Chapter 17.40 — VARIANCES

In cases where because of the particular size, shape, topography, location, or surroundings of any lot or parcel, or where because of the physical condition of any lot or parcel with respect to trees or natural obstacles, a strict adherence to any requirement of this title is impractical or difficult to fulfill, the requirement may be modified by the city council by granting variance.

(Ord. 639 § 21 (part), 2003)

• A. The property owner seeking the variance shall submit an application on the prescribed form and with the prescribed attachments to the planning office, together with the fee in the amount determined from time to time by resolution of the city council.

• B. The variance request shall be set for public hearing before the city council.

• C. Notice of the public hearing shall be given as set forth in Chapter 1.20 for Type A notices.

• D. The city council shall grant the requested variance in whole or in part, conditionally or unconditionally, only if, from the facts presented with the application or established at the public hearing or determined by investigation, the city council makes both of the following findings:

  1. That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity. (Personal, family, or financial difficulties, loss of prospective profits, and neighboring violations or neighboring preexisting nonconforming uses of facilities are not circumstances justifying a variance.)

  2. That if granted, the variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity.

• E. Once the city council has granted a variance, the property owner shall apply for design review approval as set forth in Chapter 2.12 and as consistent with the variance granted.

(Ord. 639 § 21 (part), 2003)

• 17.40.030 - Deadline for use of variance—Lapse.

A variance shall be valid for so long as the requirement to which the variance applies is not amended in any way. If, however, the requirement is modified by an amendment to this code and no building permit based on the variance has been granted before the effective date of the code amendment, the variance shall lapse as of the effective date of the code amendment.

(Ord. 639 § 21 (part), 2003)

Variances involving floodplain issues shall be governed by Section 15.44.050 in addition to this chapter. In the event of a conflict, the provisions of Section 15.44.050 shall control.

(Ord. 639 § 21 (part), 2003)

Chapter 17.42 - REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACTS

Housing that is accessible to people with disabilities has been identified as a special housing need in the town's housing element adopted in 2002, specifically Program 4-A2. The purpose of this chapter, therefore, is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation under the federal Fair Housing Amendments Act of 1988 (42 USCS 3601 et seq.) and the state Fair Employment and Housing Act (California Government Code Section 12900 et seq.) ("the Acts") in the application of the town's zoning and other land use laws, regulations, rules, standards, policies, procedures, and practices (hereafter "Land Use Rules"). The further purpose of this chapter is to establish relevant criteria for considering such requests.

(Ord. 648 § 10, 2003)

A person with a disability (meaning a person with a "disability" as defined under the state Fair Employment and Housing Act or a person with a "handicap" as defined under the federal Fair Housing Amendments Act of 1988), that person's representative, or any entity may request reasonable accommodation when the application of a Land Use Rule acts as a barrier to fair housing opportunities. A request for reasonable accommodation may include a request for modification or exception to the Land Use Rules for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of that person's choice.

(Ord. 648 § 10, 2003)

• A. Requests for reasonable accommodation shall be submitted by letter to the city planner and shall describe the requested accommodation and contain the following information:

  - (1) Name, address, and telephone number of the person or entity making the request. 
  
  - (2) Address of the property for which the request is being made. 
  
  - (3) Current actual use of the property. 
  
  - (4) Basis for the claim that the individual is a person with a disability under the Acts. 
  
  - (5) Land Use Rule regarding which reasonable accommodation is being requested. 
  

  • B. No fee shall be required for submitting a letter of request under this chapter or filing an appeal under Section 17.42.050.

• (Ord. 648 § 10, 2003)

• A. The city planner shall review the request and make a written determination within forty-five days after receipt of the request. The written determination shall be consistent with the requirements of the Acts and shall at a minimum address the factors set forth in paragraph C below.

• B. The city planner may grant, grant with modifications, or deny the request. In granting the request or granting the request with modifications, the city planner may impose any conditions of approval that the city planner deems reasonable and necessary to ensure that the reasonable accommodation is consistent with the factors set forth in subsection (C) below.

• C. The city planner's decision shall be based on consideration of the following factors:

  • (1) Whether the housing that is the subject of the request will be used by an individual with a disability under the Acts.

  • (2) Whether the requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

  • (3) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the town.

  • (4) Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a town program or law, including, but not limited to, land use and zoning.

  • (5) The physical attributes of the property and the structures on the property.

  • (6) The potential impact of the requested reasonable accommodation on surrounding properties.

  • (7) Alternative reasonable accommodation on the property.

(Ord. 648 § 10, 2003)

The person or entity that requested the reasonable accommodation may appeal the city planner's denial of the request or may appeal the conditions or modifications imposed by the city planner on the grant of the request. The appeal shall be submitted to the city planner in writing within fifteen days after the date of the city planner's decision. The appeal shall be heard by the city council in a public hearing noticed pursuant to Chapter 1.20 using a type B public notice.

(Ord. 648 § 10, 2003)

This chapter shall be interpreted and applied in accordance with the Acts; nothing in this chapter shall be deemed to create greater rights than exist under the Acts.

(Ord. 648 § 10, 2003)

Chapter 17.44 - GARAGE AND ESTATE SALES

Every person desiring to hold a garage or estate sale ("sale") of such person's household and/or personal goods shall conduct the sale in such a manner as to avoid disturbing the surrounding neighborhood, shall confine the location of the sale to such person's real property, and shall not place or sell any goods or locate any advertising for such goods upon adjoining property or upon the public street or right-of-way.

(Ord. 639 § 23 (part), 2003: Ord. 589 § 1 (part), 1999)

Signs advertising the sale may be posted on such person's real property and no where else in town.

(Ord. 639 § 23 (part), 2003: Ord. 589 § 1 (part), 1999)

Any sale shall be conducted solely between the hours of eight a.m. and five p.m., either for one day or for two consecutive days. There shall be no more than three sales per year at any one address, parcel, or residence, and at least two months shall elapse between one sale and the next.

(Ord. 639 § 23 (part), 2003: Ord. 589 § 1 (part), 1999)

The goods offered for sale at the sale shall belong solely to the occupants of the residence at which the sale is being held and shall have been goods used at such residence solely for the household and personal purposes of such occupants. The goods offered for sale shall not include commercial or other merchandise that has been stored or located at another site and brought to the residence for the purpose of the sale, whether or not such merchandise belongs to the occupants of the residence at which the sale is being held.

(Ord. 639 § 23 (part), 2003: Ord. 589 § 1 (part), 1999)

Chapter 17.48 - SIGNS*

For the purpose of this chapter, "sign" means any card, banner, handbill, poster, advertisement, display, advertising structure or device, or notice of any kind bearing any name or word or text, or any figure or symbol or character representing a verbal message, or any combination thereof or any other thing of a similar nature intended or designed to convey a meaning and includes all parts, portions, and materials comprising the same; provided, however, that "sign" shall not include a flag permitted under Section 12.12.050(H) or a street address (street name and/or numbers) indicated by means of letters and/or numbers painted onto or affixed to a building or other structure or outdoor fixture in a manner intended as a permanent indication of the street address of the real property on which the building or other structure is located.

(Ord. 639 § 24 (part), 2003)

It is unlawful for any person, organization, or other entity to paste, print, post, nail, tack, otherwise fasten, erect, construct, or maintain (collectively "post") any sign or cause the same to be posted anywhere in the town except as permitted under this chapter or except as allowed by overriding state or federal law.

(Ord. 639 § 24 (part), 2003)

17.48.030 - Certain signs allowed.

• A. A public officer or employee or representative of the town in the performance of a public duty may post a sign on a public place.

  • B. Any person, organization, or other entity may post a sign on a public place or on private property (with permission of the private property owner or occupant, as appropriate) under the following circumstances:

    1. As may be required to protect the public from hazards (for example, safety barricades or caution tapes);

    2. As required by local, state, or federal law, including, but not limited to, conditions of approval imposed by the town with respect to any matter requiring town approval;

    3. As authorized by overriding state or federal law;

    4. As authorized under Chapter 10.80 regarding large event traffic control;

    5. As authorized under Section 17.44.020 regarding garage and estate sales;

    6. As authorized under Section 5.16.040 regarding fundraising events;

    7. To advertise real property for sale, for lease, or for rent, such sign to be subject to the restrictions set forth in Section 17.48.040;

    8. To identify the building contractor(s) (including, without limitation, a painting, landscape, and other contractor who customarily performs construction, painting, landscape installation, and/or renovation work) working at the site, such sign to be subject to the restrictions set forth in Section 17.48.040; and

    9. To provide a temporary indication of street address to facilitate delivery of building materials, etc., to a construction site; provided, however, that such temporary street address sign shall be removed no later than one year after the date on which the building permit was originally issued.

  • C. Owners or occupants of residential property may post signs upon the property advising that no trespassing, no soliciting, no dogs, or no similar activity is allowed on the property. Owners or occupants of residential property may also post signs advising of the presence of burglar alarm protection. The total area of all signs described in this subsection and posted in windows and/or doors on the residential property shall not exceed one hundred square inches. Signs described in this subsection and posted elsewhere on the residential property (other than in windows and doors) shall not exceed one hundred eighty square inches per sign and shall be limited to no more than one sign per one hundred linear feet of frontage.

• (Ord. 639 § 24 (part), 2003)

Each real estate company and each contractor allowed to post a sign as set forth in Section 17.48.030(B) (7) and (8) shall be limited to one sign per property, which sign shall be no larger than twelve inches by fifteen inches outside dimensions and shall consist only of black letters, symbols, or artwork on a white

background, setting forth the name, address, phone number, and logo of the contractor or the person and firm, and, where applicable, the words "for sale," "for rent," or "for lease". Contractors' signs shall be posted no sooner than the issuance of the applicable building permit site and shall be removed no later than one week following substantial completion of the work by the contractor. Real estate signs may be posted once the owner has decided to offer the property for sale, rent, or lease and shall be removed no later than one week after such transaction has been completed or the effort abandoned or the listing expired, as the case may be.

(Ord. 639 § 24 (part), 2003)

Fundraising event signs are governed by the provisions of Section 5.16.040(F).

(Ord. 639 § 24 (part), 2003)

Notwithstanding any provision of this chapter to the contrary, nothing in this chapter shall be deemed to prohibit political campaign signs to a greater extent than allowed by applicable state or federal law.

(Ord. 639 § 24 (part), 2003)

Except as provided in Section 17.48.070 A. and B., private schools may not post signs on campus.

• A. Private schools may post signs on campus that are not prominently visible from the street.

• B. Private schools may post one sign per year promoting a fundraising event that is visible from the street subject to compliance with the following requirements:

  1. The general public is invited to attend the event;

  2. The school obtains a permit for the fundraising event pursuant to Section 5.16.040; and

  3. A banner sign must be no larger than four feet in height and eight feet in length and may not be posted sooner than three weeks prior to the event and must be removed within one week following the event.

(Ord. No. 710, § 1, 11-12-2013)

Chapter 17.52 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

Footnotes: --- ( 5 ) ---

Editor's note— Ord. No. 800, § 4(Exh. A), adopted April 13, 2026, repealed Ch. 17.52 and enacted a new Ch. 17.52 as set out herein and as may later be amended. Former Ch. 17.52 pertained to similar subject matter and derived from Ord. No. 763, adopted January 13, 2020; Ord. No. 768, adopted March 8, 2021; Ord. No. 775, adopted November 22, 2021; Ord. No. 777, adopted December 13, 2021; Ord. No. 778, adopted December 13, 2021; Ord. No. 787, adopted December 12, 2022; and Ord. No. 796, adopted December 9, 2024.

As used in this chapter, terms are defined as follows:

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. All references in this code to "second unit" refer to an ADU. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities" means 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.

"Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than five hundred square feet of interior livable space in size.

2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined above.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping,

eating, cooking, or sanitation.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 800, § 4(Exh. A), 4-13-2026)

17.52.020 - General provisions.

• A. Purpose. The purpose of this section is to allow and regulate ADUs and JADUs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

• B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

  1. Deemed to be inconsistent with the town's general plan and zoning designation for the lot on which the ADU or JADU is located.

  2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

  3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

  4. Required to correct a nonconforming zoning condition. This does not prevent the town from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

• C. Approvals. The following approvals apply to ADUs and JADUs created under this section:

  1. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection C.3. below.

2. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the town's ADU ordinance. The ADUpermit processing fee is determined by the director of community development and approved by the city council by resolution.

3. Process and Timing.

   • a. Completeness.

     • (1) Determination in Fifteen Days. The town will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within fifteen business days after the town receives the application submittal.

     • (2) Incomplete Items. If the town's determination under subsection (1) above is that the application is incomplete, the town's notice must list the incomplete items and describe how the application can be made complete.

     • (3) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the town to be incomplete.

     • (4) Subsequent Submittals. If the applicant submits additional information to address incomplete items, within fifteen business days of the subsequent submittal the town will determine in writing whether the additional information remedies all the incomplete items that the town identified in its original notice. The town may not require the application to include an item that was not included in the original notice.

     • (5) Deemed Complete. If the town does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection c. below.

• (6) Appeal of Incompleteness. An applicant may appeal the town's determination that the application is incomplete by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within sixty business days after receipt of the appeal.

  • b. No Discretion or Hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

  • c. Deadline to Approve or Deny Ministerial Approvals. The town must approve or deny an application to create an ADU or JADU within sixty days from the date that the town receives a complete application. If the town has not approved or denied the complete application within sixty days, the application is deemed approved unless either:

    • (1) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay; or

      • (2) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the town may delay acting on the permit application for the ADU or JADU until the town acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

    • d. Denial. If the town denies an application to create an ADU or JADU, the town must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by subsection c. above.

    • e. Appeal of Denial. An applicant may appeal the town's denial of the application by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within sixty business days after receipt of the appeal.

    • f. Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

• D. Classes.

  1. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in subsection E. below, it is allowed in each of the scenarios provided in this subsection D.1. An ADU and JADU approved under subsection D.1.a. may be combined with and ADU approved under subsection D.1.b., and ADUs approved under subsection D.1.c. may be combined with ADUs approved under subsection D.1.d.

     • a. Converted on Lot with Single-Family. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

• (1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure. Expansions of all existing spaces up to one hundred fifty additional square feet are allowed, and may utilize reduced ADU setbacks, if the expansion is limited to accommodating ingress and egress.

     - (2) Has exterior access that is independent of that for the single-family dwelling. 
  
     - (3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 
  
     - (4) The JADU complies with the requirements of Government Code Sections 66333 through 66339. 
  
  - b. Limited Detached on Lot with Single-Family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations: 
  
     - (1) The side- and rear-yard setbacks are at least four feet. 
  
     - (2) The total floor area is eight hundred square feet of livable space or smaller. 
  
     - (3) The peak height above grade does not exceed the applicable height limit in subsection E.2. below. 
  
  - c. Converted on Lot with Multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c., at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units. 
  
  - d. Limited Detached on Lot with Multifamily. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following: 
  
     - (1) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the town will not require any modification to the multifamily dwelling as a condition of approving the ADU. 
  
     - (2) The peak height above grade does not exceed the applicable height limit provided in subsection E.2. below. 
  
     - (3) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. 
  

  2. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314—66322. Except for class 1 ADUs approved under subsection D.1. above, all ADUs are subject to the standards set forth in [subsection E. below].

• E. General Requirements. The following requirements apply to all class 1 and class 2 ADUs and JADUs:

  1. Zoning.

     • a. A class 1 ADU approved under subsection D.1. above may be created on a lot in a residential or mixed-use zone.

b.

A class 2 ADU approved under subsection D.2. above may be created on a lot that is zoned to allow singlefamily dwelling residential use or multifamily dwelling residential use.

• c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

   • a. Detached.

     • (1) Except as otherwise provided [below], a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen feet in height.

     • (2) A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

     • (3) The height of a detached ADU that is at least twenty feet from side and rear property lines, and at least twenty-five feet from all public rights-of-way, may be up to twentytwo feet in height.

     • (4) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

   • b. Attached. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.

   • c. For purposes of this subsection, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. Existing legal grade means the legally established grade that exists at the time that an application is submitted.

3. Fire Sprinklers.

   • a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

   • b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term.

   • a. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

   • b. The renting of the primary dwelling, ADU, or JADU is not considered a business and is not subject to the provisions of Chapter 5.04.

5. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

7. Owner Occupancy.

   • a. ADUs. ADUs are not subject to an owner-occupancy requirement.

   • b. JADUs.

     • (1) Generally. As required by state law, JADUs are generally subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

     • (2) Exceptions. The owner-occupancy requirement in this subsection E.7.b. does not apply in either of the following situations:

       • i. The JADU has separate sanitation facilities (i.e. does not share sanitation facilities with the existing primary dwelling unit structure).

       • ii. The property is entirely owned by another governmental agency, land trust, or housing organization.

8. JADU Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the building and planning department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the town and must provide that:

   • a. The JADU may not be sold separately from the primary dwelling.

   • b. The JADU is restricted to the approved size and to other attributes allowed by this section.

   • c. The deed restriction runs with the land and may be enforced against future property owners.

d.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the building and planning department, providing evidence that the JADU has in fact been eliminated. The building and planning department may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the building and planning department's determination consistent with the other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

• e. The deed restriction is enforceable by the director of building and planning or his or her designee for the benefit of the town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the town is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

signee for the benefit of the town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the town is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Rent Reporting. In order to facilitate the town's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:

   • a. With the building permit application, the applicant must provide the town with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

   • b. Within ninety days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the town does not receive the report within the ninety-day period, the owner is in violation of this code, and the town may send the owner a notice of violation and allow the owner another thirty days to submit the report. If the owner fails to submit the report within the thirty-day period, the town may enforce this provision in accordance with applicable law.

   • c. This requirement shall not be the basis for the delay or denial of an ADU application.

10. Building and Safety.

• a. Must Comply with Building Code. Subject to subsection E.9.b. below, all ADUs and JADUs must comply with all local building and fire code requirements.

• b. No Change of Occupancy. Construction of an ADU does not constitute a group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b. prevents

the town from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

11. Structures and Equipment within Setbacks. No structures or mechanical equipment may be located within the ADU setback area.

12. Certificate of Occupancy Timing.

  - a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. 

  - b. Limited Exception for State-declared Emergencies. Notwithstanding subsection a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met: 

     - (1) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. 

     - (2) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

• (3) The ADU has been issued construction permits and has passed all required inspections.

     - (4) The ADU is not attached to the primary dwelling. 
  
  - c. Local Exception for detached ADUs. Notwithstanding subsection E.12.a. above, a sixmonth temporary certificate of occupancy for a detached ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met: 
  
     - (1) The ADU has been issued construction permits and has passed all required inspections. 
  
     - (2) The ADU is not attached to the primary dwelling. 
  

• F. Class 2 ADU Requirements. The following requirements apply only to class 2 ADUs approved under subsection D.2. above. This subsection F. does not apply to class 1 ADUs or JADUs approved under subsection D.1. above.

  1. Maximum Size.

     • a. The maximum size of a detached or attached ADU subject to this subsection F. is as follows:

       • (1) Eight hundred fifty square feet of livable interior space for a studio or one-bedroom unit; and

       • (2) One thousand square feet of interior livable space for any unit with two or more bedrooms.

  • b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling.

  • c. Application of other development standards in this subsection F., such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b. above or of an FAR, front setback, lot coverage limit, or openspace requirement may require the ADU have less than eight hundred square feet of interior livable space.

2. Setbacks.

   • a. Side and Rear. ADUs that are subject to this subsection F. must conform to four-foot side and rear setbacks.

   • b. Front. ADUs that are subject to this subsection F. must conform to twenty-foot front setbacks, notwithstanding subsection F.1.c. above.

   • c. No setback is required for an ADU that is subject to this subsection F. if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage. Notwithstanding subsection F.1.c. above, no ADU subject to this subsection F. may cause the total lot coverage of the lot to exceed 50 percent, or to exceed 40 percent in any setback area adjacent to a street line. Lot coverage is calculated in square feet as the sum of all hardscape coverage and structural coverage of a lot. Structural coverage and hardscape coverage are defined and calculated as follows:

   • a. Structural Coverage. Areas of a lot located beneath a structure having a roof and two or more walls, for example a dwelling, a pool house, or a garage. Structural coverage calculations and maximums are outlined as follows:

Table 17.52.020-1

• b. Hardscape.

  • (1) Hardscape Coverage. Areas of a lot covered by manufactured, non-plant, pervious or impervious material or located beneath a structure with a roof with no more than one wall, for example decking, a concrete slab or walkway, a gazebo.

4. Minimum Open Space. Notwithstanding subsection F.1.c. above, no ADU subject to this subsection F. may cause the total percentage of open space of the lot to fall below fifty percent.

5. Passageway. No passageway is required for an ADU.

6. Parking.

   • a. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined above.

   • b. Exceptions. No parking under subsection F.6.a. is required in the following situations:

     • (1) The ADU is located within one-half mile walking distance of public transit, as defined above.

     • (2) The ADU is located within an architecturally and historically significant historic district.

     • (3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a. above.

     • (4) When on-street parking permits are required but not offered to the occupant of the ADU.

     • (5) When there is an established car share vehicle stop located within one block of the ADU.

     • (6) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.6.b.(1) through (5) above.

   • c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural Requirements.

   • a. The materials and colors of the exterior walls, roof, windows, and doors must be the same as those of the primary dwelling.

   • b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

   • c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

• d. All second-story windows and doors in an ADU less than thirty feet from a property line that is not a public right-of-way shall either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

  • e. An ADU to be constructed on a lot that has an identified historical resource is subject to the ADU exception process.

  • f. Outdoor showers are not permitted within setback areas and shall not be visible from adjacent properties or the public right-of-way.

  • g. No roof decks shall be permitted.

  • h. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

  • i. Allowed stories. No ADU subject to this subsection F. may have more than one story, except that an ADU that is attached to the primary dwelling may have more than one story, but shall not exceed twenty-five feet in height, or the maximum height permitted for the primary dwelling in the applicable zoning district, whichever is lower.

  • j. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

    • k. The ADU and primary dwelling shall use the same driveway to access the street, notwithstanding fire apparatus access standards, as regulated by Central County Fire Department.

  8. Landscape Requirements. Except as required in subsection F.8.e. below, evergreen landscape screening must be planted and maintained between an ADU and adjacent parcels and between any public right-of-way and an ADU wall that faces the right-of-way. Screening shall be installed as follows:

     • a. At least one fifteen-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one twenty-four-inch box size plant must be provided for every ten linear feet of exterior ADU wall.

     • b. For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground-level ADU, a solid fence of at least six feet in height may be installed.

     • c. For a second-story ADU, plant specimens must be at least twelve feet tall when installed.

     • d. All landscaping must be drought tolerant.

     • e. Notwithstanding any other provision in this code, all landscaping must comply with applicable standards in Title 24 of the California Code of Regulations, including the California Fire Code and California Wildland Urban Interface Code, and any related Central County Fire Department (CCFD) and town regulations. If Title 24 or CCFD regulations prevent landscape screening, the screening required by subsection F.8.a. and F.8.b. and F.8.c. above must be achieved using non-combustible fencing that is consistent with firerelated regulations.

Regulations, including the California Fire Code and California Wildland Urban Interface Code, and any related Central County Fire Department (CCFD) and town regulations. If Title 24 or CCFD regulations prevent landscape screening, the screening required by subsection F.8.a. and F.8.b. and F.8.c. above must be achieved using non-combustible fencing that is consistent with firerelated regulations.

9. Historical Protections. An ADU that is on or within six hundred feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

• G. Impact Fees. The following requirements apply to all class 1 ADUs and JADUs and class 2 ADUs.

  1. School Fees. A JADU or ADU with less than five hundred square feet of interior livable space does not increase assessable space by five hundred square feet for the purposes of Education Code Section 17620(a)(1)(c) and is therefore not subject to school fees under Education Code Section 17620.

  2. Other Development Impact Fees.

     • a. No impact fee is required for a JADU or for an ADU that is less than seven hundred fifty square feet of interior livable space. For purposes of this subsection G.2., "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

     • b. Any impact fee that is required for an ADU that is seven hundred fifty square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

• H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

  1. Generally. The town will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

  2. Unpermitted ADUs and JADUs Constructed Before 2020.

     • a. Permit to Legalize. As required by state law, the town may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, unless denial is based on either of the following grounds:

       • (1) The ADU or JADU violates applicable building standards; or

       • (2) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 17.52).

     • b. Exceptions.

       • (1) Notwithstanding subsection H.2.a. above, the town may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the town makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

• (2) Subsection H.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

  3. Encouragement of ADU Establishment in Existing Residential Livable Spaces and Domestic Units. Recognizing that there may be a considerable existing stock of potential ADUs in the town representing a valuable housing resource for the community, including guest suites, guest quarters, pool houses, carriage houses, domestic quarters, and similar spaces, the town encourages property owners to apply to establish an ADU or JADU within existing space in accordance with this chapter.

     • a. No Penalty for Seeking Legalization. Upon receipt of an application to legalize an unpermitted ADU or JADU described in subsection H., the town shall not penalize the applicant solely for having established the unpermitted or nonconforming unit.

     • b. Existing Detached Domestic Units—Legal Nonconforming Status.

       • (1) A detached domestic unit that was lawfully established and existing as of January 10, 1983, is deemed a legal nonconforming accessory structure.

     • (2) Detached domestic unit means living quarters designed, capable of being used, or intended to be used to house household help, such quarters being not structurally attached to the single-family dwelling served by the household help.

     • (3) Except as provided in subsection H.3.c. below, alterations to a legal nonconforming detached domestic unit that is not being permitted as an ADU shall be confined to the interior of the structure; exterior improvements shall be limited to normal upkeep and repair and to improvements that do not enlarge or alter the existing exterior dimensions of the structure.

  • c. Establishing an ADU Within Existing Residential Livable Space or an Existing Accessory Structure.

    • (1) An applicant may apply to permit and legalize an ADU or JADU within existing space of a primary dwelling or within an existing accessory structure, including an existing detached domestic unit.

    • (2) When an existing detached domestic unit or other existing space is proposed to be established as an ADU, the town shall not require correction of unrelated nonconforming zoning conditions, building code violations, or unpermitted structures found elsewhere on the lot that are not impacted by the ADU and do not pose a threat to public health and safety.

    • (3) Improvements to an existing structure in connection with establishing an ADU may include those alterations necessary to comply with applicable building standards and this chapter. Any expansion beyond the existing structure shall be regulated by Chapter 17.52 and applicable state law.

• d. Disaster Reconstruction. If a natural disaster (such as a fire, earthquake, flood, landslide, etc.) damages or destroys an existing detached domestic unit or other existing accessory structure that is proposed to be established as an ADU, the structure may be reconstructed in the same location and to the same or smaller exterior dimensions as the damaged or destroyed structure, consistent with this chapter and applicable state law.

• (Ord. No. 800, § 4(Exh. A), 4-13-2026)

• A. Exceptions Allowed. Any proposed ADU or JADU that would otherwise be allowed under this chapter but does not conform to the objective design to development standards set forth in this chapter may be allowed by the town following design review as prescribed by Chapter 2.12 of this code.

• B. Discretionary Design Review. An ADU or JADU application submitted under this Section 17.52.030 will be considered, reviewed, and noticed as a "type B project" under Section 2.12.070.A.

  • C. Findings Required. The following findings shall be made in advance of any approval of an ADU or JADU Exception:

    1. The project is consistent with the town general plan.

    2. The project is consistent with this code, including the town zoning ordinance.

    3. The project is consistent with the town residential design guidelines.

    4. The project is consistent with all other town land use policies and plans.

    5. The project has undergone the design review process outlined in Chapter 2.12 of this code.

    6. The project has been publicly noticed as a "type B project" under Section 2.12.070.A of this code.

    7. The project does not constitute a risk to the welfare of the town and its residents.

    8. The project does not constitute a risk to the health and safety of the town and its residents.

• (Ord. No. 800, § 4(Exh. A), 4-13-2026)

Chapter 17.54 - TWO-UNIT PROJECTS

The purpose of this chapter is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this chapter.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

• A. Owners.

  1. Only individual property owners may apply for a two-unit project.

"Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a

community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

  2. Any person with a mortgage interest in the property must sign the application indicating the person's consent to the project. 

• B. An application for a two-unit project must be submitted on the town's approved form.

• C. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

• D. Only a complete application will be considered. The town will inform the applicant in writing of any incompleteness within thirty days after the application is submitted.

• E. The town may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

• (Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

• A. An application for a two-unit project is approved or denied ministerially, by the director of building and planning, without discretionary review.

  • B. The ministerial approval of a two-unit project does not take effect until the town has confirmed that the required documents have been recorded, such as the deed restriction and easements.

  • C. The approval must require the owner and applicant to hold the town harmless from all claims and damages related to the approval and its subject matter.

  • D. The approval must require the owner and applicant to reimburse the town for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

• (Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

A two-unit project must satisfy each of the following requirements:

• A. Map Act Compliance. The lot must have been legally subdivided.

• B. Zone. The lot is in a single-family residential zone.

• C. Lot Location.

  1. The lot is not located on a site that is any of the following:

     • a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

     • b. A wetland.

     • c. Within a very high fire hazard severity zone, unless the site complies with all firehazard mitigation measures required by existing building standards.

     • d. A hazardous waste site that has not been cleared for residential use.

     • e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

     • f. Within a one-hundred-year flood hazard area, unless the site has either:

       • i. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

       • ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

     • g. Within a regulatory floodway unless all development on the site has received a no-rise certification.

     • h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

     • i. Habitat for protected species.

     • j. Land under conservation easement.

  2. The purpose of subsection C.1. above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Gov. Code Section 66411.7(a)(3)(C).)

• D. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a town or county landmark or as a historic property or district.

• E. No Impact on Protected Housing.

  1. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

     • a. Housing that is income-restricted for households of moderate, low, or very low income.

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

     • c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

     • d.

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

2. As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection E.1. above is satisfied.

   • a. The sworn statement must state that:

   • b. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

   • c. No housing that is subject to any form of rent or price control will be demolished or altered.

   • d. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen years will be demolished or altered.

   • e. No housing that has been occupied by a tenant in the last three years will be demolished or altered.

3. The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

• F. Unit Standards.

  1. Quantity.

     • a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this chapter of this code, an ADU, or a JADU.

     • b. A lot that is not created by an urban lot split may have a two-unit project under this chapter, plus any ADU or JADU that must be allowed under state law and the town's ADU ordinance.

  2. Unit Size.

     • a. The total floor area of each primary dwelling built that is developed under this chapter must be:

       • i. Less than or equal to eight hundred square feet; and

     • ii. More than five hundred square feet.

  • b. A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

  • c. A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred square feet may be expanded to eight hundred square feet after or as part of the two-unit project.

3. Height Restrictions.

   • a. On a lot that is larger than two thousand square feet, no new primary dwelling unit may exceed a single story or sixteen feet in height, measured from grade to peak of the structure.

• b. On a lot that is smaller than two thousand square feet, no new primary dwelling unit may exceed two stories or twenty-two feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

  • c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

4. Demo Cap. The two-unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5. Lot Coverage. The lots that result from an urban lot split under this chapter must comply with the lot-coverage regulations imposed through the underlying zone, except that the lot-coverage standards are only enforced to the that they do not prevent two primary dwelling units on the lot at eight hundred square feet each.

6. Setbacks.

   • a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

   • b. Exceptions. Notwithstanding subpart F6a above:

     • i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

     • ii. Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being

at least eight hundred square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

• c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this chapter must be at least thirty feet from the front property lines. Front setback areas must:

  • i. Be kept free from all structures greater than three feet high;

  • ii. Be at least fifty percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

  • iii. Allow for vehicular and fire-safety access to the front structure.

7. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

   • a. The lot is located within one-half mile walking distance of either

     • i. A corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours; or

     • ii. A site that contains:

       • (a) An existing rail or bus rapid transit station;

       • (b) A ferry terminal served by either a bus or rail transit service; or

       • (c) The intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods.

• b. The site is located within one block of a car-share vehicle location.

8. Architecture.

   • a. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

   • b. If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

   • c. All exterior lighting must be limited to down-lights.

   • d. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

e.

If any portion of a dwelling is less than thirty feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscaping.

• a. Tree Removal.

  • i. No tree may be removed on a lot with any development under this chapter unless removal is necessary to constructing a dwelling unit that must be allowed under state law.

  • ii. "Tree" means any woody plant which has a trunk with a diameter of twelve inches or more measured at four feet, six inches above natural grade.

  • iii. A tree may only be removed under subsection J.9.a. above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.

• b. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

  • i. At least one fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall.

  • ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

  • iii. All landscaping must be drought-tolerant.

10. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

11. Utilities.

• a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

• b. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

12. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this chapter is a change of use and subjects the whole of the lot, and all structures, to the town's current code.

G.

Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

1. It must have direct access to a public right of way with a paved street with a width of at least forty feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

2. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

3. All enclosed structures on the site must have fire sprinklers.

4. All sides of all dwellings on the site must be within a one-hundred-fifty-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.

5. If the lot does not have a swimming pool, the lot must have a water reservoir of at least five thousand gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

• H. Separate Conveyance.

  1. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

  2. Condominium airspace divisions and common interest developments are not permitted within the lot.

  3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

  4. No timeshare, as defined by state law or this code, is permitted. This includes any coownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

• I. Regulation of Uses.

  1. Residential-only. No non-residential use is permitted on the lot.

  2. No STRs. No dwelling unit on the lot may be rented for a period of less than thirty days.

  3. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

• J. Notice of Construction.

  1. At least thirty business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

     • a. Notice that construction has been authorized;

     • b. The anticipated start and end dates for construction;

     • c. The hours of construction;

     • d. Contact information for the project manager (for construction-related complaints); and

     • e. Contact information for the building and safety department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

• K. Deed Restriction. The owner must record a deed restriction, on a form approved by the town, that does each of the following:

  1. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

  2. Expressly prohibits any non-residential use of the lot.

  3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

  4. If the lot is not created by an urban lot split: expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

  5. If the lot is created by an urban lot split: States that the property is formed by an urban lot split and is therefore subject to the town's urban lot split regulations, including all applicable limits on dwelling size and development.

  6. States that development on the lot is limited to development of residential units under Chapter 17.54 of this code, except as required by state law.

• L. Specific Adverse Impacts.

  1. Notwithstanding anything else in this chapter, the town may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

  2. "Specific adverse impact" has the same meaning as in Gov. Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:

     • a. Inconsistency with the zoning ordinance or general plan land use designation; or

     • b. The eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

  3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

• M. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

  1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

  2. The town may:

     • a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

     • b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

• c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand, or both; or a misdemeanor.

  - d. Record a notice of violation. 
  
  - e. Withhold any or all future permits and approvals. 
  
  - f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the town's code.
  

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

Chapter 17.56 - LANDSCAPING*

17.56.010 - Purpose.

• A. The general purpose of this chapter is to promote the public health, safety, and welfare by facilitating the proper and timely landscaping of all properties in keeping with the character of the town and by insuring that substantial changes in existing landscaping are appropriate to the needs and standards of the community.

• B. Additional, specific purposes of this chapter are (i) to reduce fire hazards caused by uncleared wild grasses, undergrowth, and dead growth, (ii) to mitigate erosion and storm water run-off and to protect water quality, and (iii) to encourage efficient water use through proper landscape design and appropriate plant selection for the local climate. (However, nothing in this chapter shall be deemed to mean that property developed in accordance with the provisions of this chapter is entitled to water in excess of that allocated for such property during periods of water rationing.)

(Ord. 639 § 26 (part), 2003)

(Ord. No. 757, § 17, 10-14-2019; Ord. No. 789, § 1(Exh. A), 3-13-2023)

17.56.020 - Definitions.

For the purpose of this chapter:

"Certified arborist" means an arborist certified by the International Society of Arboriculture (ISA) with current certification standing, meeting all current renewal requirements and continuing education requirements; or an American Society of Consulting Arborists (ASCA) consulting arborist with current membership standing, meeting all continuing education requirements.

"Grove" means a group of at least five woody plants of the same type with a diameter of six inches or more measured at four feet, six inches above natural grade.

"Landscaped" means having had landscaping installed.

"Landscaping" means any one or combination of the following:

1. Installing or planting trees, shrubs, grass, or ornamental or other vegetation.

2. Installing or constructing decks, fences, walls, arbors, lighting fixtures, statuary, fountains, ponds, or other ornamental structures.

3. Arranging the land and the elements thereon by grading (which includes, but is not limited to, moving, altering, scarifying, excavating, digging, leveling, filling, tunneling, or scraping the natural topography).

4. Removing any tree (which includes, but is not limited to, any pruning, cutting, or damage to any portion of a tree which in the opinion of a town-qualified arborist, shall in effect permanently compromise the health and safety of a tree).

5. Demolishing any swimming pool.

6. Altering or potentially altering drainage or creating or potentially creating a soil erosion problem.

7. Installing or constructing green infrastructure measures, including, but not limited to, rain gardens and pervious pavement.

• "Protected tree" means:

  1. Any tree species, which measures eighteen inches or more in cumulative diameter, measured at four feet six inches above natural grade.

  2. Any tree planted as a requirement tree for site development, tree permit condition, landscape plan removal replacement, or other designated condition by the city.

  3. "Protected tree" does not include any tree grown or held for sale by a licensed nursery.

"Tree" means any woody plant which has a trunk with a diameter of six inches or more measured at four

feet, six inches above natural grade.

"Town-qualified arborist" means any certified arborist authorized to work on behalf of the Town of Hillsborough.

The foregoing notwithstanding, nothing in these definitions shall be deemed to preclude leaving the land in its natural state (if kept clear of dead vegetation) so long as that is consistent with the purposes set forth in Section 17.56.010.

(Ord. 639 § 26 (part), 2003)

(Ord. No. 757, § 18, 10-14-2019; Ord. No. 761, § 18, 1-13-2020; Ord. No. 789, § 1(Exh. A), 3-13-2023)

All developed property shall be landscaped. In the event that all or part of a lot has never been graded or planted, that portion of the lot may be retained in its natural state, if appropriately maintained. Appropriate maintenance of the natural state shall include, but not necessarily be limited to, removing dead, dying, or other hazardous trees or other vegetation, and otherwise pruning, thinning, and maintaining the natural vegetation to ensure fire safety and to ensure compliance otherwise with the purposes of this chapter.

(Ord. 639 § 26 (part), 2003)

Landscaping shall comply with the town's water conservation landscaping requirements as outlined in Chapter 15.29 of this Code.

(Ord. 640 § 5 (part), 2003; Ord. 639 § 26 (part), 2003)

(Ord. No. 689, § 4, 6-14-2010; Ord. No. 789, § 1(Exh. A), 3-13-2023)

Landscaping projects subject to the review and permit procedures of this chapter are the following:

• A. Removing a protected tree as defined in this chapter. (Such tree removal shall also comply with Title 14.)

• B. Adding or moving fifty cubic yards or more of dirt or soil.

• C. Rehabilitating more than ten thousand square feet of landscaped area.

• D. Installing landscaping for a residence being newly constructed (either on a previously unimproved lot or on a lot whose previous residence has been torn down).

  • E. Synthetic grass in areas visible from the public right-of-way.

  • F. Removal of a grove of trees.

• (Ord. 683 § 11, 2008: Ord. 654 § 26, 2004; Ord. 640 § 5 (part), 2003; Ord. 644 § 1, 2003; Ord. 639 § 26 (part), 2003)

(Ord. No. 715, § 11, 6-9-2014; Ord. No. 761, § 19, 1-13-2020; Ord. No. 789, § 1(Exh. A), 3-13-2023)

• A. Landscaping projects listed in Section 17.56.050 shall require design review approval as set forth in Section 2.12.070. (Landscaping projects listed in Section 17.56.050 require type B design review per Section 2.12.070(A)(2)(c)(viii). Landscaping projects not listed in Section 17.56.050 are not subject to design review at all, per Section 2.12.070(B)(1)(e).

• B. The applicant shall obtain design review approval of the landscaping plan prior to the issuance of any building permit for the construction, reconstruction, or remodel of any structure being built in connection with the installation of the landscaping.

(Ord. 639 § 26 (part), 2003)

After securing design review approval as set forth in Section 17.56.060, the applicant shall file a written application with the building department to obtain the appropriate permit(s) required for the installation of the landscaping. (Depending on the design of the landscaping, such permits can include building, plumbing, electrical, encroachment, etc.) The application for permit(s) shall be filed on a standard form prepared for that purpose, together with the application fee as set forth from time to time by resolution of the city council. If Section 17.56.040 is applicable to the landscaping plan, the application for permit(s) shall also include an irrigation system plan that provides for efficient use of irrigation by grouping high water use plants together. Approved landscape permits associated with construction projects subject to a building permit are required prior to the granting of a final approval on a construction permit. When a permit for removal is issued the entire tree must be removed to within twelve inches of grade.

(Ord. 639 § 26(part), 2003)

(Ord. No. 692, § 6, 9-13-2010; Ord. No. 715, § 12, 6-9-2014)

The building department may require that the applicant post a bond or other security satisfactory to the building department prior to the issuance of the permit(s) for landscaping. The amount of the bond or other security shall be set by the building department in an amount sufficient to guarantee completion of the

approved landscaping by the applicable deadline set forth in Section 17.56.090.

(Ord. 639 § 26 (part), 2003)

• A. Landscaping installed in connection with the construction of a new residence shall be completed within six months after the date of issuance of the certificate of occupancy for the residence pursuant to Title 15 of this Code.

• B. For landscaping approved by the architecture and design review board in connection with a construction project approved by the architecture and design review board for an addition to, remodeling of, and/or any other reconstruction of an existing residence, the applicant shall obtain final inspection of the landscaping prior to final inspection of the construction project.

• C. In all events and notwithstanding any other provision in paragraph A or B of this section, for construction described in paragraph A or B of this section, the applicant shall obtain a final inspection of the landscaping within one year of the sheet rock nailing inspection of the construction project.

(Ord. 640 § 5 (part), 2003; Ord. 639 § 26 (part), 2003)

Chapter 17.56 shall apply to all single-family dwellings (as described in Section 17.16.010(A)(1)). Except for Sections 17.56.040 and 17.56.090, Chapter 17.56 shall also apply to all country clubs (as described in Section 17.16.010(A)(2)), all private schools (as described in Section 17.16.010(B)(2)), and the racquet club (as described in 17.16.010(E)(1)); provided, however, that as to country clubs, private schools, and the racquet club, paragraph D of Section 17.56.050 shall apply only to single-family dwellings, if any, located on the premises of country clubs, private schools, or the racquet club.

(Ord. 640 § 5 (part), 2003)

Chapter 17.60 - DENSITY BONUSES AND OTHER CONCESSIONS OR INCENTIVES

The purpose of this chapter is to provide incentives for the production of housing for lower income households (which, as set forth in California Health and Safety Code Section 50079.5(b), includes very low and extremely low income households) and senior households in accordance with Sections 65915 through 65917 of the California Government Code. Section 65915 directs the town to provide density bonuses and/or other concessions or incentives under certain circumstances, as set forth in Section 65915 et seq., in order

to encourage the construction of low income housing. (Density bonuses essentially allow more units per acre than would otherwise be permitted. Other concessions or incentives, for example, could include the reduction or waiver of permit fees and/or utility fees and/or the provision of financial assistance in constructing public improvements.) Section 65915 also directs the town to adopt an ordinance specifying how the town will comply with these provisions.

(Ord. 648 § 12, 2003)

The town may grant a density bonus for projects meeting the requirements of California Government Code Section 65915.

(Ord. 648 § 12, 2003)

• (Ord. No. 688, § 4, 6-14-2010)

• A. Any person wishing to apply for a density bonus and/or other incentives or concessions under Government Code Section 65915 (hereinafter "applicant") shall make a preliminary application in writing to the director of building and planning. The application shall identify what specific measures (e.g. modifications to standards, density bonus, or fee subsidies) the applicant is requesting.

  • B. The applicant shall provide all information available to the applicant that is necessary to determine if the proposed development comes within the provisions of Section 65915.

  • C. The building and planning director shall provide to the applicant a letter identifying project issues of concern, the financial assistance that may be available, and the procedures for compliance with this chapter.

• (Ord. 648 § 12, 2003)

• (Ord. No. 688, § 4, 6-14-2010)

• A. The applicant shall submit to the director of building and planning a final application including the following:

  1. A legal description of the site proposed for development;

  2. A statement of present ownership;

A letter signed by the property owner stating what incentives, if any, are being requested from the town;

  4. A detailed vicinity map; 

  5. Site plans designating the total number of units proposed on the site, including the number of density bonus units, and any other supporting plans requested by the city planner; 

  6. In the case of a request for any incentive(s), a pro forma for the proposed project to justify the request; and 

  7. Any other materials deemed necessary by the city planner in order for the city council to make a decision on the application. 

• B. The director of building and planning shall process the application in conjunction with the related environmental assessment, if any, and the subdivision map application, which shall be processed by the city engineer according to the provisions of Title 16 of this Code. Both applications shall be scheduled for consideration by the city council at the same meeting.

• C. The city council shall evaluate the application based on the following criteria:

  1. The potential for the density bonus project to achieve the town's affordable housing goals as set forth in the housing element of the general plan;

  2. The extent to which requested incentives or concessions are necessary to make the project economically feasible;

  3. The compatibility of the project's development pattern with other land uses in the vicinity; and,

  4. The project's compliance with the town's general plan, zoning, and development policies.

• D. The city council shall grant the incentives or concessions unless the city council makes a written finding pursuant to Section 65915(d)(1).

• E. A density bonus housing agreement shall be made a condition of the discretionary permits (e.g. tentative maps, parcel maps, development permits) for all housing developments for which a density bonus and/or additional incentives have been approved. The agreement shall be filed and recorded as a deed restriction on the property. The town shall provide periodic monitoring of compliance with the provisions of the deed restriction.

• (Ord. 648 § 12, 2003)

• (Ord. No. 688, § 4, 6-14-2010)

Chapter 17.65 - MEDICAL AND ADULT-USE CANNABIS REGULATIONS

17.65.010 - Definitions.

For purposes of this code, the following definitions shall apply.

Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also includes marijuana as defined by Section 11018 of the Health and Safety Code. Cannabis also includes "cannabis" as defined in Business and Professions Code, Section 26001.

Cannabis cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Cannabis delivery means the commercial transfer of cannabis or cannabis products to a customer. "Cannabis delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

Cannabis distribution means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the state distributor license(s), including, but not limited to, cannabis storage, quality control and collection of state cannabis taxes.

Cannabis manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include "cannabis products" as defined in Business and Professions Code, Section 26001.

Cannabis retailer means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. For purposes of this code, the term "cannabis retailer" includes microbusinesses as well as nonprofits licensed under Business and Professions Code, Section 26070.5. For purposes of this code, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, Section 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, Section 11362.7 et seq.), as may be amended.

Business and Professions Code, Section 26070.5. For purposes of this code, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, Section 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, Section 11362.7 et seq.), as may be amended.

Cannabis testing laboratory means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products.

Commercial cannabis use includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, and includes any activity that requires a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10), as may be amended. Commercial cannabis activity does not include possession or indoor cultivation of cannabis for personal use that is not sold and in strict accordance with Health and Safety Code, Section 11362.1 et seq.

Indoor means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

Outdoor means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

Private residence means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

• (Ord. No. 746, § 5, 11-13-2017)

• A. Indoor Cultivation. The indoor cultivation of cannabis is prohibited except to the extent that state law permits the indoor cultivation of up to six cannabis plants for personal use per private residence. Persons engaging in indoor cultivation must comply with all state and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation and personal use of cannabis.

  • B. Outdoor Cultivation. Outdoor cultivation of cannabis, including cannabis cultivation for personal medical use, personal adult-use, or commercial purposes is prohibited in all zoning districts in the town.

• (Ord. No. 746, § 5, 11-13-2017)

• A. All commercial cannabis uses, as defined in Section 17.65.010, are prohibited from establishing or operating within the Town of Hillsborough. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

B.

Exception for Deliveries from Licensed Cannabis Retailers. Cannabis retailers and cannabis delivery services are prohibited from physically locating or establishing in the town. However, state-licensed cannabis retailers, as defined by this chapter, that are legally established and located outside the town may provide cannabis deliveries to medical or adult-use customers in Hillsborough under the following conditions:

1. The cannabis retailer must be licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10) to provide cannabis deliveries.

2. The cannabis retailer must operate in compliance with the applicable laws and regulations of the local jurisdiction in which the cannabis retailer is physically located and state law.

3. The cannabis retailer must comply with Title 5, Chapter 5.04 of this code, in order to make deliveries within the town.

• (Ord. No. 746, § 5, 11-13-2017; Ord. No. 750, § 3, 8-13-2018)