquired under the provisions of this chapter, permitting the erection or maintenance of signs over sidewalks or public rights-of-way are mere licenses, revocable at any time without compensation with or without cause, by the city council and all such permits shall contain this provision.

b.

If the city council elects to revoke any such license, it shall give notice of such revocation to the permittee or owner of the property on which the sign is situated and the address shown on the permit or, in the case of the owner, at the address shown on the last equalized assessment roll, and shall afford the owner a period of not less than fourteen (14) days within which to remove the sign or to reconstruct it in such a manner that it does not protrude over the public right-of-way.

c.

If the permittee or owner fails to remove the sign within the period prescribed by the council, it shall be removed by the building official in the manner provided for in Section 17.80.110 (Removal and disposition of signs by city).

2.

Projecting Signs Must Be Double-Faced. All projecting signs must be double-faced except signs located flat against a building or projecting V-shaped signs attached to a building at the open points of the V. Double-faced signs shall have a minimum of two (2) inches and a maximum of twenty-four (24) inches between faces. The faces of such signs shall be fastened to an incombustible metal frame of such construction as to adequately support the sign faces.

3.

Maximum Distance of Projection. An attached sign placed flat against the building may project over a public right-of-way a distance not exceeding eighteen (18) inches. Signs on architectural projections extending over a public right-of-way may project a distance not exceeding six (6) feet. All other attached projecting signs may project over a public right-of-way a distance of not more than three (3) feet; provided, however, no projecting sign shall have an over-all horizontal length in excess of eight (8) feet.

4.

Maximum Display Area. Except for flat wall signs, any attached sign which projects over a public right-ofway shall not exceed a total display area of one hundred fifty (150) square feet.

5.

Minimum Height Above Sidewalk. Except as otherwise provided in this chapter, no projecting sign shall be erected, altered, or relocated over a public right-of-way unless the bottom of the sign is ten (10) feet or more above the sidewalk.

6.

Distance From Wall. No attached projecting sign shall be erected, altered, or relocated a distance of greater than eighteen (18) inches between the face of the building or structure wall to which it is attached and the nearest point of the sign.

7.

Angle of Projection. A sign which projects over a public right-of-way may have the faces of the sign set at any angle to the building face. However, the maximum allowance projection is determined by measurement at a right angle to the building face.

8.

Location and Projection Above Alleys. A sign which projects into or above a public alley shall be located not less than fourteen (14) feet above the alley grade and shall not project more than twelve (12) inches

from the building face.

9.

Materials. All projecting signs in excess of four (4) square feet of display area shall be constructed of noncombustible material, or of fire-retardant material approved by the building official.

K.

Signs on Architectural Projections.

1.

General. Signs may be located above or below an architectural projection of a building and may be supported by said architectural projection when such projection is designed to carry the additional weight of such signs, subject to the following:

a.

Such signs, if illuminated, shall be double-faced signs, with a minimum of two (2) inches and a maximum of twenty-four (24) inches between faces. No exposed tubing or incandescent lamps are allowed. All such lighting devices shall be protected by acceptable shatterproof material.

b.

Any sign attached to or located on an architectural projection shall be located not less than eight (8) feet above a sidewalk, walkway, surfaced area, or ground level below such sign.

c.

No sign may be erected on or attached to an architectural projection in such a manner as to constitute a hazard to firefighters or other emergency responders climbing a ladder located against such architectural projection.

2.

Architectural Projections Extending Over a Public Right-of-Way. In addition to the general requirements in subsection (K)(1) of this section, the following regulations shall apply to signs which are located on, attached to, or which are integral parts of, an architectural projection which extends over a public right-ofway.

a.

No sign attached to or which is an integral part of the face of an architectural projection shall extend above or below the face of such projection.

b.

A sign erected on top of an architectural projection shall not exceed a maximum height of two (2) feet above the upper edge of such projection.

c.

A sign may be located entirely below and supported by an architectural projection of a building shall not exceed six (6) feet in length or sixteen (16) inches in height. Such signs shall not project beyond the face of the architectural projection or more than eight (8) feet from the face of the building.

3.

Architectural Projections not Extending Over a Public Right-of-Way. In addition to the general requirements in subsection (K)(1) of this section, the following regulations shall apply to signs which are located on, attached to, or are an integral part of an architectural projection which does not extend over a public rightof-way:

a.

A sign which is attached to or which is an integral part of the face of an architectural projection may extend a maximum of four (4) feet above or below the face of such projection.

b.

A sign erected on top of an architectural projection may not exceed a height of four (4) feet above the upper edge of the fascia of such projection.

4.

Signs Located on Awnings or Canopies. Signage on any awning or canopy erected and maintained in accordance with this code may be painted, located, or installed only on the hanging border of the awning or canopy; and shall comply with all other appropriate provisions of this chapter.

5.

Moving, Relocating, or Altering Signs.

a.

No existing sign may be moved or relocated to any other parcel, building, structure, or portion thereof, unless such sign complies in its new location with all other provisions of this chapter, or is altered so as to comply therewith. No existing sign may be moved or relocated on the same parcel, building, structure, or portion thereof, unless such sign also complies with all other provisions of this chapter, or is altered so as to comply therewith.

b.

No existing sign may be altered unless such sign, after alteration thereof, complies with all other provisions of this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Construction-Site Signs. In any zoning district, one unlighted sign per development not to exceed thirtytwo (32) square feet of display area, may be located on the lot or attached to the outside of a building during its construction period.

B.

Temporary Signs on Undeveloped Land.

1.

Residential, Mixed-Use, and Town Center Zoning Districts. If a parcel in the R-1, R-2, R-3, MU-1, MU-2, MU-3, or T-C zoning district is undeveloped, then, in addition to the temporary signs allowed by subsection (K)(1) of Section 17.80.030 (Exempt signs), one (1) unilluminated, temporary sign is permitted per three hundred (300) feet of lot frontage that does not exceed four (4) feet by six (6) feet in dimension and twentyfour (24) square feet of display area is allowed if it is authorized by a sign permit issued under Section 17.80.050 (Sign permits). The sign(s) may display general advertising, may be up to six (6) feet in height, and may be displayed for up to one (1) year from the issuance date of the sign permit. When the permit expires, at least ninety (90) days must pass before another permit for such a sign may be issued.

2.

Service Commercial and Manufacturing Zoning Districts. If a parcel in a S-C, L-M, or M zoning district is undeveloped, then, in addition to the signs subsection (K)(2) of Section 17.80.030 (Exempt signs), one (1) unilluminated, temporary sign per three hundred (300) feet of lot frontage that does not exceed eight (8) feet by eight (8) feet in dimension and sixty-four (64) square feet of display area is allowed if it is authorized by a sign permit issued under Section 17.80.050 (Sign permits). The sign may display general advertising, may be up to ten (10) feet in height, and may be displayed for up to one (1) year from the issuance date of the sign permit. When the permit expires, at least ninety (90) days must pass before another permit for such a sign may be issued.

C.

Neighborhood Signs. In any zoning district, a sign, masonry wall, landscaping, and other similar materials or features may be combined to form a display for neighborhood or tract sign provided a conditional use permit has been granted by the planning commission in accordance with Section 17.80.150 (Use permits).

D.

Cemetery Signs. In any zoning district, two (2) attached and/or detached signs, of which no display face shall exceed one hundred (100) square feet. A double-faced sign shall be counted as two (2) signs, provided that the limitation of one hundred (100) square feet shall apply to each face separately.

E.

Signs to be Designed as Integrated Architectural Features. In order to encourage and promote a harmonious relationship between buildings and signs, the planning commission shall have the authority to issue a conditional use permit in accordance with Section 17.80.150 (Use permits) for signs which are

designed into and are a part of an integrated architectural feature of a building where the strict application of the provisions of this chapter would otherwise prohibit such signs.

F.

Signs for Shopping Centers. Signage for shopping center uses shall comply with the following standards:

1.

Maximum Signage. Attached signs shall have a maximum display area of one (1) square foot per front foot of first-floor building occupancy provided that in no event shall the total display area of attached signs exceed two hundred (200) square feet.

2.

Number of Signs. One (1) sign per building and no more than two (2) signs per site to be located above twenty (20) feet in height.

3.

Prohibited Signs. No attached sign shall in any manner identify a specific product(s) to be sold on the site. Sign may consist of a company logo and/or a company name only.

4.

Materials and Design. All attached signs shall be constructed in a manner which is compatible with the design and materials of the structure on which it is to be affixed.

5.

Review and Approval. Proposed signs shall require a conditional use permit pursuant to Section 17.80.150 (Use permits).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.80.090 - Nonconforming signs and uses.

A.

Signs for Legal Nonconforming Uses. Subject to the provisions of this section, signs for a legal nonconforming use are allowed. Signs for a legal nonconforming use shall be deemed to comply with the provisions of this chapter if they comply with the sign regulations for the most restrictive zoning district which permits the nonconforming use as an allowed use. Such signs shall be allowed only so long as the nonconforming use is allowed. Any such sign legally existing on the effective date of the ordinance codified herein, but which does not comply with the regulations of this chapter shall be deemed to be a nonconforming sign under the provisions of this chapter and shall be subject to alteration or removal in accordance with the provisions of subsection B of this section. Notwithstanding any provision to the contrary herein, no new or additional detached sign after the effective date of the ordinance codified herein, for a nonconforming use shall be allowed. The owner of the property on which the sign is located shall have the primary responsibility for removing the signs required to be removed or altered under this section.

B.

Alteration or Removal of Nonconforming Signs.

1.

At no cost to the city, signs existing on the effective date of the ordinance codified herein and rendered nonconforming by adoption of the ordinance codified herein shall be removed, or altered so as to comply with the provisions of this chapter, within the following time limits:

a.

Within one (1) year from the effective date of the adoption of the ordinance codified herein:

i.

Signs that interfere with the clear vision triangle of an intersection.

ii.

"A" frame signs.

iii.

Portable signs on advertising vehicles.

iv.

Canvas signs, banners, flags, pennants, streamers, bunting, and wind signs.

b.

Within three (3) years after the effective date of the ordinance codified herein:

i.

Animated signs.

ii.

Moving signs.

iii.

Signs emitting sound, odor, or visible matter.

iv.

Statuary or representative figures used for advertising purposes.

v.

Signs with exposed neon tubing, incandescent lighting, or other artificial lighting except as otherwise provided in subsection (F)(2)(a) of Section 17.80.070 (Regulations applicable to all land uses).

vi.

Signs in excess of the number of signs or display area allowance specified in this chapter.

c.

Within five (5) years from the effective date of the ordinance codified herein:

i.

Projecting signs.

ii.

Signs and sign structures exceeding the maximum permitted height.

iii.

Roof signs except as otherwise provided in subsection (C)(3)(e) of Section 17.80.060 (Regulations applicable to zoning districts).

2.

Off-site signs and billboards existing at the time of adoption of the ordinance codified herein, and rendered nonconforming by adoption of the ordinance codified herein, may remain. However, the structure of such signs may not be modified or relocated except as otherwise provided in this chapter.

C.

Notice of Nonconforming Signs. Upon the effective date of the ordinance codified in this section, the building official or code enforcement officer shall compile a list of signs in existence on the effective date of the ordinance codified in this section which are required to be removed or altered so as to comply with the provisions of subsection B of this section and with this chapter. Upon the completion of such list, the building official or code enforcement officer shall notify by mail the owners of property upon which such signs are located that compliance with this section is required within the time limit specified. For the purpose of notification, the last known name and address of the owner or owners of the property involved shall be used as shown on the last equalized assessment roll. Notification of the owners of the property involved shall be deemed to be notification of the owners of the signs involved, unless the name and address of the owner of the sign appears thereon, in which event notice will be sent to such sign owner. Notwithstanding any provision to the contrary herein, failure to notify the owner of the property or sign or the failure of such owner to receive such notice shall not relieve such owner of the duty to comply with the provisions of subsection B of Section 17.80.090 (Nonconforming signs and uses) regarding the alteration or removal of nonconforming signs.

D.

Signs Hereafter Rendered Nonconforming. Any sign which becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of annexation to the city of the territory upon which the sign is located, or the amendment of this chapter, this title, or other provision of this code so as to render such sign nonconforming shall be subject to the provisions of this section. The period within which such sign must be removed shall commence to run upon the effective date of the annexation, amendment, or the date upon which the sign otherwise becomes nonconforming.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.80.100 - Relocation of off-site signs pursuant to relocation agreements.

A.

Purpose. The purpose of relocation agreements approved pursuant to this section is to allow for the removal and relocation of existing, nonconforming off-site signs to new and different locations, and to enable the substitute of off-site signs meeting modern standards for such existing, nonconforming, off-site signs. For purposes of this section "off-site sign" and its variants includes "billboards", and "relocation" includes the removal of existing nonconforming, off-site signage and the construction of new replacement off-site signage or alteration of existing off-site signage, subject to compliance with the requirements of this section.

B.

Off-Site Signs Pursuant to Relocation Agreement. Notwithstanding provisions of this chapter to the contrary, a new or relocated off-site sign that does not comply with all of the requirements of this chapter may be allowed pursuant to a relocation agreement approved by the city council pursuant to this section, subject to the requirements and procedures set forth below.

C.

Applicability. Any legal, nonconforming off-site sign may be considered as a candidate for relocation pursuant to a relocation agreement as provided in this section. Such off-site signs may be relocated to a new site or relocated on the present site only in accordance with this section.

D.

Procedure. Relocation agreements may be approved by the city council upon recommendation of the planning commission. Applications for relocation agreements shall be publicly noticed and heard before the planning commission and city council in accordance with the procedures established for use permits pursuant to Section 17.80.150 (Use permits).

E.

Application—Property Owner's Consent or Indemnity. To the extent the applicant is not the owner of the property on which the nonconforming, off-site sign proposed for relocation is located, or is not the owner of the property to which the nonconforming, off-site sign will be relocated, the applicant shall, either at the time of application, either provide documentation of the consent of the owner(s) to the application or, agree

to indemnify the city against any and all claims from owner(s) concerning the processing and approval, should approval occur, of the relocation agreement application.

F.

Requirements for Relocated Off-Site Signs. The off-site sign(s) approved for relocation pursuant to a relocation agreement under this section shall comply with the requirements of this chapter, except as specifically provided below:

1.

Size. The maximum size of an individual off-site sign relocated pursuant to a relocation agreement shall not exceed seven hundred (700) square feet;

2.

Distance Between Off-Site Signs. Except as prohibited by the California Outdoor Advertising Act, off-site signs may be located at or greater than two hundred fifty (250) feet from another off-site sign on the same side of the street; and to the extent an off-site sign is located on one (1) street but is oriented to be viewed from another street, no such sign shall be located nearer than two hundred fifty (250) feet to any other offsite sign on the same side of the street on which it is located or any other off-site sign located on the nearest side of the street to which said sign is oriented.

3.

Zoning. Lawfully existing, nonconforming off-site signs may be altered, modified, or relocated in the same location, regardless of zoning, pursuant to a relocation agreement.

4.

Reduction in Number of Signs and Square Footage. No relocation agreement shall be approved unless the relocation agreement results in a net reduction in the number of off-site signs lawfully allowed and a net reduction in the total square footage of off-site signage lawfully allowed.

5.

Consistency with Outdoor Advertising Act. In addition to complying with the other requirements set forth in this section, the relocated off-site sign must also comply with the requirements of the Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code, including, but not limited to, the restrictions on size, height, proximity to highways and interstates, and other regulations set forth in Articles 7 and 8 of the Act. To the extent any conflict arises between this section and the Outdoor Advertising Act, the Outdoor Advertising Act will prevail.

6.

Findings. A relocation agreement may be approved if the council makes the following findings concerning the signage proposed for relocation pursuant to the relocation agreement;

a.

The relocated signage complies with the purpose and requirements of this section and this chapter;

b.

The relocated signage is compatible with the uses and structures on the site and in the surrounding area, including parks, trails, and other public facilities and amenities;

c.

The relocated signage will not interfere with on-site access, circulation, or visibility;

d.

The relocated signage will not create a traffic or safety hazard;

e.

The relocated signage will not result in any undue or significant increase in visual clutter in the area surrounding the site.

7.

Removal of Existing Off-Site Sign. The off-site sign(s) approved for relocation must be removed from the original location prior to construction or installation of the off-site sign(s) authorized by the relocation agreement.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Removal of Signs by Building Official.

1.

The building official or code enforcement officer shall remove or cause to be removed any abandoned, dangerous, defective, illegal, prohibited, nonconforming sign subject to removal under the provisions of Section 17.80.090 (Nonconforming signs and uses) which has not been removed within the time period specified in such Section 17.80.090, or any other sign maintained in violation of the provisions of this chapter. The building official or code enforcement officer shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten (10) days the sign shall be removed in accordance with the provisions of this section.

2.

For signs described under the provisions of subsection A of Section 17.80.090 the notice shall be mailed or given to the occupant of the property or their employee or representative upon which the sign is located.

For all other signs the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, the notice may also be mailed or delivered to the owner of the sign and the occupant of the property.

4.

Any person having an interest in the sign or the property may appeal the determination of the building official or code enforcement officer ordering removal or compliance by filing a written notice of appeal with the city clerk within ten (10) days after the date of mailing the notice, or ten (10) days after receipt of the notice if the notice was not mailed. The appeal shall be heard by the planning commission or a committee of the planning commission which the planning commission is authorized to create by resolution. Such a committee, if created, shall be called the sign code board of appeals.

5.

Notwithstanding the above, in cases of emergency, the building officials may cause the immediate removal of a dangerous or defective sign without notice.

B.

Disposal of signs—Fees.

1.

Any sign removed by the building official or code enforcement officer pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of abatement or removal shall include any and all incidental expenses incurred by the city in connection with the sign abatement or removal.

2.

If the costs are to be assessed against the property, a hearing to confirm such cost shall be held before the city council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of such property owner as shown on the last equalized assessment roll. If proof is made that notice, as required to be given herein, has in fact been given, the failure of any owner or owners to receive such notice shall not invalidate any proceedings hereunder either as to removal or abatement of such sign or the cost or assessment made in connection therewith. If a cost assessment is confirmed by the city council, such assessment shall be added to and collected with the next property tax bill and shall be treated as a real property tax or assessment and have the same priority as such tax or assessment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Compliance With Building Code. All signs shall comply with the appropriate detailed provisions of the city building code relating to design, structural members, and connections. Signs shall also comply with the applicable provisions of the electrical code of the city and the additional construction standards hereinafter set forth in this section.

B.

Wind Loads. All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as prescribed in the most current edition of the building code.

C.

Supports and Braces. Metal supports or braces shall be designed for and have sufficient strength to support any sign which is attached thereto.

D.

Sign Anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

E.

Detached Signs. All detached sign structures or poles shall be self-supporting structures erected on and permanently attached to concrete foundations. Such structures or poles shall be fabricated only from painted steel or such other materials as may be approved by the building official.

F.

Glass. When glass is used for sign letters or transparent panels, it shall be at least double strength thickness for display areas up to and including three hundred (300) square inches. When glass is used for sign letters or transparent panels for display areas in excess of three hundred (300) square inches at least one-quarter (0.25) inch wire glass shall be used and the maximum span between supports shall be four (4) feet.

G.

Electric Signs. All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Standards, the Underwriters' Laboratories, Inc., or other similar institution of recognized standing. The full number of illuminating elements thereof shall be kept in satisfactory working condition or immediately repaired or relocated. Signs that are only partially illuminated shall meet all electrical

requirements for that portion directly illuminated. All electric signs shall have a disconnect switch located in accordance with the provisions of this title and the electrical code adopted by the city council.

H.

Strength of Parapet Wall. A parapet wall must be designed for and have sufficient strength to support any sign which is attached thereto.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Generally. Each sign shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of such sign. The building official shall require compliance or removal of any sign determined to be in violation of this section in accordance with the provisions of Section 17.80.110 (Removal and disposition of signs by city).

B.

Abandoned Signs. Any sign which is located on property which becomes vacant and unoccupied for a period of three (3) months or more, or any sign which was erected for an occupant or business unrelated to the present occupant or their business, or a sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be promptly removed by the owner of the sign or owner of the premises.

C.

Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises.

D.

Illegal Signs. No person shall erect or maintain or permit to be erected or maintained on any premises owned or controlled by them any sign which does not comply with the provisions of this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

When the strict application of the provisions of this chapter would result in unnecessary hardship or a result inconsistent with the general purposes of this chapter, a variance from the provisions of this chapter may be granted in accordance with Chapter 17.88 (Use Permits and Variances).

B.

No "use variance" shall be granted. A "use variance" is one which permits a particular type of sign to be located in a zoning district in which it is prohibited by this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Where a conditional use permit is authorized or required by this chapter, such permit may be granted at the discretion of the planning commission. The commission shall consider all the factors relating to the proposed sign, whether such sign will adversely affect the public health, safety, and welfare, and whether the application complies with Section 17.80.010 (General) relating to the purpose of this chapter.

A.

The decision to grant or deny a conditional use permit or to impose conditions on a conditional use permit may not be based on the content of messages except to the extent needed to determine legality under federal or state law.

B.

Before granting a conditional use permit, the planning commission shall consider all of the factors relating to the proposed sign and, based on the evidence submitted, make the following findings, as applicable:

1.

The proposed sign will not produce adverse spillover effects (glare, flashing, etc.) on other nearby land uses.

2.

The sign is architecturally compatible, in terms of comparative scale and scope, with building heights in the existing neighborhood.

3.

The sign does not impose a foreign or inharmonious element to the existing skyline.

4.

The location and placement of the sign will not endanger motorists or pedestrians.

5.

The sign will not materially obstruct any prominent view of a structure or facade of historical or architectural significance.

6.

The sign will not materially obstruct any prominent view of a natural feature of regional or statewide significance.

7.

The sign will not materially obstruct views of users of adjacent buildings to side yards, front yards, or open space. The sign will not adversely affect the visual quality of a public open space as a public recreation facility, square, plaza, courtyard, or other similar use.

8.

The sign's lighting will not cause hazardous or unsafe driving conditions for motorists.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Any person aggrieved or dissatisfied with the action of staff resulting from the administration of this chapter may appeal therefrom to the planning commission in accordance with Section 17.140.020 (Appeals of administrative action).

B.

Any person aggrieved or dissatisfied with any action of the planning commission resulting from the administration of this chapter may appeal therefrom to the city council in accordance with Section 17.140.030 (Appeals of planning commission action).

C.

When deciding to affirm, modify, or reverse the action or decision appealed, the planning commission and/or city council shall not consider the content or graphic design of messages other than to determine legality under federal or state law.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

In the event any person should erect, alter, relocate, or maintain a sign in violation of the provisions of this chapter, the same is declared a public nuisance and the city attorney is authorized to bring and prosecute an action in court of competent jurisdiction to enjoin such person from continuing such violation. Any person violating the provisions of this chapter is guilty of an infraction.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.84 - NONCONFORMING USES, STRUCTURES, AND PARCELS

Sections:

17.84.010 - Purpose and applicability.

This chapter establishes special regulations for nonconforming land uses, structures, and parcels that were lawful prior to the adoption or amendment of this title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or future amendments. It is the intent of these regulations to allow the continuation of nonconformities under limited conditions outlined herein and reconstruction in the event of disaster. Generally, any expansion of nonconforming uses or structures is prohibited; however, this chapter establishes special regulations for the potential expansion of nonconformities where specific findings can be made.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Nonconforming Uses. A lawfully established nonconforming use may continue to operate in perpetuity, be transferred, or be sold; provided, that the use shall not be enlarged or intensified, nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming. Likewise, plans for any use approved as of the date the ordinance codified in this chapter becomes effective may be carried out as approved. Any extension of such approval for which the applicant was entitled to apply as of the effective

date may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. The person asserting the nonconforming use must present evidence that the use existed before enactment of the regulations prohibiting or discontinuing the use.

B.

Nonconforming Structures. A nonconforming structure may be maintained or improved as follows:

1.

A nonconforming structure shall be maintained and repaired as necessary to keep the building or structure in sound condition. Maintenance does not include replacement of the structure.

2.

Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable safety standards and the building code.

3.

Structural alteration of a nonconforming structure is permitted to improve safety or to reduce fire hazard.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

Nonconforming Uses. A legal nonconforming use may be modified or expanded, subject to the granting of a use permit in accordance with Chapter 17.88 (Use Permits and Variances).

B.

Nonconforming Structures. An addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this title and provided such modifications do not expand the extent of nonconformity or result in additional nonconformities.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

If a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, the structure may be repaired or rebuilt and reoccupied in the same manner in which it originally existed if the restoration is started within one (1) year of the date of the damage and is diligently pursued to completion.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

If a nonconforming use is discontinued for a continuous period of one (1) year or more, rights to nonconforming status shall terminate. A determination that a use has been abandoned requires both evidence of discontinuance of the use, and an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license is not considered a continuation of the use. Without further action by the city, any subsequent use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any lot or parcel of land of record on the effective date of the ordinance codified in this title may be used as a building site even when it has less area or width then required by the regulations for the district in which it is located provided there are no adjoining parcels under the same ownership. The applicant shall submit a site plan in accordance with Section 17.92.020 (Site Plan). Upon review of the site plan and the finding that the application otherwise complies with all other provisions of this title, the city manager or their designee may approve the site plan. If the city manager or their designee denies the application or imposes conditions unacceptable to the applicant, the applicant may file the request with the planning commission who may approve the use if it finds the application otherwise complies with all other provisions of this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.88 - USE PERMITS AND VARIANCES

Sections:

A.

Uses requiring an administrative permit. Uses shall be required to obtain an administrative permit as specified in this section.

B.

Application.

1.

Application for an administrative permit shall be made on a form prescribed by the city clerk and accompanied by a fee established by the city council. If the applicant does not own the property for which a permit is requested, the application shall be signed by the owner of the property.

2.

No public hearing is required for the review and processing of an administrative permit.

3.

The city manager or their designee may grant or deny an application for an administrative permit under the provisions of this section.

4.

Written notice of decision shall be provided within ten (10) days of the date of decision to the applicant and to all parties who submitted comments or who provided contact information to receive notice. The notice shall include:

a.

The application request as acted upon by the city manager or their designee;

b.

The action taken by the city manager or their designee;

c.

A brief statement explaining the criteria and standards considered relevant to the decision;

d.

A statement of the standards relied upon in rendering the decision;

e.

Findings as listed for each entitlement for the decision based on the criteria, standards, and facts set forth; and

f.

The deadlines, criteria, and fees for filing an appeal.

C.

Revocation. After providing a ten (10)-day notice to the permittee and holding a hearing, the planning commission may revoke any administrative permit that has been granted pursuant to the provisions of this section upon finding any of the following, based on substantial evidence:

1.

Any of the terms or conditions of the permit have been violated.

2.

A law, including any requirement in this title, has been violated in connection with the permit.

3.

The permit was obtained by fraud.

D.

Appeals. If the applicant or any other person is dissatisfied with a city staff action regarding an administrative permit, they may appeal said action pursuant to Section 17.140.020 (Appeals of Administrative Action).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A conditional use permit may be issued in the manner specified in this chapter for any of the uses or purposes for which such conditional use permits are required by the terms of this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The planning commission may approve variances from the terms of this title only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by the other property in the vicinity and under identical zoning classification.

B.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise authorized by the zoning district governing the parcel of property.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.88.040 - Application.

A.

Application for a conditional use permit shall be made to the planning commission in writing on a form prescribed by the city clerk and shall be accompanied by a site plan of sufficient detail to show the detail of the proposed use of land or building. Such application shall be accompanied by a fee established by resolution of the city council.

B.

Application for a variance shall be made to the planning commission in writing on a form prescribed by the city clerk and shall be accompanied by a detailed statement justifying a variance and plans and elevations necessary to show the detail of the proposed variance. Such application shall be accompanied by a fee established by resolution of the city council.

C.

The city shall have thirty (30) days to determine if the application is complete and will give written notice of any additional information required to make the application complete.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A public hearing by the planning commission shall be held within forty-five (45) days after the filing of an application for a conditional use permit or variance that has been determined complete for processing provided that compliance with the California Environmental Quality Act has been completed. Notice of the hearing shall be given in the manner set forth in Section 17.140.010 (Notice Required).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.88.060 - Action by the planning commission on a use permit.

A.

In order to grant any conditional use permit, the findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the city.

B.

The planning commission may designate such conditions in connection with approval of a conditional use permit as it deems necessary to secure the purposes of this title and may require that such conditions will be complied with by the permittee.

C.

The planning commission shall render its decision on any conditional use permit within thirty-five (35) days following close of the public hearing. Failure of the planning commission to render its decision within the period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this paragraph, is an administrative function, the authority and responsibility for performing which is imposed upon the planning commission, and the action thereon by the planning commission shall be final and conclusive unless appealed to the city council within ten (10) days.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

In order to grant any variance, the findings of the planning commission shall be:

A.

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

B.

That the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C.

The variance is not for and does not authorize a use or activity which is not otherwise permitted in the relevant zoning district.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.88.080 - Modification of site plan for which a use permit has been granted.

Any use permit granted pursuant to this chapter shall be conducted only in accordance with a site plan submitted pursuant to Section 17.92.020 (Site plan) and approved at the time of issuance of the use permit. In the event the holder of a use permit desires to modify said site plan, an application shall be filed for

modification of the site plan for approval or disapproval of the planning commission, in accordance with the same procedure for the issuance of a use permit as provided in this chapter. Notwithstanding the foregoing, minor alterations of the site plan may be granted by the city manager or their designee, if they find that such modification does not materially change the site plan or have the potential to adversely impact adjacent property owners and is otherwise in full compliance with all other provisions of this code or any other laws, rules, or regulations relating thereto.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The city may move to revoke an approved use permit if: the use permit is not used within one (1) year from the date of approval, in the event the use permitted is abandoned or not utilized for a period of one (1) year, or the permittee fails to comply with the conditions of approval of the permit.

B.

Any use permit granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit are violated, or if any law or ordinance is violated in connection therewith, or if the planning commission finds that the continuance of the use permit will endanger the public health, safety, or welfare.

C.

The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

The city may move to revoke an approved variance if not used within one (1) year from the date of approval, or in the event the use for which the variance is approved is abandoned or not utilized for a period of one (1) year.

B.

Any variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such variance are violated or if any law or ordinance is violated in connection therewith, or if the planning commission finds, that the continuance of the variance will endanger the public health, safety, or welfare.

C.

The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing.

(Ord. No. 575, § I(Exh. A), 6-29-2023)