Chapter 17.92 — SPECIAL PROVISIONS

All regulations specified in this chapter shall be subject to the general provisions, conditions, and exceptions contained in this title.

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

A.

When a site plan is required by this title, the applicant shall submit at least one (1) copy of the site plan to the city clerk for review. The site plan should be drawn to scale and shall indicate clearly and with full dimensions the information required.

B.

Site plan requirements:

1.

Exterior boundary lines, dimensions, and size of the property.

2.

North arrow and scale.

3.

Name of property owner, property address, and assessor parcel number(s).

4.

Label all adjacent streets or rights-of-way.

5.

All existing and proposed buildings and structures, including their location, size (approximate square footage), height, and proposed or existing use (e.g., home, garage, fence, etc.).

6.

Location and name of adjacent and on-site streets/alleys.

Location and dimensions of all existing/proposed easements, points of access, driveways and parking areas, and pavement type.

8.

All areas proposed for grading or landscaping.

9.

Distances from all structures to property lines, easements, and other structures on the property.

10.

Any nearby buildings relevant to the application and their use.

11.

Any existing significant natural features, such as watercourses.

C.

The city shall approve, approve with such conditions as are deemed necessary to protect the public health, safety, peace, comfort, and general welfare, or disapprove the site plan. In approving the site plan, the city or planning commission shall ascertain that all applicable provisions of this title are complied with.

D.

Revisions by the applicant to an approved site plan shall be made pursuant to the initial application procedure set forth in this chapter.

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

Whenever an official plan line has been established for any street, required setbacks shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

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

The following development standards shall apply to second dwelling units:

A.

The second dwelling unit shall have been constructed prior to January 1, 2017, and in accordance with all laws in effect at the time.

B.

The maximum square footage of a second dwelling unit is one thousand two hundred (1,200) square feet.

C.

A maximum building height of twenty-five (25) feet is permitted.

D.

Second dwelling units shall comply with the setback requirements of the zoning district in which they are located, except that a rear yard setback of no less than five (5) feet shall be permitted.

E.

Either the second dwelling unit or the primary dwelling unit must be occupied by the owner of the property.

F.

The required off-street parking for the primary dwelling unit plus one (1) off-street parking space per bedroom for the second dwelling unit must be provided.

G.

One (1) second dwelling unit per parcel is allowed.

H.

The second dwelling unit can be attached or detached from the primary dwelling unit.

I.

The second dwelling unit shall be architecturally compatible with the primary dwelling unit or the immediate neighborhood.

J.

The second dwelling unit shall be compatible with the scale of the adjoining residence and blend into the existing neighborhood.

K.

All HVAC or other mechanical units shall be placed not in public view or shall be screened from public view by a fence, wall, or permanent landscaping.

L.

The second dwelling unit shall not exceed the allowable density for the lot upon which it is located.

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

Pursuant to Government Code Section 65852.3(a), a manufactured home shall be permitted on any lot zoned for a conventional single-family dwelling if such manufactured home is placed on a permanent foundation in compliance with Health and Safety Code Section 18551. Said manufactured home is subject to all requirements for a single-family residence in the applicable zone district in which it is proposed to be located. Manufactured homes which are more than ten (10) years old are not permitted. Proof of the date of manufacture of the manufactured home shall be required at the time of building plan check submittal.

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

A.

Site Area. A manufactured home park shall have a minimum site area of two (2) acres and shall have not less than three thousand (3,000) square feet of area for each manufactured home space located on the site.

B.

Open Space. A minimum of one hundred (100) square feet of outdoor or indoor recreation area shall be provided for each manufactured home lot exclusive of required yards or vehicle parking areas. The minimum size for any single outdoor recreation area shall be two thousand five hundred (2,500) square feet.

C.

Location Restrictions. No manufactured home space or dwelling unit shall be located in a front, side or rear yard required of the zoning district within which it may be located.

D.

Accessory Structures. No accessory structure other than a carport, garden structure, storage building, sun or wind shelter shall be erected within a manufactured home space for the use of the occupants of an individual manufactured home.

E.

Separation Requirements. The minimum distance between manufactured homes shall be ten (10) feet. The minimum distance between an accessory structure on one (1) site and a manufactured home on an adjacent site shall be ten (10) feet.

F.

Landscaping and Screening. No less than five (5) feet of yard adjoining a property line of a manufactured home park shall be landscaped and permanently maintained. The planning commission may require additional landscaping and fences or walls where necessary to ensure privacy, protect adjoining property, insulate against wind, noise or glare, or screen unsightliness.

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

No motorhome, recreational vehicle, camper van, or other vehicle shall be used for human habitation or occupied for living or sleeping quarters except when installed within a licensed recreational vehicle park or mobile home park. Recreational vehicles or motor homes maintained upon any lot, piece, or parcel of land, other than a recreational vehicle park or manufactured home park, shall comply with the following conditions:

A.

Outside Maintenance. Such vehicles shall not be parked or maintained in any required setback.

B.

Use as a Residence. Such vehicles shall not be used for sleeping quarters, nor shall any sanitary or cooking facilities contained therein be used.

C.

Connected to Utilities. Such vehicles shall not be connected to utilities, including but not limited to water, wastewater, electricity, or gas.

D.

Temporary exceptions to the above restrictions may be granted pursuant to Sections 15.44.090 (Temporary nonresidential use) and 15.44.100 (Emergency temporary use).

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

A.

Purpose. This section establishes standards for the development and operation of recreational vehicle (RV) parks to ensure RV parks conform to applicable state laws and regulations, are compatible with surrounding land uses, and provide a suitable environment for travelers and other occupants.

B.

Compliance with State Law. All RV parks shall conform to Title 25, Chapter 5 of the California Administrative Code, Division 13 of the and all other state laws and regulations that apply to RV parks. In the event of conflict between this section and any controlling state law or regulation, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more restrictive provision shall apply.

C.

Occupancy Requirements.

Maximum Length of Occupancy. No more than thirty (30) days in one (1) continuous stay, and no more than ninety (90) days in any consecutive three hundred sixty-five (365)-day period.

2.

Permitted Vehicles. Occupancy of an RV space is limited to one (1) RV and one (1) additional motor vehicle. Permanent buildings are prohibited within RV spaces.

3.

Tag of Certification. An RV which stays for more than thirty (30) continuous days in a RV park shall have a tag of certification documenting compliance with state and federal RV manufacturing requirements. A tag of certification may be issued by:

a.

The California Department of Housing and Community Development under Section 4032, Title 25, Division 1, Chapter 3 of the California Code of Regulations ("state insignia") or other state or Canadian province; or

b.

The Recreational Vehicle Industry Association (RVIA) or a third-party certification company recognized by the city as being substantially equivalent.

4.

Registration Required.

a.

RV parks shall maintain a register listing the name, home address, vehicle identification number, and length of each of each park occupant. Erasures or alterations on the register is prohibited and unlawful.

b.

Each register page shall include a statement that the register is open to city inspection at all times. Registers shall be kept in a conspicuous place and shall be made available for city inspection upon request.

5.

City Verification. The city has the authority to allow a designated city staff member to visit an RV park, record vehicle identification numbers, vehicle license numbers and vehicle model types in spaces.

D.

Development Standards.

1.

Park Size and Dimensions.

a.

Minimum RV park area: Five (5) acres total and two thousand (2,000) square feet per RV space.

b.

Minimum street frontage: One hundred (100) feet.

2.

RV Space Size and Dimensions.

a.

Minimum RV space area: One thousand (1,000) square feet.

b.

Minimum RV space depth: Forty (40) feet.

c.

Minimum RV space frontage on an internal RV park road: Twenty (20) feet.

3.

RV Park Roadways.

a.

Minimum internal roadway width: Twenty-eight (28) feet.

b.

Minimum entry roadway width: Thirty-two (32) feet or sixteen (16) for one-way traffic originating and terminating in a two-way roadway.

c.

Roadways shall be paved to a thickness and material to meet city standards.

4.

Setbacks.

a.

Structures and vehicles shall be setback the minimum distance from exterior park boundaries as required by the applicable zoning district.

b.

Structures and vehicles shall be setback a minimum of ten (10) feet from vehicles in separate spaces, buildings, and roadways.

c.

The main entrance of a park shall have an additional ten (10) feet of landscaped setback above the minimum front setback of the applicable zoning district.

5.

Permanent Buildings.

a.

RV parks may contain one (1) or more permanent buildings solely to serve residents of the park.

b.

Permanent buildings shall comply with the development standards of the applicable zoning district and the setback requirements in subsection (D)(4) of this section.

c.

Permanent buildings may not occupy more than fifteen (15) percent of an RV park.

d.

Permanent buildings may be used only for the following purposes:

i.

RV park administration and office.

ii.

Recreational amenities and meeting areas.

iii.

Sales of packaged food, sundries and other convenience items customarily sold by convenience stores.

iv.

Storage of park equipment, excluding commercial storage for nonresidents of the RV park.

v.

Other subordinate uses as described in the conditional use permit for the RV park which are necessary and customary in order to operate a park.

Amenities. RV parks shall provide amenities in proportion to the area of each park as follows:

a.

Restrooms: One (1) restroom building for the first fifty (50) spaces, plus one (1) additional building for each additional one hundred (100) spaces. Restrooms shall include toilets and shower facilities.

b.

Solid waste stations: One (1) solid waste station per two hundred (200) spaces in addition to a sewer connection for each space.

c.

Recreation centers: One (1) recreation center per two hundred (200) spaces. Recreation centers may contain swimming pools, picnic shelters, horseshoe pits, athletic fields, volleyball courts, shuffleboard courts, tennis courts, and similar facilities.

7.

Landscaping.

a.

All required front setbacks and RV park entrances shall be landscaped consistent with city standards and requirements.

b.

The minimum landscaped area for each RV space is ten (10) percent of the space area or two hundred (200) feet, whichever is greater. At least one (1) tree shall be planted, if not already present, and maintained within each RV space. No more than seventy (70) percent of a space shall be nonpermeable (paved) area.

c.

The minimum landscaped area for the RV park is twenty (20) percent of total area, including individual RV space landscaping. Required amenities listed in subsection (6)(c) of this section, including recreational buildings and pools, may be counted within the park landscaping requirement.

8.

Sewer. Each RV space shall be connected to a sewer lateral meeting city standards which is connected to the RV park master sewer system. The RV park master sewer system shall be connected to the city sewer system. Septic tank connections are prohibited.

9.

Water. Each vehicle space shall be connected to a water lateral meeting city standards which is connected to the RV park master water system, providing potable, safe and sanitary water. The RV park master water system shall be connected to the city water system.

Perimeter Screening. Each RV park shall have a perimeter fence or wall built to city standards, at least six (6) feet high, except that a fence or wall is not required in the landscaped front setback if individual RV spaces are not visible through the setback area from an adjacent public roadway.

11.

Accessory buildings and awnings. An RV space may contain temporary accessory building as follows:

a.

Accessory Buildings. One factory-enamel-coated metal shed per RV space, not to exceed fifty (50) square feet in area, which is portable and not permanently affixed to the ground. Permitted use of such shed may include storage of the personal effects of the occupant or shelter for a pet.

b.

All accessory buildings and awnings within RV spaces shall be the property of the occupants of the space and shall not remain on the space after the occupants have vacated the space; nor shall the park owner own or maintain such accessory buildings or awnings on spaces.

12.

Signs. RV parks may have identification, directory, and directional signs pursuant to Chapter 17.80 (Signs).

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

On each multifamily development of five (5) units or more within any district, except the Town Center (T-C) zoning district, whether such development is on a single recorded lot or on two (2) or more adjacent recorded lots, such development shall be provided with usable and accessible open space for the recreation and outdoor living enjoyment of the development's residents and their guests. Such open space shall not be less than twenty-five (25) percent of the size of residential living space and shall satisfy the following criteria:

A.

Open space may be provided in more than one location.

B.

To qualify as required open space, such area shall have no area less than twenty (20) square feet and at least fifty (50) percent open to the sky or trees above and free of any overhead structural or architectural projections.

C.

Open space shall be landscaped and/or otherwise improved to serve the outdoor needs of occupants. Improvements may consist of plantings, gardens, walkways, patios, pools, shade elements, recreation equipment and facilities, and such other appurtenances as are appropriate to serve the outdoor living needs of the residents.

D.

Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, and nonlandscaped areas shall not be included in calculating required open space.

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

17.92.100 - Single-room occupancy.

The following development standards shall apply to single-room occupancy residential units:

A.

Tenancy of single-room occupancy residential units shall not be less than thirty (30) days.

B.

Each unit shall accommodate a maximum of two (2) persons.

C.

No unit may exceed four hundred (400) square feet.

D.

Single-room occupancy residential unit facilities shall provide individual or shared bathing facilities and may provide individual or shared kitchen facilities.

E.

Common laundry facilities shall be provided at a rate of one (1) washer and dryer per ten (10) units, with a minimum of one (1) washer and dryer.

F.

An on-site management office or manager's unit shall be provided.

G.

Each unit shall have a separate closet.

H.

On-site parking shall be provided in accordance with Chapter 17.76 (Off-Street Parking).

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

The following development standards shall apply to emergency shelters:

A.

Physical Characteristics.

1.

The facility shall comply with applicable state and local uniform housing and building code requirements.

2.

The facility shall have on-site security during all hours when the shelter is in operation.

3.

The facility shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

4.

The facility shall provide secure areas for personal property.

B.

Maximum Number of Beds per Facility. Emergency shelters shall not exceed fifteen (15) beds.

C.

Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months.

D.

Parking. The emergency shelter shall provide on-site parking pursuant to Chapter 17.76 (Off-Street Parking).

E.

Emergency Shelter Management. Emergency shelters shall provide on-site management.

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

17.92.120 - Fences, walls, hedges, and equivalent screening.

A.

An administrative fence permit shall be obtained from the city prior to the installation of any fence or wall.

B.

No fence or wall shall hereafter be constructed to exceed six (6) feet in height within the area encompassed by the rear yard setback or the side yard setback to the front yard setback line, nor shall any fence, wall, hedge, or equivalent screening exceed four (4) feet in height within the area encompassed by the front yard setback.

C.

When there is no requirement for a front yard setback, the maximum height of any fence, wall, hedge, or equivalent screening within a front yard or along the front lot line shall be limited to six (6) feet.

D.

No fence, wall, hedge, or equivalent screening shall be located within three (3) feet of a fire hydrant such that it hinders access to the hydrant as determined by the fire chief.

E.

The applicant shall submit a site plan for any proposed fence or wall to the city for review and approval. The site plan shall include all property dimensions, outlines of existing structures, location of all driveways and streets, and any other access onto the property, and shall clearly delineate the proposed fences and/or walls. An elevation of the proposed fence or wall with height measurements shall also be included.

F.

All fences and walls shall be constructed of durable and weather-resistant materials as approved by the city. The use of cardboard or other corrugated material, tarps, barbed wire, rope, electrified fence, glass, razor wire, or similar materials in conjunction with a fence or wall, or by itself within any zoning district, is prohibited.

G.

Fences and walls used for noise control shall be made of materials most suited for noise reduction, and which minimize reflective sound.

H.

Decorative columns, post caps, or similar features not more than one (1) foot in height may be added on top of fences or walls. Such features shall be consistent with the design and materials of the fence or wall and shall not be less than eight (8) feet apart generally.

I.

A single arbor-style entry element, substantially open to the passage of light and air, may be allowed provided the entry element is located over a walkway or pathway and does not exceed eight (8) feet in height, five (5) feet in width, and three (3) feet in depth.

J.

Fences, walls, hedges, equivalent screening, and combinations thereof shall be measured in height from the uphill perspective if located on a grade or slope.

K.

Where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy or to maintain effectiveness of screening as typically provided by such fence, wall, hedge, or equivalent screening under similar circumstances, up to two (2) feet may be added to the height limits in subsection A of this section and administratively approved subject to the following:

1.

No hedge or equivalent landscape screening that exceeds four (4) feet in height shall be located within five (5) feet of the front property line;

2.

Lattice, decorative wrought iron, or other material that is at least fifty (50) percent open to the passage of light and air when viewed horizontally, excluding framing, may be added to the top of a fence or wall provided the lattice, decorative wrought iron, or other material is determined by the city clerk, or their designee, to be compatible with the design and materials of the fence or wall;

3.

The proposed height increase shall not create a hazard to vehicular or pedestrian traffic;

4.

Review of the proposed height increase shall include consultation with fire, law enforcement, and public works, and notification to all owners of property that border the proposed fence or wall; and

5.

Permits for fences and walls that exceed the height limits in subsection A of this section shall not be issued until ten (10) days have elapsed from the approval thereof and, in the event an appeal is filed, shall not be issued until a decision has been made by the appropriate decision-making body.

L.

Notwithstanding the foregoing, the street intersection of a corner lot shall have no fence, hedge, wall, or equivalent screening exceeding three feet in height within a triangle of twenty-five (25) feet along the side of each street, or ten (10) feet along the side of each alley, as measured from the intersection unless the owner of such property obtains a use permit for a greater height by a showing that no hazard exists to vehicular or pedestrian traffic. Such permit may be granted by the planning commission provided all provisions of this code are otherwise satisfied and the planning commission determines no safety hazard is created by the greater height.

M.

Ordinary maintenance and repairs may be made to any nonconforming fence or wall provided the fence or wall is not enlarged, expanded, or relocated and no more than fifty (50) percent of the nonconforming fence

or wall is replaced within a one (1)-year period. When more than fifty (50) percent of the nonconforming fence or wall is to be replaced within a one (1)-year period, the entire fence or wall shall be brought into compliance.

N.

Fences, walls, hedges, and equivalent screening that do not meet the above standards shall only be authorized upon the applicant first obtaining a conditional use permit.

O.

Applicants aggrieved by a decision made under this section may appeal the decision to the planning commission pursuant to Section 17.140.020 (Appeals of Administrative Action).

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

A.

Purpose. It is the purpose of this section is to accomplish the following:

1.

Promote a safe, glare-free, and pleasant nighttime environment for residents and visitors;

2.

Protect and improve safe travel for all modes of transportation;

3.

Prevent nuisances caused by unnecessary light intensity, glare, and light trespass;

4.

Protect the ability to view the night sky by restricting unnecessary upward projection of light;

5.

Better ensure land use compatibility; and

6.

Promote lighting practices and systems that conserve energy.

B.

Applicability.

New Outdoor Lighting. All outdoor lighting fixtures installed after the effective date of this section, when located on a property used for a public, quasi-public, multifamily, commercial, industrial, or institutional use, shall conform to the requirements established by this section.

2.

Existing Outdoor Lighting. All existing outdoor lighting fixtures installed prior to the effective date of this section, when not in conformance with this section and located on a property used for a public, quasipublic, multifamily, commercial, industrial, or institutional use, shall be brought into conformance within one (1) year of the effective date of this section.

C.

Exemptions.

1.

The following are exempt from the provisions of this section:

a.

Seasonal displays using multiple low wattage bulbs of approximately fifteen (15) lumens or less, provided that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe condition.

b.

All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

c.

Streetlights, vehicular lights, and all temporary emergency lighting needed by law enforcement, the fire department, and other emergency services.

d.

All lighting required by state or federal regulatory agencies.

2.

The city manager or their designee may authorize additional property specific exemptions when proposed outdoor lighting does not conflict with the purposes of this section. An application for such an exemption must be made in writing and include an outdoor lighting plan pursuant to subsection E of this section.

D.

General requirements. The following general standards apply to all non-exempt outdoor lighting fixtures:

1.

All outdoor lighting fixtures shall be designed, located, and installed aimed downward or toward structures located on the same premises, retrofitted if necessary, and maintained in order to prevent glare, light trespass, and light pollution.

2.

Fixtures and lighting systems shall be in good working order and maintained in a manner that serves the original design intent of the system.

3.

Outdoor lighting shall be designed to avoid harsh contrasts in light levels between the property on which it is located and adjacent properties.

4.

Fixture Types. All new outdoor lighting shall use full cut-off luminaries with the light source downcast and fully shielded with no light emitted above the horizontal plane, with the following exceptions:

a.

Fixtures that have a maximum output of four hundred (400) lumens or less, regardless of the number of bulbs, may be left unshielded provided the fixture has an opaque top to prevent the light from shining upward.

b.

Motion activated flood lights that have an output of three thousand (3,000) lumens or less, provided that the lamps are not illuminated more than five (5) minutes per activation, the lamp is not visible from adjacent residences or public streets, no direct glare is produced, and the fixture is oriented downward to prevent light from shining upward.

c.

Floodlights that do not meet the definition of "full cut-off" may be used if permanently directed downward, if no light is projected above the horizontal plane, and if fitted with external shielding to prevent glare and off-site light trespass. Unshielded floodlights and "barnyard"-type fixtures are prohibited.

5.

Accent Lighting. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. For national flags, statues, public art, or other objects of interest that cannot be illuminated with down-lighting, upward lighting may only be used in the form of one (1) narrow-cone spotlight that confines the illumination to the object of interest.

6.

The provisions of this section are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed herein, provided that the city manager or their designee

has approved any such alternative. A proposed alternative may be approved if it provides at least approximate equivalence to the applicable specific requirements of this section, or if it is otherwise satisfactory and complies with the intent of this section.

E.

Outdoor lighting plans.

1.

An outdoor lighting plan shall be submitted in conjunction with an application for a building permit for new multifamily, commercial, or industrial structures five thousand (5,000) square feet and larger. The building official or their designee may request outdoor lighting plans from applicants for other types of projects due to project location, size, or proposed use, as necessary. An outdoor lighting plan shall include at least the following:

a.

Manufacturer specification sheets, cut-sheets, or other manufacturer provided information for all proposed outdoor lighting fixtures to show fixture diagrams and light output levels;

b.

The proposed location, mounting height, and aiming point of all outdoor lighting fixtures, preferably on a site plan; and,

c.

If building elevations are proposed for illumination, drawings for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance level of the elevations, and the aiming point for any remote light fixture.

2.

If needed to review the proposed outdoor lighting fixture installation, the building official or their designee may require additional information following the initial outdoor lighting plan submittal, including but not limited to a written narrative to demonstrate the objectives of the lighting, photometric data, Color Rendering Index (CRI) of all lamps and other descriptive information on the fixtures, computer generated photometric grid showing foot-candle readings every ten (10) feet within the property or site and ten (10) feet beyond the property lines (an iso-foot-candle contour line style plan may be acceptable), and/or landscaping information to describe potential screening.

3.

The building official, or their designee, may approve, deny, or require modifications to any outdoor lighting plan in order to meet the purpose of this section.

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

A.

A conditional use permit for any such temporary structure shall be required in accordance with procedures set forth in Chapter 17.88 (Use Permits and Variances). Any non-complying aspects of the temporary structure shall only be approved by the planning commission if it makes the findings required by Section 17.88.060 (Action by the Planning Commission on a Use Permit).

B.

In cases where the planning commission is able to make the findings required by Section 17.88.060, the planning commission may, but is not obliged to, issue a temporary approval for a specific time period, not to exceed twelve (12) months.

C.

All temporary structures, which may not otherwise be subject to building code requirements, shall still meet all of the accessory building setback requirements of this title.

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

A.

No person or business shall place or caused to be placed any outdoor dining or seating for commercial purposes or use without first obtaining an outdoor dining and seating permit.

B.

Applications for outdoor dining and seating permits shall be accompanied by an outdoor seating plan and the applicable fee established by resolution of the city council.

C.

The city manager or their designee, in acting upon any application for an annual outdoor dining and seating permit, shall either approve, approve with conditions, or deny the issuance of a permit based on the following principles and standards:

1.

That the proposed outdoor dining and seating are in compliance with all applicable provisions of this section;

2.

That the proposed outdoor dining and seating are so arranged as to ensure the protection of public health, safety, and general welfare, and prevent interference with users of the right-of-way and holders of other permits; and

That the proposed outdoor dining and seating and associated business will properly comply with the provisions and development standards prescribed in this title, or as prescribed by the planning commission.

D.

All outdoor dining and seating shall conform to the following standards:

1.

A minimum of four (4) feet of clear space on the sidewalk is required for the safe passage of pedestrians.

2.

All umbrellas used in outdoor dining and seating areas shall be a minimum height of seven (7) feet.

3.

The outdoor dining and seating area shall be operated and maintained in accordance with the approved outdoor seating plan.

4.

When located within twenty (20) feet a fire hydrant or standpipe fixture, the placement of outdoor dining and seating furniture, apparatus, decoration, or appurtenance used in connection therewith shall be reviewed and approved by the fire chief.

5.

No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the outdoor dining and seating shall be:

a.

Located in or project or protrude into the required pedestrian passageway;

b.

Be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure; or

c.

Be attached to the sidewalk or sidewalk surface, nor shall any of those items cause damage to the sidewalk in any manner.

6.

Any table service provided shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may provide outdoor dining and seating for their patrons.

7.

As a condition of the issuance of the outdoor seating permit, the permit holder shall defend, indemnify and hold harmless the city and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the city manager.

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

A.

Purpose and Applicability. This section establishes standards for community gardens to provide the following benefits:

1.

Strengthen the health and social fabric of the community by encouraging and supporting community gardens.

2.

Encourage sustainable food production and distribution.

3.

Increase community access to fresh local produce.

B.

Performance Standards.

1.

The growing, production, or sale of agricultural products may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dust, or electrical disturbance perceptible by a person beyond the lot line of the subject lot.

2.

The cultivation of cannabis is prohibited in community gardens.

C.

Sales and Donations.

1.

When located within a mixed-use or commercial zoning district, the sale of agricultural products grown and produced on-site is permitted.

The donation of agricultural products grown and produced on-site is permitted in all zoning districts where community gardens are allowed.

3.

If selling or donating products to the public, the use shall comply with all applicable food safety laws, including the California Health and Safety Code.

D.

Garbage and Compost.

1.

Garbage and compost receptacles must be screened from the street and adjacent properties by utilizing landscaping, fencing, or storage structures and all garbage shall be removed from the site weekly.

2.

Compost piles and containers must be set back at least ten (10) feet from residential buildings when a community garden abuts a residential use or mixed-use development.

E.

Farm Equipment. Use of mechanized farm equipment is not permitted in the R-1, R-2, R-3, and MU-1 zoning districts, and when the community garden is located within one hundred (100) feet of a residential use in any zoning district, with the following exceptions:

1.

Heavy equipment may be used initially to prepare the land for agricultural use.

2.

Landscaping equipment designed for household use is permitted.

3.

Equipment when not in use must be enclosed or otherwise screened from sight.

F.

Exceptions. Exceptions to the foregoing provisions may be granted by the planning commission with a use permit provided the use would not increase vehicular traffic, parking congestion, noise, nuisance odors, or negatively impact the public health, safety, peace, comfort, or general welfare.

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

A.

Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted, at the same address, more than one (1) garage sale within thirty (30) calendar days and more than two (2) garage sales during any calendar year. No single garage sale shall continue for more than two (2) consecutive days.

B.

Property Permitted to be Sold. It is unlawful for any person or persons to sell or offer to sell at any garage sale any property other than personal property accumulated for personal use by the occupant or occupants residing at the address at which said sale is to be held; provided, however, nothing herein shall prohibit neighbors in the same residential area from conducting a combined garage sale at one specified address.

C.

Advertising. It is unlawful to place a sign or other form of advertisement of a proposed garage sale upon any public property within the city. It is unlawful to exhibit a sign or other form of advertisement for more than one (1) day prior to the day said sale is to commence, or to allow such sign to remain after 8:00 p.m. on the termination date of such sale. Two (2) signs only, not exceeding twenty (20) by thirty (30) inches in size, may be placed in the front or side yard of the premises where the sale is conducted.

D.

Hours of Operation. It is unlawful to conduct a garage sale before 7:00 a.m. or after 6:00 p.m.

E.

Notification Prior to Sale. Prior to conducting any garage sale, any person proposing to conduct a garage sale shall notify the city, which such notification shall include all of the following:

1.

Name and address of person proposing to conduct garage sale.

2.

Location of proposed sale.

3.

Date(s) during which the proposed sale is to be conducted.

F.

Violation - Penalty. Any person violating any of the provisions of this section is guilty of an infraction with a fine of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense within one (1) year, and two hundred fifty dollars ($250.00) for the third offense within one (1) year. Nothing herein shall be construed to prevent the city from seeking injunctive or other relief which may be necessary to enforce the provisions of this code.

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

A.

Buildings and structures up to ten (10) feet taller than the established height limit may be permitted in all zoning districts, except the T-C zoning district, upon first securing a use permit for the increased height limit. In any zoning district where a conditional use permit is secured for an increased height limit, all setbacks shall be increased by one (1) foot for each foot or portion of a foot in excess of the established height limit.

B.

The exceptions to established height limits in subsection A of this section shall not apply to the height limits for fences, walls, hedges, and equivalent screening pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).

C.

Spires, chimneys, machinery, towers, radio and television towers, penthouses, scenery lofts, cupola, water tanks and similar architectural structures may be built and used to a height of not more than fifteen (15) feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural structure in excess of the allowable height shall be used for sleeping or eating quarters or for any commercial advertising purpose.

D.

Public utility distribution and transmission lines, and towers and poles for such lines, are allowed in all districts to greater heights than established for the district in which the structures are located.

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

A.

Where four (4) or more lots in a block have been improved with buildings, the minimum required front yard for the main building shall be the average of the front yards of the improved lots if less than the front yard requirements herein.

B.

Architectural features such as cornices, eaves, and canopies shall not extend more than two (2) feet into the front, side, and rear yard setbacks.

C.

Open uncovered porches or landing places shall not extend more than four (4) feet into any side yard setback, and not more than six (6) feet into any front yard setback.

D.

On any parcel of land existing at the time of adoption of the ordinance codified herein and having an average width of less than fifty-five (55) feet, and the owner thereof owns no adjoining land, then the width of each side yard may be reduced to ten (10) percent of the width of such parcel, but in no case to less than three (3) feet.

E.

In case an accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this title applicable to the main building except as provided for in this title.

F.

Notwithstanding subsections G and H of this section, an accessory building or structure in a residential or mixed-use zoning district shall not project into the front yard setback, and unless attached shall be located at least ten (10) feet from any residential dwellings existing or under construction on the same lot or any adjacent lot. In the case of a corner lot where there is a key lot abutting said corner lot, an accessory building shall not project beyond the front yard required on the key lot.

G.

Fences, walls, hedges, and equivalent screening may occupy setbacks to the extent provided in Section 17.92.120 (Fences, walls, hedges, and equivalent screening). Vegetation, however, may be subject to the California Solar Shade Control Act.

H.

Arbors may occupy setbacks subject to the extent provided in Section 17.92.120 (Fences, walls, hedges, and equivalent screening). Arbors shall not be connected to or supported by a building, nor shall they be designed to support loads other than vines or similar plantings.

I.

Signs. Signs in conformance with the sign regulations codified in Chapter 17.80 (Signs) may occupy setbacks to the extent provided in that chapter.

J.

Sloped Lots.

1.

For sloped lots, the measurement shall be made as a straight, horizontal line from the property line to the edge of the structure, not up or down the hill slope.

2.

On steep, upsloping interior lots, a minimum five (5)-foot front yard setback shall be allowed for the construction of an attached or unattached private garage and associated entries, not including rooms, provided that the following conditions are met:

a.

The elevation of the lot, at all points measured twenty (20) feet from the property line adjacent to the street from which access will be taken, shall be at least seven (7) feet above the elevation at the centerline of the street.

b.

No portion of the garage shall exceed fifteen (15) feet in overall height as measured from all points along the centerline of the street perpendicular to the garage.

c.

No portion of the garage shall be located closer than thirty (30) feet to the centerline of the street.

FRONT YARD SETBACK ON UPSLOPING LOTS

==> picture [264 x 160] intentionally omitted <==

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

No person shall install, either as owner or agent, or employee of the owner, or as an independent contractor for the owner, or otherwise, any dish-type or satellite antenna, any additions thereto or substitution for such antenna, when such antenna exceeds three (3) feet in diameter, unless a use permit is obtained in accordance with the provisions of this title. Any such use permit for the placement of dish-type or satellite antenna shall be conditioned upon the following:

A.

In any residential or mixed-use zoning district, such antennas shall be treated as an accessory structure and shall comply with height, setback, and lot coverage requirements for the zoning district in which it is located.

B.

Dish-type or satellite antenna placed within a residential or mixed-use zoning district shall be screened from view of streets and abutting properties by use of fences, hedges, or appropriate plant materials.

C.

Within the T-C, C-S, L-M, and M zoning districts, a site plan shall be submitted showing the location for placement of such antenna, in addition to such other information as is required for a use permit. As to each such antenna site, there shall be available nine hundred (900) square feet of property which is not otherwise required for parking or otherwise occupied by structures and improvements upon the property.

D.

The restrictions as set forth in subsections A and B of this section shall not be applicable to a licensee pursuant to Chapter 5.20 (Community Antenna Television System) or commercial broadcast station, except to the extent that any such condition may be imposed by the planning commission as a condition for issuance of such use permit.

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

A.

Use in Residential and Mixed-Use Districts. The permanent use of prefabricated exterior storage containers, such as cargo containers or truck trailers, is prohibited in the R-1, R-2. R-3, MU-1, MU-2, and MU-3 zoning districts. Temporary use of storage containers in these zoning districts may be approved subject to the following:

1.

A use permit is required for temporary use of storage containers pursuant to Section 17.92.140 (Temporary structures).

2.

Temporary use of cargo containers may be approved for up to six (6) months. A one-time extension of up to twelve (12) months may be granted in the case of unforeseeable property damage or natural disaster.

B.

Use in Commercial Districts.

1.

The use of storage containers in the T-C district is prohibited.

2.

The use of storage containers in the S-C district may be approved as an accessory use to the primary permitted use subject to obtaining a conditional use permit. The planning commission shall determine

appropriate siting, time limits, and other conditions as may be necessary to minimize potential impacts to adjacent properties.

C.

Use in Manufacturing Districts.

1.

The use of storage containers in the L-M district may be approved as an accessory use to the primary permitted use subject to obtaining a conditional use permit. The planning commission shall determine appropriate siting, time limits, and other conditions as may be necessary to minimize potential impacts to adjacent properties.

2.

The use of storage containers in the M district is permitted as an accessory use to the primary permitted use.

D.

General Requirements. The use of storage containers in any zoning district within the city limits must adhere to the following conditions:

1.

Storage containers may only be used for the storage of merchandise, inventory, shelving displays, or other incidental items related to the operation of the business.

2.

Business or sale of merchandise shall not be conducted from the storage container, nor shall the storage container be used a habitable space, office, or meeting area, and shall be kept closed and secured at all times other than when items are being moved to or from the storage container.

3.

Storage containers must be oriented to minimize the view from the public right-of-way. In no case shall storage containers be placed so as to cover, block, or otherwise impact required parking, or impact circulation and emergency access.

4.

Storage containers shall be painted in a color matching or similar to the field color of the primary structure and/or properly screened with screening walls and/or landscaping. Graffiti shall be removed within twentyfour (24) hours from any storage container or screening.

5.

The placement of any signs, advertising copy, banners, or similar item is prohibited on storage containers.

6.

No more than two (2) storage containers with a combined floor area of no more than six hundred and forty (640) square feet shall be allowed. Storage containers shall not exceed a height of ten (10) feet.

7.

Storage container location: Setbacks shall be the same as those for the underlying zone.

E.

Additional permitted temporary uses of storage containers include the following:

1.

Construction sites.

2.

This section shall not apply to a location with a permitted business actively engaged in transporting cargo containers or truck trailers provided such container or trailer is only on the property temporarily and is not utilized for outside storage purposes.

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

A.

When Required. All new and expanded commercial and industrial development with a floor area exceeding seven hundred fifty (750) square feet, all intensifications of commercial and industrial uses that increase the square footage by fifty (50) percent or more, all new mixed-use projects, and all new multifamily residential projects shall provide and maintain at least one (1) trash and recycling enclosure. Trash and recycling enclosures may be located indoors or outdoors to meet the requirements of this section.

B.

Location.

1.

General.

a.

Outdoor trash and recycling enclosures required under this section shall not be located within any required setback.

b.

Enclosures shall be located so that no dwelling is closer than twenty (20) feet, including those on abutting properties, or more than one hundred (100) feet from a residential unit if located on property occupied by a residential use. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

c.

No outdoor trash and recycling enclosure shall be located within any public right-of-way, or in any location where it would obstruct pedestrian walkways, vehicular access, reduce motor vehicle sightline, or in any way create a hazard to health and safety.

2.

Exception. Enclosures that have been approved in conjunction with a discretionary permit or approval may be located within a required side yard or rear yard setback, provided no part of the enclosure is less than three (3) feet from any property line.

C.

Maintenance. Outdoor trash and recycling enclosures required shall be maintained in the following manner:

1.

There shall be the prompt removal of visible signs of overflow of garbage, recycling, smells emanating from the enclosure, graffiti, pests, and vermin.

2.

Trash enclosure covers shall be closed when not in use.

3.

Trash enclosures shall be easily accessible for garbage and recyclables collection.

4.

Trash enclosures shall be regularly emptied of garbage and recycling.

D.

Design of Enclosure Area.

1.

Each trash and recycling enclosure shall be of a material and colors that complement the architecture of the buildings they serve or shall have exterior landscape planting that screens the walls.

2.

The trash and recyclables enclosure shall provide convenient and secure access to the containers to prevent access by unauthorized persons and minimize scavenging, while allowing authorized persons

access for disposal and collection of materials.

3.

An opening shall be provided so that pedestrians can access the enclosure without opening large gates.

4.

Lighting shall be provided at enclosures for residential and mixed-use developments for nighttime security and use.

5.

All outdoor trash and recycling enclosures shall be a minimum of five (5) feet tall to screen unsightly views. The design of the structure and the materials used shall be compatible with the on-site architecture.

6.

Designs, materials, or methods of installation not specifically prescribed by this section may be approved by city. In approving such a request, the reviewing authority shall find that the proposed design, materials, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.

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

All exterior mechanical and electrical equipment associated with new multifamily residential, mixed-use, commercial, and industrial development shall be screened or incorporated into the design of buildings so as not to be visible from the street. Equipment to be screened includes, but is not limited to, all roofmounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow prevention devices, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building.

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

A.

Purpose. The purpose of this section is to allow for those short-term and intermittent activities that the planning commission determines would be compatible with adjacent and surrounding uses.

B.

Temporary Use Permit Required. Upon approval of a temporary use permit, the planning commission may allow a short-term and/or intermittent use in any zoning district.

C.

Activities. Only those short-term and intermittent activities with no potential to significantly impact the environment or to detrimentally affect those working and living in the vicinity may be approved by the planning commission.

D.

Applications. Applications for temporary use permits shall be made and processed in accordance with the procedures for conditional use permits set forth in Chapter 17.88 (Use Permits and Variances).

E.

In cases where the planning commission is able to make the findings required by Section 17.88.060 (Action by the Planning Commission on a Use Permit), the planning commission may, but is not obliged to, issue a temporary approval for a specific time period, not to exceed twelve (12) months.

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

Chapter 17.96 - LIVE/WORK UNITS AND HOME-BASED BUSINESSES

Sections:

A.

The purpose of this chapter is to:

1.

For home-based businesses, prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

2.

For live/work units, prescribe the conditions under which limited residential activities may be conducted when incidental to nonresidential activities.

3.

Promote jobs/housing balance and reduce vehicle miles traveled through allowances for live/work units and home-based businesses.

B.

The regulations shall apply to all home-based businesses and live/work units operating in the city.

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

For this chapter, the following words are defined:

A.

"Cottage food operation" means an enterprise that is operated by a cottage food operator and has not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers.

B.

"Home based business" means an accessory activity of a nonresidential nature, which is performed within a living unit, accessory structure located on the premises, or within a garage attached thereto and reserved therefor, by an occupant of the living unit, and which is customarily incidental to the residential use of the living unit. This use shall be considered residential for the purposes of determining development standards.

C.

"Live/work unit" means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes the following: complete kitchen space and sanitary facilities in compliance with the building code, and working space reserved for and regularly used by one or more occupants of the unit. This use shall be considered commercial for the purposes of determining development standards.

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

17.96.030 - Live/work units.

A.

Purpose. The purpose of this section is to:

1.

Provide standards for live/work units, including the reuse of existing commercial buildings to accommodate live/work units.

2.

Promote a mix of housing options by allowing business operators to live in the same building that contains the commercial activity, particularly artists, small business owners, and craftspeople.

3.

Allow combined residential uses with commercial or small-scale manufacturing uses in the same building space, generally with the resident using the combined or adjacent workspace for their business. Typical uses include artist lofts, studio spaces, small offices, and similar low-intensity uses, either in new developments or as adaptive reuse of existing structures.

B.

Use Limitations. The nonresidential component of a live/work unit shall be a use allowed within the applicable zoning district, subject to the following additional limitations:

1.

Conditional Uses. A conditional use permit is required for live/work units with three (3) or more nonresident employees.

2.

Changes in Use. After approval, a live/work unit shall not be converted to a single use without first bringing the unit up to current building code standards.

3.

Prohibited Uses. Any activity or use, as determined by the review authority to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of live/work unit residents including dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, waste, or byproducts is prohibited.

C.

Development Standards.

1.

Floor Area Requirement. The floor area shall be a minimum of six hundred and fifty (650) square feet and a maximum of three thousand (3,000) square feet. The nonresidential portion of the live/work unit shall be no more than fifty (50) percent of the total unit area and comply with all California Building Code, Fire Code, and Municipal Code requirements.

2.

Separation and Access to Units. Each live/work unit shall be separated from other units and other uses in the same building and shall have an access separate from other live/work quarters or other uses within the structure. Access to the live/work unit shall be provided only from exterior access points, the nonresidential workspace, and from common access areas, corridors, or hallways.

3.

Active Frontage. To maintain activity and commercial access along the frontage, the living space shall be located at the rear of the building or situated on the second floor and above. Exceptions may be granted subject to obtaining a conditional use permit in accordance with Chapter 17.88 (Use Permits and Variances).

4.

Nonresidential Facilities. A live/work unit shall be designed to accommodate nonresidential uses, such as ventilation, interior storage, flooring, and other physical improvements commonly found in nonresidential facilities used for the same work activity.

5.

Mixed-Use Buildings. If a building contains mixed uses of live/work units and other nonresidential uses, uses other than live/work shall meet all applicable requirements for those uses.

6.

Parking. Each live/work unit shall be provided off-street parking in accordance with Chapter 17.76 (OffStreet Parking).

D.

Operating Requirements.

1.

Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one (1) member shall be the business operator.

2.

Business License Required. All businesses operating within a live/work unit shall comply with the requirements of Chapter 5.04 (Business Licenses Generally).

3.

Notice to Occupants. The owner or manager of any building containing live/work units shall provide written notice to all occupants that the property may be subject to higher noise levels than would be expected in a strictly residential area.

4.

Nonresident Employees. Up to two (2) persons who do not reside in the live/work unit may work in the unit. The employment of three (3) or more persons who do not reside in the live/work unit may be permitted subject to obtaining a conditional use permit in accordance with Chapter 17.88 (Use Permits and Variances). The owner may be required to provide proof of tax forms verifying the number of employees as deemed necessary by the city.

5.

Client and Customer Visits. Client and customer visits to live/work units are permitted.

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

17.96.040 - Home occupations.

A.

Subject to issuance of a business license and a home occupation permit, home occupations are permitted in all zoning districts that permit residential uses subject to the following standards:

1.

Residential compatibility. The activity is one which is customarily incidental to and not inconsistent with the use of the premises as a dwelling.

2.

Size. The activity occupies no more than twenty-five (25) percent of the floor area of the dwelling unit or four hundred (400) square feet, whichever is less.

3.

On-Site Client Contact. Except for a minor accompanied by a parent or guardian, no more than one (1) client/customer is permitted at the residence at the same time. Customer or client visits are limited to four (4) per day or six (6) per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).

4.

Sales. With the exception of direct sales for cottage food operations in accordance with Section 17.96.050 (Cottage food operations), and as allowed by state law, no product shall be displayed for sale or sold upon the premises. Products created on the premises may be sold off-site.

5.

Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within a fully enclosed structure.

6.

Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.

7.

Animals. No animal-related services, including grooming or personal care, requiring animals to be present on the residential property shall be allowed on the premises.

8.

Employees. No person shall be employed by the home occupation at the premises other than the resident(s) of the dwelling.

9.

Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

Signs. Signs or displays used to identify the home occupation are prohibited.

11.

Vehicle Traffic. Home occupations may not generate more than twenty (20) vehicle trips per day. A round trip to and from the residence is one (1) vehicle trip and multiple trips by the same vehicle shall count towards the maximum amount. Vehicle trips include trips by clients, customers, vendors, delivery services, or any other vehicle associated with the home occupation.

12.

Residential Appearance. The appearance of the dwelling shall not be altered, nor shall the home occupation be conducted in such a manner that it may be reasonably recognized as serving a nonresidential use, either by color, materials, construction, lighting, signs, sounds, odors, or vibrations. Such use shall be of a nature and conducted in such a manner that there is no evidence of the use from the street or neighboring property.

B.

Applications for a home occupation permit may be approved by the city clerk provided the use is in compliance with subsection A of this section. In the event an application is denied by the city clerk, the applicant may file the application with the planning commission and the application shall be heard and determined as provided in Section 17.136.020 (Appeals of Administrative Action).

C.

Exceptions to the foregoing provisions may be granted subject to obtaining a conditional use permit in accordance with Chapter 17.88 (Use Permits and Variances).

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

Cottage food operations are permitted in dwelling units pursuant to Health and Safety Code Section 113758 subject to the following rules and standards:

A.

The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from their dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.

B.

No more than one (1) cottage food employee, as defined by Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

C.

The cottage food operation shall be registered or permitted by the County Health Officer in accordance with Health and Safety Code Section 114365. Cottage food operations shall comply with all requirements of state law.

D.

The use shall be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five (25) percent of the dwelling, or fifty (50) percent of an accessory building, may be used for the cottage food operations.

E.

There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.

F.

Except for home gardening use and vehicle parking, no outdoor portions of the premises shall be utilized for cottage food operation including outdoor sales and visitation.

G.

No greater than one (1) visitor's vehicle and one (1) nonresident employee's vehicle shall be parked on site at any time.

H.

Direct sales of products from the site of the cottage food operation shall be conducted by prior appointment only and shall not exceed more than ten (10) visitors in any single day. No customers of the cottage food operation shall be permitted to dine at the premises.

I.

Direct sales and cottage food operation related deliveries shall not occur between the hours of 8:00 p.m. and 7:00 a.m.

J.

Gross annual sales shall comply with Health and Safety Code Section 113758.

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

Chapter 17.100 - SHORT-TERM RENTALS

Sections:

17.100.010 - Purpose.

Being situated in an area of scenic natural beauty adjacent to a major transportation corridor, Dunsmuir offers easy access to recreational opportunities throughout the region. As a result, short-term rentals have existed in the community for many years. Nevertheless, growth in the popularity of this lodging type has generated a need to establish short-term rental regulations that protect the public health, safety, comfort, and general welfare of the city's residents and visitors. In addition to the requirements, regulations, and standards for short-term rentals imposed by this chapter, all other applicable requirements, regulations, and standards imposed elsewhere in the Dunsmuir Municipal Code and pursuant to state and federal law apply.

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

17.100.020 - Definitions.

The following words, phrases, and terms as used in this chapter shall have the following meanings:

"Bedroom" means a room that contains a minimum of seventy (70) square feet and a closet, the

construction of which was authorized by a building permit, if a building permit was required at the time of construction, and which currently meets all requirements of the California Residential Code and contains a window or opening that can be used for emergency egress.

"Guest" or "Guests" means the individual or individual(s) occupying the short-term rental for the purpose of staying overnight.

"Local contact person" means an individual who is personally available by telephone on a twenty-four (24)hour basis and who maintains the ability to be onsite within forty-five (45) minutes and who has access and authority to assume management of the short-term rental. An agent or professional property management company that meets the availability requirements can serve as the local contact person.

"Operator" means any and all of the following: the person who is a legal owner of a short-term rental; a person who has the legal right to possession of a short-term rental; a person who has a legal right to receive or collect any monies as rent for the occupancy of a short-term rental; and any manager, agent, representative or other similar person acting under the authority or at the direction of the owner or other operator of a short-term rental.

"Property owner" means the owner or owners of record of the subject real property as shown on the latest equalized assessment role of Siskiyou County or as otherwise actually known to the city clerk or the city clerk's designee, including but not limited to individuals, groups, corporations, and other legal entities with at least five (5) percent ownership in the subject real property.

"Short-term rental" means any residential place, space, or structure, or portion of any residential place, space, or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging, or similar use in conformance with the city's zoning regulations, and shall include, but not be limited to the following: single-family dwellings, cabins, cottages, apartments, studios, condominiums, townhouses, duplexes, triplexes, fourplexes, a bedroom or bedrooms within an existing residential unit, second dwelling units and guesthouses constructed prior to January 1, 2017, and other forms of residential shelter constructed with a building permit and rented for the purpose of continuous overnight lodging for a period of not less than one (1) night and not more than thirty (30) days.

"Transient occupancy registration certificate" means the certificate of registration described in Section 3.24.050 (Registration of hotels—Certificate of registration).

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

A.

Registration certificate required. It is unlawful for any person to advertise, maintain, operate, or use a shortterm rental within the city without a transient occupancy registration certificate, or in violation of the terms and conditions of the certificate or of this chapter (including without limitation the occupancy restrictions set forth in the certificate).

B.

Accessory dwelling units. It is unlawful for any person to advertise, maintain, operate, or use as a shortterm rental an accessory dwelling unit or junior accessory dwelling unit as those terms are used in California Government Code Sections 65852.2 and 65852.22, or as amended. No transient occupancy registration certificate shall be issued for any accessory dwelling unit or junior accessory dwelling unit. Each rental occurring without a transient occupancy registration certificate and each rental of an accessory dwelling unit or junior accessory dwelling unit shall be a separate violation.

C.

Prohibited short-term rentals. A structure or property with a recorded covenant, deed restriction, or agreement restricting its use, including without limitation dwelling units with affordability restrictions, and dwelling units for which short-term rentals are prohibited, shall not be used for short-term rentals. Shortterm rentals are prohibited in structures not intended for residential occupancy under the California Building Code Standards and this code.

D.

Incidental camping. A transient occupancy registration certificate does not authorize incidental camping, which means any overnight camping, sleeping in tents or on decks attached to the short-term rental unit, or sleeping in travel trailers or recreational vehicles parked on the short-term rental property.

E.

Outdoor fires. No outdoor fires (e.g., firepits, campfires, etc.) are permitted at short-term rentals. Propane burning fireplaces and firepits are acceptable provided the device is in the rear yard at least ten (10) feet from all structures, neighboring property, flammable material, and vegetation. Outdoor fires do not include annual yard maintenance by the property owner or operator in compliance with local and state regulations.

F.

Grills and barbeques. Grills and barbeques are not permitted beneath a potentially flammable source including trees, umbrellas, decks, or other appurtenant structures. All grills and barbecues shall be no less

than ten (10) feet away from a structure and any flammable materials, such as a woodpile. Grills and barbeques other than electric powered pellet grills and propane grills are prohibited at short-term rentals.

G.

Subletting. Guests are prohibited from subletting a short-term rental. Only operators with a valid transient occupancy registration certificate may advertise and rent a residential unit as a short-term rental.

H.

Special events. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited from occurring at a short-term rental property.

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

A.

Annual registration required. Transient occupancy registration certificates shall be renewed annually, and separate certificates are required for each short-term rental. The certificate requirements for short-term rentals are set forth below. The issuance of any certificate pursuant to this article does not relieve the owner of the obligation to comply with the other provisions of this code pertaining to the use and occupancy of the short-term rental or the property in which it is located. Short-term rentals are allowed in all zone districts that allow residential use with approval of a transient occupancy registration certificate, however, no more than two (2) transient occupancy registration certificates shall be issued to any property owner for short-term rentals located in the R-1, R-2, R-3, and MU-1 zoning districts.

B.

Application process. An application for a transient occupancy registration certificate shall be submitted by the property owner to the city clerk or the clerk's designee. Each transient occupancy registration certificate application shall be accompanied by a nonrefundable transient occupancy registration certificate fee. The fee schedule shall be established by resolution of the city council following a public hearing and may be adjusted by resolution of the city council following a public hearing. Permits and fees required by this chapter are in addition to any license, permit, certificate, or fee required by any other chapter of this code. Each application shall at a minimum include the following:

1.

Property owner name and contact information.

2.

Operator name and contact information.

The name of the local contact person, if different from the operator, and a telephone number at which the local contact person may be immediately reached.

4.

Address and assessor's parcel number for property at which the short-term rental is located.

5.

Rental unit type (i.e., single-family dwelling, duplex, apartment, etc.). If more than one (1) residential unit is located on the property, the application must identify if the rental unit is the property's primary or secondary dwelling.

6.

Maximum occupancy. The maximum occupancy of a short-term rental shall be two (2) guests per bedroom, plus two (2) additional people excluding children under five (5) years of age. Occupancy limits shall apply between the hours of 10:00 pm and 7:00 am.

7.

Total number of off-street parking spaces available on-site.

8.

Number of trash receptacles satisfying the requirements of subsection D of Section 17.100.060 (Operational standards).

9.

Number and location of fire extinguishers, smoke detectors, and carbon monoxide alarms, and certification of compliance with Fire Code and fire safety requirements, including those pertaining to fire extinguishers, smoke detectors, and carbon monoxide alarms.

10.

Date of the most recent inspection of the short-term rental conducted by city staff and the DunsmuirCastella Fire Department pursuant to this chapter.

11.

Acknowledgment that the operator has read and understood this chapter, and the city's parking, garbage collection, guest safety, and operational standards.

12.

If the information supplied by the operator on the application for a transient occupancy registration certificate is not consistent with city records, an additional inspection may be required prior to or after the issuance of the transient occupancy registration certificate. An inspection fee shall be charged for the inspection.

C.

Term and scope of certificate. A transient occupancy registration certificate issued under this chapter shall expire at the end of the calendar year for which it is issued, unless revoked or suspended earlier. The certificate authorizes the operator to operate the short-term rental only in accordance with the terms and conditions of the certificate. Subject to the provisions of Section 17.100.060 (Operational standards), a certificate will be renewed if prior to expiration, the following is provided: updated application information (if changes have occurred), new certifications and acknowledgments required in subsections (B)(9) and (B)(11) of this section, and payment of the registration fee. Renewal applications may be submitted commencing on October 1[st ] of each year. Renewals for which applications received after November 30[th ] in a given year might not be received by applicants prior to January 1[st ] , and the advertisement or operation of a shortterm rental for which a renewed certificate has not been received shall constitute a violation of this chapter.

D.

Acceptance of registration certificate. Acceptance by an operator of a transient occupancy registration certificate shall constitute acknowledgment and acceptance of, and consent to, the requirements and provisions of this chapter.

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

All short-term rentals and the parcels on which they are located shall be inspected by the city and the Dunsmuir-Castella Fire Department prior to commencement of the use. The inspection(s) shall verify compliance with all standards and conditions of operation including safety requirements. After the initial inspection(s), said rental unit and short-term rental property shall be reinspected by the Dunsmuir-Castella Fire Department annually and by the city not less than once every three (3) years for as long as the unit is used as a short-term rental. The operator shall submit a completed inspection form or forms to the city showing that the unit has passed inspection and is approved for short-term rental. Completion of the inspections will be verified at the time of transient occupancy registration certificate renewal. The actual cost of such inspections, plus any administrative charges, shall be paid by the operator pursuant to the city's adopted fee schedule.

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

All short-term rentals shall comply with the following standards and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.

A.

Operator responsibilities and recordkeeping. The operator shall inform guests that they must not violate the standards of this chapter. The operator shall be responsible for taking any action necessary to ensure that guests abide by the terms of this chapter and other applicable provisions of this code. The operator shall collect and maintain for each guest registration the name and contact information of the registered guest,

the number of guests, and the amount of rent paid (including all ancillary charges such as cleaning charges). All such records shall be maintained for a period of three (3) years and shall be furnished to the city within five (5) days upon request.

B.

Local contact person. A local contact person shall be personally available by telephone on a twenty-four (24)-hour basis and shall be physically present at the short-term rental within forty (45) minutes of contact by city employees or agents or the guest(s). Upon receiving a call or complaint about physical conditions or circumstances that constitute an immediate threat to the public health and safety, the local contact person shall immediately contact the appropriate law enforcement, fire, or other authority.

C.

Parking. When located in a zoning district where off-street parking is required, one off-street parking space shall be provided for short-term rentals with two (2) or fewer bedrooms and two (2) off-street parking spaces shall be provided for short-term rentals with three (3) or more bedrooms. When located on property with more than one (1) dwelling unit, the off-street parking requirement for the short-term rental is in addition to all other off-street parking requirements. No vehicle, including without limitation boat trailers and recreational vehicles, may be parked at a short-term rental outside of improved parking areas or in a location or manner that does not comply with city standards.

D.

Trash and recycling. The accumulation of trash, debris, and recyclable materials outside of a short-term rental at any time is prohibited. Weekly trash collection and recycling shall be provided for each short-term rental. A minimum service level of one (1) trash can shall be maintained for each short-term rental in addition to recycling service. If one (1) trash can is insufficient to accommodate all trash generated by occupants of the short-term rental, the operator shall arrange for whatever increased level of service is required to accommodate all trash generated onsite. Garbage and recycling shall not be placed outside for collection prior to the day of pickup. When garbage and recycling are stored outdoors prior to the day of pick up, it shall be stored immediately adjacent to the unit and kept within a bear-resistant and rodentresistant container that complies with Section 8.08.080 (Refuse containers required) and that is large enough to accommodate all garbage and recycling generated onsite within a one (1)-week period.

E.

Interior posting requirements. The following information shall be posted within the interior of the rental unit in a visible location: the name of the operator and a telephone number at which that party can be reached on a twenty-four (24)-hour basis; the maximum number of guests permitted to stay overnight in the unit; the maximum number of vehicles that are allowed to be parked on the property; notification that trash and recyclable materials must be placed into cans provided for that purpose; notification that vehicles must be parked on improved parking areas on the property; off-street parking requirements during snow storms and snow removal; a description of the city's audible alert system; the telephone number of the sheriff's office; building exits, exit routes, and fire extinguisher locations; emergency evacuation information; use of outdoor fires and barbecues, when applicable; a notice regarding potential penalties associated with

violation of this chapter; and for short-term rentals with wood-burning fireplaces or woodstoves, instructions on the safe operation of such appliances and the safe disposal of ashes.

F.

Smoke alarms. Smoke alarms, in good working order, shall be installed at a minimum in each bedroom, and at least one (1) alarm on every level of the short-term rental, including basements and habitable attics.

G.

Carbon monoxide alarms. Carbon monoxide alarms, in good working order, shall be installed at a minimum outside each bedroom, on every level of the rental unit, including basements and habitable attics, and bedrooms or attached bathrooms with a fuel-burning appliance, and shall be installed in accordance with the manufacturer's installation instructions.

H.

Fire extinguisher and ash can. Each short-term rental shall be equipped with one (1) five (5)-pound fire extinguisher, type 3-A:40-B:C, installed at a readily available location near the kitchen. If the short-term rental has two (2) or more than levels, an extinguisher must be mounted within each level. Fire extinguishers shall be inspected annually by a certified professional to ensure the extinguishers are in good working order. Each short-term rental with a wood-burning fireplace or woodstove shall be equipped with a metal container at least five (5) gallons in size with a tight-fitting lid, which shall be clearly labeled for ash disposal.

I.

Visible address. Each short-term rental shall have an address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the short-term rental unit will not be clearly visible from the street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background and conform to the minimum size requirements of the California Fire Code. A short-term rental in a condominium or apartment building that does not have an individual address may utilize the condominium or apartment building address and need not comply with these requirements.

J.

Emergency communications. If located in an area with inadequate cellular service, each short-term rental unit shall contain a working landline phone or Voice Over Internet Protocol phone.

K.

Advertisements. Each advertisement for a short-term rental shall list the maximum number of occupants permitted by the transient occupancy registration certificate, the maximum number of parking spaces onsite, and the number of the transient occupancy registration certificate.

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

It is a public nuisance to violate any of the provisions of this chapter. Violations of this chapter are subject to the administrative citation provisions set forth in Chapter 1.09 (Administrative Citations), provided that fines for violations of this chapter shall be as set forth below. Any person violating the provisions of this chapter, including without limitation guests, operators, and local contact persons may be subject to administrative and/or judicial remedies as set forth herein and elsewhere in this code. In addition, the city shall have the authority to suspend or revoke the transient occupancy registration certificate, or to maintain an action for injunctive relief. Unless otherwise expressly provided, the remedies, procedures and penalties provided by this section are cumulative as to each other and to any others available under state law or this code. In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

A.

Enforcement. An administrative penalty of up to five hundred dollars ($500) per day may be imposed for each violation of this chapter contained in a first administrative citation, and up to one thousand dollars ($1,000) per day for each violation contained in a second or subsequent administrative citation. A prior citation for purposes of this chapter shall be an earlier administrative citation for violation of this chapter on the same property that occurred less than one year prior to the current citation.

B.

Denial, suspension, or revocation of a transient occupancy registration certificate. The city may deny, suspend, or revoke a transient occupancy registration certificate for any of the following reasons:

1.

The transient occupancy registration certificate application is incomplete;

2.

The transient occupancy registration certificate contains a false or misleading statement or omission of a material fact;

3.

The short-term rental, operator, or guest is currently in violation of, has been found to be in violation of, or is under investigation for violation of, any local, state or federal laws, statutes, ordinances, rules or regulations pertaining to the operation of a short-term rental;

4.

The transient occupancy registration certificate of a short-term rental for which three (3) citations have been issued for violations of this chapter within a twelve (12)-month period and not overturned on appeal, including without limitation citations issued to guests and citations issued to operators, shall be revoked, and a new certificate shall not be issued for a period of twelve (12) months from the date of the certificate revocation.

The operator is delinquent on any payment to the city of any fees, penalties, taxes, or any other monies related to the short-term rental including, but not limited to, transient occupancy taxes;

6.

A transient occupancy registration certificate application may be denied due to prior revocation or suspension of a transient occupancy registration certificate;

7.

The operation of a short-term rental is a threat to the public health, safety, or welfare;

8.

The lack of a fire inspection within the preceding year, a failed fire inspection unless documentation is provided that the conditions causing the failure were corrected and the short-term rental passed a subsequent fire inspection, or a refusal to allow a fire inspection or other inspection of the short-term rental;

9.

Absence/expiration of a transient occupancy registration certificate; or

10.

Any required application fee or renewal fee has not been paid.

C.

Appeal. Any operator or guest may appeal an administrative penalty imposed pursuant to this chapter in accordance with Section 17.136.020 (Appeals of administrative action).

D.

Costs of enforcement. All money and assets collected in payment of penalties for violations of this chapter and all money and assets collected for recovery of costs of enforcement of this chapter shall be used to offset the cost of enforcement of this chapter.

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

Transient occupancy registration certificates issued for short-term vacation rentals do not provide a vested interest in or entitlement to the continued operation of a short-term rental upon a change of property ownership. The new owner of a property for which a transient occupancy registration certificate has been issued shall notify the city upon a change of ownership of the short-term rental. Transient occupancy registration certificates for short-term rentals shall not run with the Iand and shall expire upon any partial or complete transfer of ownership of a short-term rental, regardless of whether notice of the change in ownership has been provided to the city.

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

Chapter 17.104 - BED AND BREAKFAST INNS

Sections:

It is the purpose of this chapter to establish regulations for bed and breakfast inns and facilities to assure compatibility with surrounding residential neighborhoods, and to establish procedures for the processing of bed and breakfast inn applications.

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

Sec. - 17.104.020 General regulations.

A.

In addition to any and all required permits and conditions pursuant thereto, and irrespective of whether a use permit is required in the particular instance, all bed and breakfast inns and facilities shall be subject to all other applicable provisions of the Dunsmuir Municipal Code.

B.

The establishment of bed and breakfast inns and facilities in any particular location shall be harmonious with the character of the neighborhood and zoning district in which they are to be located.

C.

Adequate off-street parking is of primary concern in the establishment of bed and breakfast inns and facilities.

D.

No meals may be served to persons who are not also renters except for those persons who are non-paying personal guests of the occupying owner or manager of the inn.

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

All applications for use permits for bed and breakfast inns and facilities, when required, shall be accompanied by the following:

A.

A floor layout and site plan, which accurately depict the following:

All existing and proposed structures.

2.

Off-street parking and driveway access.

3.

Adjacent properties and improvements.

B.

Photographs or drawings of existing elevations and drawings of any proposed changes thereto.

C.

Sign details and proposed locations.

D.

Any other information required by the planning commission during processing of the application.

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

Bed and breakfast inns and facilities shall be permitted only where the occupying owner or manager maintains their primary place of residence on the site, and the bed and breakfast inn and facility shall be operated as an accessory use to the owner or manager's residence.

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

Off-street parking shall be provided in accordance with Chapter 17.76 (Off-Street Parking).

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

Bed and breakfast inns and facilities shall be limited to the number of rental rooms or units as follows:

A.

Only bed and breakfast inns and facilities which are comprised of five (5) or fewer rental units may be allowed when the regulations set forth in this chapter are met.

B.

No premises shall be utilized for a bed and breakfast inn and facility unless there are at least two (2) exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of one hundred

(100) square feet for two (2) occupants with an additional thirty (30) square feet for each additional occupant up to a maximum of four (4) occupants per room.

C.

Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm, as required by the California Building Code and/or California Fire Code; in case of any differences between the requirements, the stricter shall control.

D.

Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.

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

Upon reasonable notice, any bed and breakfast inn may be inspected during normal business hours by the building inspector, fire chief, code enforcement officer, or health inspector to assure compliance with the provisions of this ordinance or any other applicable rules, regulations, statutes, or codes.

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

Chapter 17.108 - COMMERCIAL CANNABIS

Sections:

A.

Purpose. The purpose of this chapter is to identify those zoning districts that permit, conditionally permit, or prohibit commercial cannabis uses to locate within them.

B.

Intent. The intent of this chapter is to establish zoning regulations consistent with Chapter 5.05 (Regulation of Commercial Cannabis Activities) to ensure that commercial cannabis uses occur in such a manner that protect the public health, safety, comfort, and general welfare of the city's residents and visitors.

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

For the purpose of this chapter, the definitions found in Section 5.05.030 (Definitions) shall apply.

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

Commercial cannabis businesses shall meet all development standards for the zoning district in which they are located and all other requirements for the use established by this code.

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

All commercial cannabis businesses permitted pursuant to Section 17.108.050 (Uses permitted) shall obtain a commercial cannabis business permit as required by Chapter 5.05 (Regulation of Commercial Cannabis Activities) and shall be in compliance with all other licensing requirements of this code and state law.

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

The following land use table shall be used to determine whether a commercial cannabis use is permitted (P), not permitted (N), or conditionally permitted (C) in each zoning district. If a commercial cannabis use is not listed, it is not permitted in any zoning district. If a zoning district is not included in the land use table, commercial cannabis uses are prohibited in that zoning district.

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

Chapter 17.112 - MOBILE FOOD SALES

Sections:

It is the purpose of this chapter to preserve the peace, safety, and welfare of the city and its residents by providing clear and concise standards for mobile food sales.

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

This chapter applies to mobile food sales within the city. No registration, permit, or licenses for mobile food sales shall be issued absent compliance with this chapter.

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

A.

"Mobile food sales" means selling or offering to sell any type of food, beverage, or edible of any type, from a motorized vehicle, trailer, or pushcart.

B.

"Mobile food vendor" means a retail food service in which food is served to walk-up customers from a motorized vehicle, trailer, or pushcart.

C.

"Mobile food court" means a development on a privately owned parcel with two (2) or more mobile food vendors, an individual pad, service, and utility hook-ups for each mobile food vendor, and on-site amenities, such as restrooms, dining area, etc., for customers, and which are intended for regular food service from mobile food vendors. Mobile food courts may have mobile food vendors that operate on a temporary basis (up to four (4) hours per day) or a long-term basis (more than four (4) hours per day). Operations associated with a private catered event or a city-permitted special event are not considered a mobile food court.

D.

"Mobile food commissary" means a development on a privately owned parcel that is utilized by one (1) or more mobile food vendors to: prepare or prepackage food for sale or service at other locations; store food, containers, or supplies; clean utensils; dispose of liquid and solid wastes; obtain potable water; and/or store motorized vehicles, trailers, pushcarts, and other equipment when not in use.

E.

"Specialty food sales" means a retailer of pre-packaged or whole food products that does not involve onsite preparation. Specialty food sellers operate in a single location for no more than fifteen (15) minutes per occasion before changing locations (e.g., ice cream trucks).

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

17.112.040 - Mobile food vendor operating requirements.

The following standards apply to mobile food vendors that operate in the city, whether located within public rights-of-way, on public property outside of rights-of-way, and on private property with the permission of the property owner:

A.

Registration Required. An annual registration permit is required for mobile food vendors operating in the city. Permit applications shall be processed administratively provided that staff may, at their discretion, refer any application to the planning commission for consideration. As part of the annual registration process, mobile food vendors shall obtain a business license from the city and shall be responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for mobile food service from the county.

B.

Vehicle Compliance. Motorized vehicles and trailers used in conjunction with mobile food sales shall be in compliance with state motor vehicle laws.

C.

Hours of Operation.

Residential zoning districts: Except as provided for herein, mobile food sales are limited to specialty food sales in the R-1, R-2, and R-3 zoning districts between the hours of 8:00 a.m. and 6:00 p.m.

2.

Mixed use zoning districts: All mobile food vendors operating in the MU-1, MU-2, and

MU-3

zoning districts shall cease operation between the hours of 8:00 p.m. and 7:00 a.m.

3.

Commercial zoning districts: All mobile food vendors operating in the T-C and S-C zoning districts shall cease operation between the hours of 10:00 p.m. and 7:00 a.m.

4.

Industrial zoning districts: All mobile food vendors shall cease operation within the

L-M

and M zoning districts between the hours of 9:00 p.m. and 7:00 a.m.

5.

Open Space and Public Facilities zoning districts: All mobile food vendors operating in the O-S and P-F zoning districts shall cease operation between the hours of 8:00 p.m. and 7:00 a.m.

D.

Time Limits. A mobile food vendor shall not vend within the public right-of-way at any location for more than three (3) hours without moving to a new location that is at least five hundred (500) feet from the previous location.

E.

Intersections. Mobile food vendors shall not stop, stand, or park in any location that obstructs visibility of an intersection or of traffic entering or exiting an intersection.

F.

No Parking and Loading Zones. Mobile food vendors shall not stop, stand, or park in or adjacent to any no parking or loading zone.

G.

Parking Facilities. Operations within public and private parking facilities shall not conflict with traffic circulation, shall not interfere with pedestrian paths of travel or the minimum required on-site parking

spaces for the principal use(s) on the property, and shall impact no more than (2) parking spaces.

H.

Proximity to Fixed Restaurants. Mobile food vendors shall not operate within two hundred fifty (250) feet from the main customer entrance of any restaurant.

I.

Proximity to Public Schools. Mobile food vendors shall not operate within a public parking lot, city park, or public right-of-way within five hundred (500) feet of a public school within thirty (30) minutes of the beginning and end of the school day.

J.

ADA Access. Mobile food vendors shall not interfere with parking spaces established pursuant to the Americans with Disabilities Act (ADA) and shall maintain a clear path of travel on sidewalks and other pedestrian pathways that is free of customer queuing, signage, and/or all portions of the vehicle, trailer, or pushcart for the clear movement of pedestrians.

K.

Trash Receptacles. Mobile food vendors shall maintain trash receptacles immediately adjacent to the vending location for use by their customers and shall pick up all trash within twenty-five (25) feet of their vending location. Trash shall not be placed in city trash receptacles.

L.

Self-Contained Operations. When located on public property, outside tables, seating, and shade canopies are not permitted.

M.

Music and Audio. No amplified or non-amplified music or audio is permitted.

N.

Alcoholic Beverages. The sale and/or service of alcohol is not permitted.

O.

Private Property. When permitted by the zoning district, mobile food vendors may operate on private property subject to the following:

1.

Unless located in an approved mobile food court, only one (1) mobile food vendor is allowed per site; mobile food sales are restricted to properties that include a business that it open during the hours of mobile food sales; and outside overnight storage of furniture is prohibited.

Properties used for mobile food sales must have all public improvements in place, including but not limited to curb, gutter, sidewalk, and vehicular access.

3.

Mobile food vendors may only operate on paved surfaces. Operating on unimproved surfaces, landscaped areas, or within required setback areas is prohibited.

4.

Tables, umbrellas, and chairs are permitted on paved and/or improved surfaces outside of required setbacks provided they do not obstruct visibility of traffic entering or exiting the property or adjacent intersections.

5.

Prior to operating on private property, mobile food vendors shall obtain written permission from the property owner(s), which shall be made available to city staff upon request.

P.

Exceptions.

1.

By conditional use permit, the planning commission may grant exceptions to these provisions.

2.

Mobile food sales on public streets or property at city sanctioned events shall not require a conditional use permit provided such sales are conducted at locations and in a manner and time as may be directed by the city.

3.

Unless so conditioned, mobile food vendors operating in an approved mobile food court are not subject to the restrictions on hours of operation or the prohibition on the sale of alcohol and outside storage of furniture pursuant to this section.

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

Mobile food courts are subject to all permit requirements and site development standards established by this code. Mobile food courts shall be further subject to the following standards:

A.

An individual pad and individual service and utility hook-ups shall be provided for each mobile food vendor.

B.

A restroom shall be provided on site for employees and customers.

C.

Pedestrian-oriented amenities, including tables, seating, shaded areas, and landscaping, shall be provided.

D.

Customer walkup areas may not extend into the public right-of-way.

E.

With the exception of providing food service at community events, the maximum number of mobile food vendors per lot shall be as follows:

1.

Maximum of two (2) mobile food vendors on lots less than one-half (0.5) acre.

2.

Maximum of four (4) mobile food vendors on lots between one-half (0.5) acre and one (1) acre.

3.

Maximum of six (6) mobile food vendors on lots greater than one (1) acre.

F.

Exceptions. By conditional use permit, the planning commission may grant exceptions to these provisions.

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

17.112.060 - Exemptions.

The following are exempt from the requirements of this chapter as specified below, but still must satisfy all other applicable permit requirements (e.g., business license, encroachment permit, county food facility permit, etc.).

A.

Mobile food sales conducted in connection with the operations of a certified farmers' market.

B.

Mobile food sales conducted at a city-sponsored special event, such as a street fair.

C.

Mobile food sales at an event at a school facility, assembly use facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way).

D.

Mobile food sales at a public park with approval of the district administrator.

E.

Mobile food sales at a private event or party in a residential zone located either on the site of the event or in the public right-of-way with no retail sales to the general public.

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

Chapter 17.116 - ACCESSORY DWELLING UNITS

Sections:

This chapter provides for accessory dwelling units (ADU) and junior accessory dwelling units (JADU) consistent with Government Code Sections 65852.2 and 65852.22.

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

17.116.020 - Definitions.

A.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

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

A.

Location.

1.

Accessory dwelling units are permitted by right in all zoning districts that allow single-family residential and multifamily residential as a principally permitted use.

2.

In addition, an existing dwelling unit that complies with the development standards for accessory dwelling units in subsection E of this section may be considered an accessory dwelling unit, and a new principal unit may be constructed, which would then be considered the principal dwelling unit.

B.

Limitation.

1.

Single-Family Residential. No more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit shall be located on the same parcel improved with a single-family dwelling.

2.

Multifamily Residential.

a.

No more than two (2) detached accessory dwelling units shall be allowed on a parcel improved with a multifamily dwelling.

b.

When the accessory dwelling unit is created within a portion of the existing multifamily dwelling structure that is not used as livable space, and if each space complies with applicable building and health and safety codes, the number of accessory dwelling units allowed on a parcel improved with a multifamily dwelling is limited to not more than twenty-five (25) percent of the number of multifamily dwelling units on the property, except that at least one (1) accessory dwelling unit shall be allowed.

C.

Occupancy. Owner occupancy of a dwelling on the property is not required between January 1, 2020 and January 1, 2025. Thereafter, owner-occupancy shall be required in one (1) of the dwellings.

D.

All requirements and regulations of the district in which the lot is situated shall apply, except as set forth in subsection E of this section.

E.

Conditions. An accessory dwelling unit may be established by the conversion of an attic, basement, garage, or other portion of an existing residential unit or by new construction, by the conversion of an accessory structure, or by new construction provided the following criteria are met:

1.

Floor Area. The floor area of the accessory dwelling unit shall not exceed:

a.

Parcels sized ten thousand (10,000) square feet or greater: One thousand two hundred (1,200) square feet.

b.

All other parcels: Eight hundred and fifty (850) square feet for a studio or one-bedroom accessory dwelling unit, or one thousand (1,000) square feet for an accessory dwelling unit that provides for more than one (1) bedroom.

2.

The increased floor area of an attached accessory dwelling unit shall not exceed eight hundred (800) square feet or fifty (50) percent of the existing living area, whichever is greater.

3.

Height. The height of a one-story detached accessory dwelling unit shall not exceed eighteen (18) feet, and a detached two-story accessory dwelling unit shall not exceed twenty-five (25) feet.

4.

Architecture.

a.

Accessory dwelling units shall be substantially compatible with the principal dwelling and the neighborhood.

b.

For accessory dwelling units located within the required setbacks of the primary residence, all windows along the wall facing the adjoining property line within the required setback shall be clerestory (minimum of five (5) feet, six (6) inches sill height above the finished floor) or shall have permanently obscured glazing. Windows that vary from this standard may be allowed with written approval from the adjacent property owner that faces the window(s).

5.

Setbacks.

a.

An accessory dwelling unit attached to the primary residence shall be subject to the same minimum side, front, and rear setback requirements as the primary residence.

b.

One-story accessory dwelling units (both attached and detached) shall have side and rear setbacks of not less than four (4) feet.

c.

No setback shall be required for a garage or other accessory structure which was constructed with a building permit as of January 1, 2020, that is converted to an accessory dwelling unit.

d.

A setback of no more than five (5) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

6.

Manufactured and Mobile Homes. Manufactured and mobile home accessory dwelling units that meet the requirements of state law shall be allowed provided they are constructed on a permanent foundation, are substantially compatible with the principal unit, and adhere to the development standards set forth in this chapter.

7.

Utility Connections. At the discretion of the city manager, utility connections (sewer, water, electricity, telephone) may or may not be connected to the principal dwelling unit. If utility connections are separate from the principal unit, power and telephone lines shall be underground from the point of source as approved by the respective utility purveyor to the accessory dwelling unit. However:

a.

For the creation of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure, the city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

8.

Selling Accessory Dwelling Units. The accessory dwelling unit shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.

Renting Accessory Dwelling Units. The rental of an accessory dwelling unit is allowed, but not required. Accessory dwelling units shall not be utilized as short-term rentals (no transient occupancy) and must be rented for at least thirty (30) days.

10.

Separate Entrance Required. The entry to an attached accessory dwelling unit shall be accessed separately and securely from the principal unit.

a.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this chapter, a passageway is a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the accessory dwelling unit.

11.

Applicable Codes. Accessory dwelling units must comply with applicable building, fire and other health and safety codes.

12.

Lot Coverage. Accessory dwelling units shall not be considered when calculating the maximum lot coverage allowed.

13.

Parking.

a.

Parking requirements for accessory dwelling units shall not exceed one (1) parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking requirements shall be mandatory for those accessory dwelling units in any of the following instances:

i.

The accessory dwelling unit is located within one-half (0.5) mile of public transit.

ii.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

iv.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v.

When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

b.

Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

c.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit and may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

F.

Application Procedure. City clerk, or designee, approval shall be required for all accessory dwelling units. The property owner shall file a complete building permit application and pay all applicable fees. The completed application form shall include, but not be limited to, data on the floor space and height of the proposed unit and the existing residential unit(s), a photograph of the existing residential unit(s), and an accurately drawn site plan showing the location and size of all existing and proposed structures, the proposed accessory dwelling unit, setbacks, utility connections, and vehicle parking.

G.

Existing Nonpermitted Accessory Dwelling Units. The city clerk may approve an accessory dwelling unit constructed without benefit of required permits; provided, that the unit conforms to the current building code, is subject to applicable current permit and impact fees, and conforms to setback, height, area, and other physical development standards otherwise applicable.

H.

Accessory dwelling units shall not be counted as "development units" under the General Plan density requirements.

I.

Accessory dwelling units converted from existing space shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including sewer and water. Accessory dwelling units of seven hundred and fifty (750) square feet or less shall not be subject to impact fees. Accessory dwelling units larger than seven hundred and fifty (750) square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit.

J.

The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence (unless otherwise required by the fire chief based on state law). However, other fire protection mechanisms, as determined by the fire chief, may be required for fire and life safety in those accessory dwelling units not meeting setbacks.

K.

An accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to comply with current building code requirements and to comply with current development standards in effect at the time of the request to terminate the use of the accessory dwelling unit.

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

17.116.040 - Junior accessory dwelling unit criteria.

A.

Location. Junior accessory dwelling units may be allowed only on parcels zoned for single-family residential use with an existing single-family dwelling unit on the parcel, or as part of a proposed single-family residential use when it is within the proposed space of a single-family dwelling.

B.

Limitation. In no case shall more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit be placed on the same lot or parcel.

C.

Occupancy. Owner-occupancy is required in the single-family dwelling unit in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the single-family dwelling unit or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

D.

Existing Structure/Bedroom. A junior accessory dwelling unit shall be located within the walls of an existing or proposed single-family residence.

E.

Entrance. A junior accessory dwelling unit shall include its own discrete entrance, separate from the main entrance to the structure. A permitted junior accessory dwelling unit may include an interior entry to the

main living area and may include a second interior doorway for sound attenuation.

F.

Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

G.

Parking. Junior accessory dwelling units have no parking requirement.

H.

Deed Restriction. The junior accessory dwelling unit shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the city and shall include both of the following:

1.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and

2.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

I.

Timing. A permit shall be issued within sixty (60) days of submission of an application for a junior accessory dwelling unit that meets the criteria in this section and is part of an existing single-family dwelling.

J.

For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

K.

For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

L.

A junior accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use, including reverting to a portion of the primary residence, except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to comply with

ce, except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to comply with

current building code requirements and to comply with current development standards in effect at the time of the request to terminate the use of the junior accessory dwelling unit.

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

Chapter 17.120 - WIRELESS TELECOMMUNICATIONS FACILITIES

The purpose of this chapter is to regulate the establishment and operation of wireless telecommunications facilities within the city to:

A.

Allow for the provision of wireless communications services adequate to serve the public's interest within the city;

B.

Require, where feasible, the co-location of wireless telecommunications facilities;

C.

Minimize the negative aesthetic impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the public health, safety and general welfare;

D.

Strongly encourage the location of wireless telecommunications facilities in those areas of the city where the adverse aesthetic impact on the community is minimal;

E.

Strongly encourage wireless telecommunications providers to configure all facilities in such a way that minimizes displeasing aesthetics through careful design, siting, landscaping, screening, and innovative camouflaging techniques;

F.

Enhance the ability of the providers of telecommunications services to provide such services to the city quickly, effectively, and efficiently; and

G.

Conform to all applicable federal and state laws.

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

In addition to those terms defined in Chapter 17.08 (Definitions), the following terms shall have the meanings set forth below, for the purposes of this chapter:

A.

"Abandoned" means a wireless telecommunications facility that is not in use for six (6) consecutive months.

B.

"Applicable law" means all applicable federal, state, and city laws, ordinances, codes, rules, regulations and orders, as the same may be amended or adopted from time to time.

C.

"Co-location" means the placement or installation of wireless telecommunications facilities, including antennas and related equipment onto an existing wireless telecommunications facility in the case of monopoles, or onto the same building in the case of roof/building-mounted sites.

D.

"Co-location facility" means a wireless telecommunications facility that has been co-located consistent with the meaning of "co-location" as defined in subsection C of this section. It does not include the initial installation of a new wireless telecommunications facility where previously there was none, nor the construction of an additional monopole on a site with an existing monopole.

E.

"Monopole" means any single freestanding pole structure used to support wireless telecommunications antennas or equipment at a height above the ground. This includes those poles camouflaged to resemble natural objects.

F.

"Public right-of-way" means any public highway, street, alley, sidewalk, parkway, and all extensions or additions thereto which is either owned, operated, or controlled by the city, or is subject to an easement or dedication to the city, or is a privately owned area within city's jurisdiction which is not yet dedicated, but is designated as a proposed public right-of-way on a tentative subdivision map approved by the city.

G.

"Roof/building-mounted site" means any wireless telecommunications facility, and any appurtenant equipment, located on a rooftop or building, having no support structure such as a monopole or other type of tower.

H.

"Wireless telecommunications facility" means equipment installed for the purpose of providing wireless transmission of voice, data, images, or other information including but not limited to, cellular telephone service, personal communications services, and paging services, consisting of equipment, antennas, and network components such as towers, utility poles, transmitters, base stations, conduits, pull boxes,

electrical meters, and emergency power systems. "Wireless telecommunications facility" does not include radio or television broadcast facilities, nor radio communications systems for government or emergency services agencies.

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

17.120.030 - Use permit required for new facilities.

A conditional use permit shall be obtained prior to the initial construction and installation of any new wireless telecommunication facility that is not a co-location facility.

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

17.120.040 - Development and design standards for new facilities not co-located.

All new wireless telecommunications facilities that are not co-location facilities shall meet the following minimum standards:

A.

Location. New wireless telecommunications facilities shall not be located in any residential or mixed-use zoning district unless the applicant demonstrates, by a preponderance of evidence, that a review has been conducted of other options with less environmental impact, and no other sites or combination of sites allows feasible service or adequate capacity and coverage. This review shall include, but is not limited to, identification of alternative site(s) within a one (1)-mile radius of the proposed facility. See additional application requirements in Section 17.120.050 (Application requirements for new facilities not co-located).

B.

Co-location required. New wireless telecommunications facilities shall not be located in areas where colocation on existing facilities would provide equivalent coverage, network capacity, and service quality with less environmental or aesthetic impact.

C.

Accommodation of co-location. Except where aesthetically inappropriate in the determination of the city manager, or historic district delegates when located in a historic district or historic district buffer zone, new wireless telecommunications facilities shall be constructed so as to accommodate co-location and must be made available for co-location unless technologically infeasible. In cases where technological infeasibility is claimed, it shall be the responsibility of the party making such claim to demonstrate, by a preponderance of evidence, that such co-location is, in fact, infeasible.

D.

Additional development and design standards. Wireless telecommunications facilities also shall be subject to the additional design standards specified in Section 17.120.100 (Development and design standards for all wireless telecommunications facilities).

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

In addition to the requirements set forth in Section 17.88.040 (Application) and Section 17.92.020 (Site plan), applicants for new wireless telecommunications facilities that are not co-location facilities shall submit the following materials regarding the proposed wireless telecommunications facility:

A.

Photo simulations. Photo simulations of the facility from reasonable line-of-sight locations from public roads or viewpoints.

B.

Maintenance plan. A maintenance plan detailing the type and frequency of required maintenance activities, including maintenance of landscaping and camouflaging, if applicable.

C.

Five (5)-year build-out plan. A description of the planned maximum five (5) year build-out of the site for the applicant's wireless telecommunications facility, including, to the extent possible, the extent of potential expansion to accommodate future co-location facilities by other wireless service providers. The applicant shall use best efforts to contact all other wireless service providers known to be operating in the city upon the date of application, to determine the demand for future co-locations at the proposed site, and, to the extent feasible, shall provide written evidence that these consultations have taken place, and a summary of the results, at the time of application. The city shall, within thirty (30) days of its receipt of an application, identify any known wireless service providers that the applicant has failed to contact and with whom the applicant must undertake their best efforts to fulfill the above consultation and documentation requirements. The location, footprint, maximum tower height, and general arrangement of future colocations shall be identified by the five (5) year build-out plan. If future co-locations are not technically feasible, a written explanation shall be provided.

D.

Nearby facilities. Identification of existing wireless telecommunications facilities within a one (1)-mile radius of the proposed location of the new wireless telecommunications facility, and an explanation of why colocation on these existing facilities, if any, is not feasible. This explanation shall include such technical information and other justifications as are necessary to document the reasons why co-location is not a viable option. The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall also provide a written explanation for why the alternatives considered were either unacceptable or infeasible. If an existing wireless telecommunications facility was listed among the alternatives, the applicant must specifically address why the modification of such wireless telecommunications facility is not a viable option. The written explanation shall also state the radio frequency coverage and capacity needs and objectives of the applicant, and shall include maps of existing coverage and predicted new coverage with the proposed facility.

E.

Availability for co-location. A statement that the proposed wireless telecommunications facility is available for co-location, or an explanation of why future co-location is not technically feasible.

F.

RF report. A radio frequency (RF) report describing the emissions of the proposed wireless telecommunications facility. The report shall demonstrate that the emissions from the proposed equipment as well as the cumulative emissions from the facility will not exceed the limits established by the Federal Communications Commission (FCC).

G.

Alternative analysis. Applications for the establishment of new wireless telecommunications facilities inside residential or mixed-use zoning districts, shall be accompanied by a detailed alternatives analysis that demonstrates that there are no feasible alternative nonresidential sites available to eliminate or substantially reduce significant gaps in the applicant service provider's coverage or network capacity.

H.

Height justification. An engineering certification providing technical data sufficient to justify the proposed height of any new monopole or roof/building-mounted site.

I.

Deposit. A cash or other sufficient deposit for a third-party peer review as required by this chapter.

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

A.

Conditional use permits and other entitlements for wireless telecommunications facilities, including approval of the five (5)-year build-out plan as specified in subsection (C) of section 17.120.050 (Application requirements for new facilities not co-located), shall be valid for ten (10) years following the date of decision. A ten (10)-year term is prescribed due to the unique nature of development, exceptional potential for visual and aesthetic impacts, and the rapidly changing technologic aspects that differentiate wireless telecommunications from other land uses allowed in the city. The applicant or operator shall file for a renewal for the entitlement with the city clerk and pay the applicable renewal application fees six (6) months prior to expiration of the permit, if continuation of the use is desired. In addition to providing the standard information and application fees required for renewal, wireless telecommunications facility renewal applications shall provide an updated build-out description prepared in accordance with the procedures established by subsection C of Section 17.120.050 (Application requirements for new facilities not colocated).

B.

Where required, renewals for entitlements for existing wireless telecommunications facilities and colocation facilities constructed prior to the effective date of this chapter are subject to the provisions of

Sections 17.120.030 through 17.120.050. Renewals of entitlements approved after the effective date of this chapter shall only be approved if all conditions of the original entitlement have been satisfied, and the five (5)-year build-out plan has been provided.

C.

If the entitlement for an existing wireless telecommunications facility has expired, applications for renewed entitlements, modifications, expansions, or co-locations at that site shall be subject to the standards and procedures for new wireless telecommunications facilities set forth in Sections 17.120.030 through 17.120.050.

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

17.120.070 - Permit requirements for co-location facilities.

A.

Co-location facilities requiring a conditional use permit. Applications for co-location facilities will be subject to the standards and procedures set forth for new wireless telecommunications facilities in accordance with Sections 17.120.030 through 17.120.060, if any of the following apply:

1.

No conditional use permit was issued for the original wireless telecommunications facility;

2.

The conditional use permit for the original wireless telecommunications facility did not allow for future colocation facilities or the extent of site improvements involved with the co-location project (in this case, an application for a modification to the approved conditional use permit, subject to planning commission review, may be substituted for a new conditional use permit); or

3.

No environmental review was completed for the location of the original wireless telecommunications facility that addressed the environmental impacts of future co-location facilities (in this case, an application for a modification to the approved conditional use permit, subject to planning commission review, may be substituted for a new conditional use permit).

B.

Permit requirements for other co-location facilities.

1.

Facilities in a historic district or historic district buffer zone. Co-location facilities proposing visible exterior changes to a site in a historic district or historic district buffer zone shall be subject to review by the Planning Commission pursuant to Chapter 17.68 (Historic Preservation).

All others. Applications for all other co-location facilities shall be subject to a building permit approval. Prior to filing an application for a building permit for co-location, the applicant shall demonstrate compliance with the conditions of approval, if any, of the original conditional use permit, and with all applicable provisions of this section, by submitting an application for an administrative review in accordance with Section 17.120.090 (Application requirements for co-location facilities). The applicant shall not file an application for a building permit until the applicant receives written notification that this administrative review is complete and approved. The applicant shall pay a fee for the administrative review in the amount adopted by resolution of the city council.

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

17.120.080 - Development and design standards for co-location facilities.

A.

Compliance with discretionary approvals. The co-location facility shall comply with all approvals and conditions of the existing discretionary permit for the wireless telecommunications facility.

B.

Harmonious design. To the extent feasible, the design of co-location facilities shall be in visual harmony with the other wireless telecommunications facilities on the site.

C.

Additional design standards. Co-location facilities also shall be subject to the additional design standards specified in Section 17.120.100 (Development and design standards for all wireless telecommunications facilities).

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

17.120.090 - Application requirements for co-location facilities.

Applications that qualify for administrative review of co-location facilities in accordance with Section 17.120.070 (Permit requirements for co-location facilities) shall be required to submit the following:

A.

Photo simulations of the facility from reasonable line-of-sight locations from public roads or viewpoints;

B.

A maintenance and access plan that identifies any changes to the original maintenance and access plan associated with the existing wireless telecommunications facility and conditional use permit.

C.

A radio frequency (RF) report demonstrating that the emissions from the co-location equipment as well as the cumulative emissions from the co-location equipment and the existing facility will not exceed the limits established by the Federal Communications Commission (FCC).

D.

Prior to the issuance of a building permit, the applicant shall submit color samples, and materials samples if requested, for the co-location equipment and any screening devices. Paint colors and materials shall be subject to the review and approval of the city manager or their designee. Color verification shall occur in the field after the applicant has painted the equipment the approved color, but before the applicant schedules a final inspection.

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

17.120.100 - Development and design standards for all wireless telecommunications facilities.

The following standards shall apply to all wireless telecommunications facilities and co-location facilities:

A.

The adverse visual impact of wireless telecommunications facilities shall be avoided, minimized, and mitigated by:

1.

Siting new wireless telecommunications facilities outside of public viewshed whenever feasible;

2.

Maximizing the use of existing vegetation and natural features to cloak wireless telecommunications facilities;

3.

Constructing towers or monopoles no taller than necessary to provide adequate coverage, network capacity, and service quality;

4.

Grouping buildings, shelters, cabinets, ground lease areas, and other equipment together, to avoid spread of these structures across a parcel or lot;

5.

Screening wireless telecommunications facilities and co-location facilities with landscaping consisting of drought-tolerant plant material. All ground lease areas shall be landscaped on the exterior of the enclosure wall, planted not more than four (4) feet on center. Adequate irrigation systems shall be provided for landscaping. The landscape screening requirement may be modified or waived by the city manager in instances where landscaping would not be appropriate; and

6.

Painting all equipment to blend with the surrounding environment as specified in subsection C of this section.

B.

Pole design. Use of monopoles that attempt to replicate trees or other natural objects are disingenuous by their obvious falsity, are strongly discouraged, and shall be used only as a last resort when all other options have been exhausted

C.

Paint colors. Paint colors for a wireless telecommunications facility and co-location facility shall minimize the facility's visual impact by blending with the surrounding environment, terrain, landscape, or buildings. Paint colors shall be subject to the review and approval of the city manager or their designee, or planning commission when located in a historic district or historic district buffer zone. Color verification shall occur in the field after the applicant has painted the equipment in the approved color(s), but before the applicant schedules a final inspection.

D.

Roof/building-mounted facilities. For roof/building-mounted wireless telecommunications facilities and colocation facilities, the following standards also shall apply:

1.

Antenna location.

a.

Antennas mounted on the facade of a building are strongly discouraged, but if approved, must be fully integrated into the architecture of the existing structure or otherwise screened from public view. "Stealth boxes" enclosing facade antennas shall not be considered adequate screening.

b.

Antennas shall be mounted on building rooftops or roof decks whenever feasible as a preferred alternative to facade-mounting. Antennas located on the building rooftop shall be located above the ceiling plate of the highest occupied floor.

c.

Antennas shall be located as far away as possible from the edge of the building or roof, with the goal of reducing or eliminating visibility of the installation from any and all vantage points.

2.

Equipment location.

a.

All equipment appurtenant to a roof/building-mounted wireless telecommunications site shall be located inside an existing building whenever possible, to the satisfaction of the city manager or their designee.

b.

If it is physically impossible for equipment to be located inside an existing building and the equipment is to be located on a building rooftop, the equipment shall be subject to the same screening and location requirements as the antennas. If no space for the equipment is available for lease in a building because all possible spaces are leased and occupied, this shall constitute a physical impossibility.

3.

Screening required.

a.

Where physically possible, antennas and equipment shall be located entirely within an existing architectural feature or screening device. This shall include areas used or occupied by other wireless service providers where feasible.

b.

All antennas and equipment mounted on a building rooftop shall be screened in a manner that is architecturally compatible with the existing building and is otherwise made as unobtrusive as possible. Screening shall use matching colors, materials, and architectural styles to create a harmonious addition to the building's architecture without disrupting its form, volume, massing, or balance.

c.

All antennas, including panel antennas, microwave antennas, GPS antennas, any other antennas, and all other equipment mounted on the building, shall be concealed behind the screening device on all sides such that the antennas and appurtenant equipment is not visible from the exterior of the subject property, from other property, or the public right-of-way.

d.

All cable trays and cable runs shall be located within existing building walls whenever physically possible. Cable trays and runs on the facade of a building are strongly discouraged. Any facade-mounted cable trays and runs shall be painted and textured to match the building and shall be mounted as close to the facade surface as possible, with no discernible gap between. Cable trays and runs mounted on a roof deck and below the height of the parapet wall or screening device shall be exempt from this requirement, provided they are fully screened by the parapet wall or screening device. Exposed cable trays and runs on a sloped roof are prohibited.

e.

At the discretion of the reviewing authority, part or all of a proposed roof/building-mounted wireless telecommunications facilities or co-location facility may be exempted from screening requirements if the best feasible screening design would result in greater negative visual impacts than if part or all of the proposed installation were unscreened.

Restrictions in historic districts, landmarks and buffer zones. Installation of a roof/building-mounted wireless telecommunications facilities or co-location facility in a historic district, designated landmark, or buffer zone shall make no changes to the external appearance of the building unless approved by the planning commission pursuant to Chapter 17.68 (Historic Preservation).

E.

Non-reflective materials. The exteriors of wireless telecommunications facilities and co-location facilities shall be constructed of non-reflective materials.

F.

Underlying setbacks. Wireless telecommunications facilities and co-location facilities shall comply with all the setback requirements of the underlying zoning district(s), except as modified by this chapter.

G.

Height. Facilities subject to the provisions of this chapter may be built and used to a greater height than the limit established for the zoning district in which the structure is located, except as otherwise provided below:

1.

No monopole or other freestanding structure shall ever exceed a maximum height of one hundred twenty (120) feet in any zoning district. In any residential or mixed-use zoning district, no monopole or other freestanding structure shall exceed a maximum height of fifty-five (55) feet. However, if an applicant demonstrates that the monopole or structure will accommodate a minimum of two (2) carriers, the site may be permitted at a maximum height of sixty (60) feet; or the applicant demonstrates that the monopole or structure will accommodate three (3) carriers, the site may be permitted at a maximum height of sixty-five (65) feet.

2.

A roof/building-mounted wireless telecommunications facilities shall not exceed the maximum height allowed in the applicable zoning district, or ten (10) feet above the building roof deck, whichever is higher, except that in any residential and mixed-use district, no roof/building-mounted site shall exceed the maximum height for structures allowed in that district.

3.

Notwithstanding the height limits set forth in the preceding sections, for facilities to be mounted on towers used for high-voltage electrical power transmission between generating plants and electrical substations (not utility poles), the antennas may be mounted as high as necessary on the tower, provided that the top of the highest antenna is not higher than the top of the existing tower.

H.

Accessory buildings. In any zoning district, accessory buildings in support of the operation of the wireless telecommunications facility or co-location facility may be constructed, provided that they comply with the

development standards set forth for accessory structures for the zoning district in which the site is located.

I.

Footprint. The overall footprint of each wireless telecommunications facility shall be as small as possible, to the satisfaction of the city manager.

J.

Generators and emergency power. Diesel generators are allowed as an emergency power source, although they are discouraged. When a feasible alternative technology for permanent on-site backup power becomes available, the city manager may require the use of such technology in lieu of a diesel generator, unless the applicant provides written documentation explaining why such an alternative is not feasible. All generator installations shall comply with all containment requirements of the applicable Fire and Building Codes, without exception. Unless otherwise approved by the city manager, generators and emergency power sources for wireless facilities located in the public right-of-way are prohibited.

K.

Ground lease area enclosures and landscaping. If equipment appurtenant to a facility is to be located in a ground lease area, the lease area shall be enclosed by a block wall, or other appropriate fence, to the satisfaction of the city manager or designee. The fence shall be of a minimum height of six (6) feet, unless waived at the discretion of the city manager in cases of infeasibility. The exterior of all ground lease areas shall be landscaped with drought-tolerant plant material, and adequate irrigation systems shall be provided for landscaping. This landscaping requirement may be modified or waived by the city manager in instances where landscaping would not be appropriate.

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

17.120.110 - Performance standards for all wireless telecommunications facilities.

No use may be conducted in a manner that, in the determination of the city manager or designee, does not meet the performance standards below:

A.

Lighting. Wireless telecommunications facilities and co-location facilities shall not be lighted or marked unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the California Public Utilities Commission (CPUC).

B.

Licensing. The applicant or operator shall file, receive, and maintain all necessary licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies prior to initiating the operation of the wireless telecommunications facility. The applicant shall supply the city with evidence of these licenses and registrations prior to approval of a final inspection. If any required license is ever revoked, the operator shall inform the city clerk of the revocation within ten (10) days of receiving notice of such revocation.

C.

Building permit required. Once a conditional use permit or other applicable entitlement is obtained, the applicant shall obtain a building permit and shall build in accordance with the approved plans.

D.

Power connection. The project's final electrical inspection and approval of connection to electrical power shall be dependent upon the applicant obtaining a permanent and operable power connection.

E.

Removal after end of use. The wireless telecommunications facility, and/or co-location facility, if present, and all equipment associated therewith shall be removed in its entirety by the operator, at the operator's sole expense, within ninety (90) days of a FCC or CPUC license or registration revocation or if the facility is determined to be abandoned pursuant to subsection A of Section 17.120.020 (Definitions) or is no longer needed. The site shall be restored to its pre-installation condition and where necessary revegetated to blend in with the surrounding area. In the case of roof/building-mounted facilities, all antennas, equipment, screening devices, support structures, cable runs, and other appurtenant equipment shall be removed and the building shall be restored to its to its pre-installation condition. Restoration and revegetation shall be completed within two (2) months of removal of the facility; hence a maximum of five (5) months from

abandonment of the facility to completion of restoration. Facilities not removed within these time limits shall be removed immediately. The city shall not be responsible to provide notice that removal is required under the provisions of this chapter.

F.

Maintenance. Wireless telecommunications facilities and co-location facilities shall be maintained by the permittee(s) and subsequent owners in a manner that implements all of the applicable requirements of this chapter and all other applicable zoning and development standards set forth in this title, and all permit conditions of approval. Site and landscaping maintenance shall be the responsibility of the property owner, who may designate an agent, including the operator, to carry out this maintenance.

G.

Use of backup power sources. The use of diesel generators or any other emergency backup power sources shall comply with city noise standards. The use of backup power sources shall be limited to actual poweroutage emergencies and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited.

H.

RF report. Within forty-five (45) days of commencement of operations, the applicant for the wireless communications facility shall provide (at the applicant's expense) the city manager or designee with a report, prepared by a qualified expert, indicating that the actual radio frequency emissions of the operating facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with the standards established by the Federal Communications Commission. This report shall include emissions from all co-location facilities, if any, at the site as well. The applicant shall subsequently provide such report to the city within forty-five (45) days following any change in design, number of antennas, operation, or other significant change in

circumstances, or when such a report is otherwise required by the FCC, to the satisfaction of the city manager.

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

No use may be conducted in a manner that, in the determination of the city manager, does not meet the performance standards below:

A.

Temporary wireless telecommunication facilities. Installation, maintenance, or operation of any temporary wireless telecommunications site is prohibited except during a government-declared emergency or as allowed with a use permit for a special event authorized by the city.

B.

Illegal facilities. Illegal wireless telecommunications facilities or co-location facilities have no vested rights and shall either be brought into legal conforming status in accordance with this chapter or shall be removed.

C.

Modifications to wireless telecommunications facilities. Any modification to a wireless telecommunications facility or co-location facility, including but not limited to, replacement of antennas, installation of additional antennas, installation of additional equipment cabinets, installation of a backup generator, paint or camouflage changes, and other physical changes to the facility, shall require, at a minimum, an administrative approval, and, if necessary, a building permit. Prior to issuance of any approval for modification, the applicant shall submit an application for an administrative review to determine the compliance of the proposed modification with this chapter and the existing conditional use permit or other entitlement. For sites not located in the public right-of-way, applications for modification will be subject to the standards and procedures set forth for new wireless telecommunications facilities, as specified in Sections 17.120.030 through 17.120.060, if any of the following apply:

1.

No conditional use permit was issued for the original wireless telecommunications facility;

2.

The conditional use permit for the original wireless telecommunications facility did not allow for future modification or the extent of site improvements involved with the modification project (in this case, an application for a modification to the approved conditional use permit, subject to planning commission review, may be substituted for a new conditional use permit); or

3.

No environmental review was completed for the location of the original wireless telecommunications facility that addressed the environmental impacts of future modifications (in this case, an application for a modification to the approved conditional use permit, subject to planning commission review, may be substituted for a new conditional use permit).

D.

Peer review. The city manager is authorized to retain on behalf of the city an independent technical expert to peer review any application for a wireless telecommunications facility permit if reasonably necessary, as determined by the city manager. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall address all of the following:

1.

Compliance with applicable radio frequency emission standards;

2.

Whether any requested exception is necessary to close a significant gap in coverage, increase network capacity, or maintain service quality and is the least intrusive means of doing so;

3.

The accuracy and completeness of submissions;

4.

Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

5.

The applicability of analysis techniques and methodologies;

6.

The validity of conclusions reached;

7.

The compatibility of any required architectural screening;

8.

Technical data submitted by the applicant to justify the proposed height of any new installation including monopoles or roof/building-mounted sites; and

9.

Any specific technical issues designated by the city.

E.

Appeals. All appeals shall be in accordance with Chapter 17.140 (Hearings and Appeals).

F.

Revocation. The planning commission may, after a duly noticed public hearing, revoke, modify or suspend any wireless telecommunications permit on any one (1) or more of the following grounds:

1.

That the wireless telecommunications permit was obtained by fraud or misrepresentation;

2.

That the wireless telecommunications permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or

3.

That the use permitted by the wireless telecommunications permit is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.

G.

Findings. A conditional use permit, site plan review, or modification for a wireless telecommunications facility or co-location facility may be granted only if the following findings are made by the designated reviewing authority, in addition to any findings applicable under Chapter 17.88 (Use Permits and Variances):

1.

The proposed wireless telecommunications facility has been designed to achieve compatibility with the community to the maximum extent reasonably feasible;

2.

An alternative configuration will not increase community compatibility or is not reasonably feasible;

3.

The location of the wireless telecommunications facility on alternative sites will not increase community compatibility or is not reasonably feasible;

4.

The proposed facility is necessary to close a significant gap in coverage, increase network capacity, or maintain service quality, and is the least intrusive means of doing so;

5.

The applicant has submitted a statement of its willingness to allow other wireless service providers to colocate on the proposed wireless telecommunications facility wherever technically and economically feasible

and where co-location would not harm community compatibility; and

6.

Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare.

H.

Transfer or Change of Ownership/Operator. Upon assignment or transfer of an already approved wireless telecommunications facility or any rights under that permit, the owner and/or current operator of the facility shall within thirty (30) days of such assignment or transfer provide written notification to the city manager of the date of the transfer and the identity of the transferee. The city manager may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a state-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the FTC and the CPUC. If the city manager determines that the proposed operation is not consistent with the existing permit, the city manager or designee shall notify the applicant who may revise the application or apply for modification of the permit pursuant to the requirements of this chapter.

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

Chapter 17.124 - REASONABLE ACCOMMODATIONS

Sections:

It is the policy of the city, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures of the city to comply fully with the intent and purpose of fair housing laws.

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

A.

The city council finds that the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

B.

The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities.

C.

A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning, and building regulations, policies, practices, and procedures will further the city's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

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

A.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

B.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

C.

A request for reasonable accommodation may be made by any individual(s) with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

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

17.124.040 - Notice to the public of availability of accommodation process.

Notice of the availability of reasonable accommodation shall be prominently displayed at city hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public at city hall.

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

17.124.050 - Requesting reasonable accommodation.

A.

In order to make housing available to an individual with a disability, any eligible person as defined in Section 17.124.030 (Applicability) may request a reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures.

B.

Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name and address of the individual(s) requesting reasonable accommodation;

2.

Name and address of the property owner(s);

3.

Address of the property for which accommodation is requested;

4.

Description of the requested accommodation and the regulation(s), policy, or procedure for which accommodation is sought; and

5.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

C.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

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

17.124.060 - Reviewing authority.

A.

Where no approval is sought other than the request for reasonable accommodation, requests shall be reviewed by the city manager or their designee using the criteria set forth in Section 17.124.070 (Required findings).

1.

The city manager or their designee shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 17.124.070.

2.

If necessary to reach a determination on the request for reasonable accommodation, the city manager or their designee may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30)-day period to issue a decision is stayed until the applicant responds to the request.

B.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

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

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

B.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

C.

Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

D.

Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

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

17.124.080 - Written decision on the request for reasonable accommodation.

A.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in Section 17.124.070 (Required findings). All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

B.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the planning commission or city council in compliance with Chapter 17.136 (Hearings and Appeals).

C.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty-day time period allotted by Section 17.124.060 (Reviewing authority), the request shall be deemed granted.

D.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

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

17.124.090 - Appeals

A.

Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B.

If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

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

Chapter 17.128 - RESIDENTIAL DENSITY BONUSES

Sections:

The purpose of this chapter is to facilitate the development of affordable housing consistent with the goals, policies, and programs of the housing element and to provide incentives for the development of housing for very low-, low-, and moderate-income, special needs, and senior households in accordance with Government Code Sections 65915-65918.

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

17.128.020 - Definitions.

A.

Terms Defined. Terms used in this chapter are defined as follows:

1.

"Base project" means the maximum allowable residential density on a housing development site pursuant to the applicable zoning district.

2.

"Density bonus units" means those residential units, floor area, rental beds, or bedrooms added to the base project pursuant to the provisions of Government Code Section 65915 and this chapter.

3.

"Eligible housing development" means as defined in Government Code Section 65917.2.

4.

"Housing development" means as defined in Government Code Section 65915(i).

5.

"Incentive and concession" mean an incentive or a concession as the terms are used in Government Code Section 65915 and in particular as defined in Section 65915(k) thereof. The city may request reasonable documentation from the applicant to support the request.

6.

"Qualifying unit" means a unit that is provided at a below market-rate rent or sales price as set forth in Government Code Section 65915 to receive a density bonus and/or waivers and reductions and/or incentives and concessions.

7.

"Waiver and reduction" means a waiver or a reduction as the terms are used in Government Code Section 65915 and in particular in Section 65915(e) thereof, including any and all changes to or exemptions from physical lot development standards that are required to avoid precluding the construction of a housing development with density bonus units, as set forth in Section 65915(e). The city may request reasonable documentation from the applicant to support the request.

B.

Terms Not Defined. Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law.

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

17.128.030 - Application requirements.

In addition to any other information required by this title, an application for a density bonus must include the following information:

A.

A description of how the proposed project will satisfy the eligibility requirements of Government Code Section 65915 or 65917.2.

B.

The requested density bonus pursuant to Section 17.128.040 (Density bonus calculations and procedures).

C.

Any waivers and reductions that are sought under Government Code Section 65915(e) that would be required to accommodate the housing development including the density bonus units.

D.

Any incentives and concessions that are sought under Government Code Section 65915(d) accompanied by documentation of resulting cost reductions to provide for affordable housing costs.

E.

Any requested additional bonus units under Government Code Section 65915(n).

F.

Any requested parking reductions under Government Code Section 65915(p).

G.

Whether the applicant elects to receive a density bonus that is less than that mandated by Government Code Section 65915, including a density bonus of zero. In such cases, the applicant retains their entitlement to incentives and concessions.

H.

Documentation of how a project complies with regulations regarding replacement units as described in Government Code Section 65915(c)(3).

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

17.128.040 - Density bonus calculations and procedures.

A.

Calculation. Density bonuses must be calculated as set forth in Government Code Sections 65915 and 65917.2.

B.

Procedures. Density bonus requests must accompany housing development permit applications and will be decided upon concurrent with the underlying permit for the project.

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

A.

Calculation. For purposes of this chapter, the number of incentives and concessions are counted as follows:

1.

Any incentive and concession that would otherwise require discretionary approval by the planning commission or city council of any single dimensional lot development standard, such as height or setbacks, or any single quantitative lot development standard, such as parking or open space, counts as one (1).

2.

A proposed incentive and concession that would involve exceedance of a single physical lot development standard counts as one (1) even if that exceedance would otherwise require more than one (1) permit (e.g., extra height may require permits for height, floor area ratio, and/or number of stories but would count as one (1) incentive and concession for height).

3.

Where it is ambiguous as to whether a proposed incentive and concession involves one (1) or more dimensional or quantitative lot development standards, the stricter interpretation applies, as determined by the review authority.

B.

Procedural Requirements.

1.

The city shall grant incentives and concession unless findings are made as set forth in Government Code Section 65915(d)(1).

2.

The city is not required to deny a proposed incentive and concession solely because it can make a finding under Government Code Section 65915(d)(1).

3.

The city bears the burden of proof for the denial of a requested incentive and concession.

4.

Unless denied under Government Code Section 65915, incentives and concessions are exempt from

discretionary review of permits under this title, and by law do not modify the CEQA review status of a project.

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

17.128.060 - Waivers and reductions.

A.

Proposal. An applicant may submit to the city a proposal for waivers and reductions of development standards that physically prevent construction of a housing development and density bonus units meeting the criteria of Government Code Section 65915(b).

B.

Negotiated Process. The city may negotiate changes to the requested waivers and reductions as part of the use permit and objective design review process, in coordination with the applicant, to address aspects of the project that may be of concern in the community or inconsistent with overarching principles of the general plan, zoning ordinance, and objective design guidelines.

C.

Denial. The city may deny waivers and reductions for the reasons set forth in Government Code Section 65915(e)(1).

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

Qualifying units must meet the following standards:

A.

Recipient Requirement.

1.

All qualifying units other than those in limited equity cooperatives shall be sold or rented to:

a.

Very low-income households, low-income households, or lower-income households; or

b.

The city or its designee.

2.

Qualifying units in limited equity cooperatives shall be sold or rented to households whose gross incomes do not exceed one hundred twenty (120) percent of the median household income.

B.

Agreement. The applicant shall execute a written agreement with the city indicating the number, type, location, approximate size, and construction schedule of all dwelling units and other information as required to determine compliance with this chapter.

C.

Timing. All qualifying units in a project and phases of a project shall be constructed concurrently with, or before, the construction of non-qualifying units.

D.

Criteria. All qualifying units shall be:

1.

Reasonably dispersed throughout the project;

2.

Of the same size and contain, on average, the same number of bedrooms as the non-qualifying units in the project; and

Comparable with the design or use of non-qualifying units in terms of appearance, materials, and finish quality.

E.

In-Lieu Fee Requirement. In projects where calculating the unit requirement results in a fraction of a unit, the fraction shall be paid in the form of an in-lieu fee to the city.

1.

Where Government Code Section 65915 does not apply, the in-lieu fee shall be the fractional value of the difference between development cost (excluding marketing costs and profit) and actual sales price for the average comparable unit in projects.

2.

Where Government Code Section 65915 does apply, the in-lieu fee shall be the difference between affordable cost for an appropriately sized household and the fractional value of the average comparable actual sales price for the fraction of the unit in projects to require a density bonus or equivalent incentive.

F.

Use of In-Lieu Fees.

1.

The in-lieu fee shall be used by the city or its designee, such as a non-profit housing development corporation, to provide, construct, or promote the creation or retention of low-income housing in the city.

2.

The use of in-lieu fees for specific housing programs shall be brought before the city council for review and approval.

G.

Exceptions. Where the applicant shows, and the city agrees, that the direct construction and financing costs of the qualifying units, excluding marketing cost, profit, and land costs, exceeds the sales prices allowed for qualifying units by this chapter, the city council may approve one (1) or more of the following measures to reduce costs or increase profitability:

1.

Reduce the floor area or the interior amenities of the qualifying units, provided that such units conform to applicable building and housing codes.

2.

Increase the number of bedrooms in the qualifying units.

Waive the in-lieu fees for fractions of units.

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

Before issuance of a certificate of occupancy for a housing development that has received a density bonus, the applicant must enter into a regulatory agreement in a form provided by the city that implements Government Code Sections 65915-65918 and this chapter.

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

Chapter 17.132 - OBJECTIVE DESIGN STANDARDS

Sections:

The objective design standards set forth in this chapter supplement the development standards in this title and serve as minimum requirements for multifamily residential development and mixed-use development that contains residential uses.

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

These standards are mandatory for any qualifying residential project that requests streamlined processing and ministerial approval pursuant to state law provisions that reference objective design standards. Qualifying residential projects are those that comply with Government Code Section 65913.4(a).

Section 65913.4(a)(2)(C) provides that Section 65913.4 applies to areas within a jurisdiction that are zoned for residential use or residential mixed-use development or have a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two-thirds of the square footage of the development is designated for residential use. As such, these objective design standards apply to developments meeting these requirements within the following zoning districts: R-1, R-2, R-3, MU-1, MU-2, MU-3 and T-C. Section 65913.4(a)(1) defines a multifamily development as a development that contains two (2) or more residential units.

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

The city manager or their designee shall use the objective design standards set forth in this chapter to approve developments that meet all of the criteria set forth in Government Code Section 65913.4.

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

A.

Site Standards.

1.

Street connectivity.

a.

External Connectivity. Streets within any proposed subdivision or development site shall be aligned with existing and planned streets in adjacent neighborhoods so as to create a continuous street pattern. All streets, alleys, and pedestrian pathways in any subdivision or development site shall connect to other streets and to existing and planned streets outside the proposed subdivision or development.

b.

Internal connectivity. New streets must form a continuous and linked vehicular and pedestrian network within the development.

c.

Cul-de-sacs and dead-end streets. Any cul-de-sac or other dead-end street longer than three hundred (300) feet shall be connected to other streets by a pedestrian path.

d.

No gates/barriers. Automobile and pedestrian access points into multifamily residential developments shall not be gated or closed off to the public.

e.

Block length/mid-block pedestrian connections. Blocks shall not exceed six hundred (600) feet in length, measured from street centerline to street centerline, unless mid-block pedestrian connections are provided at intervals of no more than three hundred fifty (350) feet apart. Such pedestrian connections shall include a walkway at least ten (10) feet wide.

2.

Parking required.

a.

Pursuant to Government Code Section 65913.4(e), no parking shall be required for those developments located within one-half mile of public transit or within a designated historic district.

b.

Pursuant to Government Code Section 65913.4(e), the maximum required parking shall be one (1) space per dwelling unit. A carport or enclosed garage is optional.

Parking location, design, and access.

a.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Barriers shall be provided where deemed necessary by the city to protect property.

b.

Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the city engineer.

c.

The parking area, aisles, and access drives shall be constructed with a minimum of six (6)-inch base and a double chip and seal to provide a durable, dustless surface, and shall be graded and drained to dispose of surface water, with the design and specifications for such work approved by the city engineer.

d.

The use of cluster parking spaces into small parking areas, dispersed around the site, to avoid large paved expanses is required.

e.

All parking lots shall include appropriately striped spaces for standard and compact cars as well as accessible spaces.

f.

No parking is allowed in setback areas along project boundaries.

g.

A separation of pedestrian and automobile traffic paths is required to minimize conflict areas for safety.

h.

Walkways to connect parking lots to building entrances shall be provided. Landscaping, lighting, and paving shall be used to define walkways.

4.

Parking lot lighting.

a.

Light fixture design shall be compatible with the design and the use of the principal structure on the site. Light fixtures shall be equipped with appropriate reflectors and shielded to prevent illumination of the adjacent properties.

b.

Incorporate placement of light fixtures into the landscape scheme of the project. Show location and type of all exterior lights on the landscape plans.

c.

Height of any light poles shall be appropriate for the project and surrounding environment. Height of the light poles shall not exceed that of the main building.

d.

Use bollard type luminaries, maximum of eight (8) feet high for pedestrian areas.

e.

Shield light sources to prevent any glare or direct illumination on public streets, adjacent properties, or highways.

f.

All area lights shall be energy efficient type (LED, High Pressure Sodium, or equivalent).

g.

All on-site pedestrian and automobile traffic areas shall be illuminated for safety and security.

5.

Onsite open space and outdoor recreation areas.

a.

On each multifamily development of five (5) units or more, the open space requirements pursuant to Section 17.92.090 (Open space requirements for multifamily developments) shall be met.

b.

In addition to those standards in Section 17.92.090, any multifamily project of fifteen (15) or more units shall provide a recreation area that complies with the following:

i.

A defined and fenced recreation area which may include fixed play equipment, pools, ball courts, and similar facilities.

ii.

The recreation area shall not be less than five hundred (500) square feet, or twenty-five (25) square feet per dwelling unit, whichever is greater.

iii.

The recreation area shall be visible from more than one (1) dwelling unit within the project.

iv.

The recreation area shall be protected from any adjacent streets or parking lots with a fence or other barrier at least four (4) feet in height.

c.

Exemptions. The recreation area requirement shall not apply to any development that is:

i.

Located within five hundred (500) feet of a public park; or

ii.

Age-restricted to senior citizens.

d.

For minimum setback requirements, refer to the zoning district.

6.

Landscaping.

a.

At a minimum, the following landscaping is required:

i.

All areas not occupied by parking, driveways, pedestrian walkways, recreation areas, buildings, structures, and hardscape shall be landscaped.

ii.

The required front yard shall be landscaped and not used for parking. The only area not landscaped within the required front yard is the driveway access to the required parking area, which shall not exceed twentyfive (25) feet in width.

iii.

Landscaping within the front setback area shall include one (1) fifteen (15)-gallon size tree for each fifty (50) feet of frontage, and at least one (1) one (1)-gallon sized shrub for each five (5) feet of frontage.

iv.

In addition to the required trees and shrubs, the landscaped area may also be planted with lawn or ground cover plants. Other decorative, non-plant ground covers may be used as long as they do not exceed twenty-five (25) percent of the landscaped area.

v.

Parking lot landscaping shall be provided to enhance sites and building parking areas in compliance with subsection C of Section 17.76.090 (Design, construction, and maintenance standards).

vi.

Where landscaping is provided, adequate irrigation and maintenance thereof shall be provided, including replacement of dead trees, shrubs, vines or other ground cover required pursuant to this section.

7.

Fencing.

a.

All fences shall comply with Section 17.92.120 (Fences, walls, hedges, and screen planting).

b.

Any perimeter fencing utilized along a public street shall be constructed of decorative iron, pre-painted welded steel, or wood picket material.

c.

Fences and walls shall be compatible in style and material with the main structures on a site.

d.

To avoid the monotony of long, solid walls and fences around the perimeter of projects, variation in height and depth is encouraged.

e.

Barbed wire and chain link fencing is prohibited.

f.

Fences and walls used for noise control shall be made of materials most suited for noise reduction and which minimize reflective sound.

g.

Security fencing and gates shall be of an open type to allow for maximum visibility of the secured area. Wrought iron and cast-iron fences are recommended for security fences and gates for all uses.

8.

Refuse containers. Provide dumpsters for garbage collection and containers for recycling within a screened enclosure design specifically for that use pursuant to Section 17.92.220 (Trash and recycling enclosures).

B.

Building Design Standards.

1.

Building mass and articulation.

a.

Building length. Buildings shall not be less than twenty (20) feet or exceed two hundred (200) feet in width or length on any side.

b.

Facade articulation. All building facades that face or will be visible from a public street shall include one (1) or more of the following treatments.

i.

Exterior building walls shall vary in depth through a pattern of offsets, recesses, or projections.

ii.

The building height shall be varied so that a portion of the building has a noticeable change in height; or roof forms are varied over different portions of the building through changes in pitch, plane, and orientation.

iii.

The building facades shall incorporate details such as window trim, window recesses, cornices, belt courses, and other design elements.

c.

Maximum building height. As established for the zoning district in which the development is located.

d.

Vertical articulation for tall buildings. In buildings of three (3) or more stories, upper and lower stories shall be distinguished by incorporating one (1) or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.

i.

A change in facade materials, along with a change in plane at least one (1) inch in depth at the transition between the materials.

ii.

A horizontal design feature such as a water table, belt course, or belly band.

iii.

A base treatment at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the facade and projecting at least one (1) inch from the wall surface of the remainder of the building.

iv.

Setting back the top floor(s) of the building at least five (5) feet from the remainder of the facade.

e.

Facade transparency/limitation on blank walls. At least twenty (20) percent of the area of each street-facing facade of a residential building must consist of windows, doors, or other openings. No wall that faces a sidewalk, pedestrian walkway, or publicly accessible outdoor space shall run in a continuous plane of more than thirty (30) feet without a window, door, or other opening.

2.

Roofline.

a.

Minimum roof slope: 3:12.

b.

Minimum roof eave overhang. Twelve (12) inches.

3.

Exterior theme.

a.

Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.

b.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

4.

Screening. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the street. Equipment to be screened includes, but is not

limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow prevention devices, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building.

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