Chapter 17.112 — ACCESSORY DWELLING UNITS

The purpose of this section is to establish procedures for permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) on lots zoned for residential uses, and to implement state law as required for such uses. ADU and JADU are defined in Section 17.310. In accordance with state law, ADUs and JADUs are accessory uses and shall not be counted as an additional dwelling for the purposes of calculating permitted general plan or residential zoning density.

(Ord. No. 528, 2-15-2022)

The provisions of this chapter apply to all lots that are occupied with a residential dwelling unit and to all vacant lots that are zoned for residential development. The addition of an ADU shall not be considered to result in an increase of the allowable density for the lot upon which the ADU is located. When established consistent with the following regulations, an ADU is a use consistent with the general plan and zoning designation for the lot.

(Ord. No. 528, 2-15-2022)

A.

Restrictions. All ADUs and JADUs shall comply with the following regulations:

1.

No ADU or JADU shall be sold or otherwise conveyed separately from the primary residence.

2.

An ADU or JADU may only be rented, leased, and/or occupied for residential purposes. If an ADU or JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

3.

All ADUs and JADUs shall comply with the California Building Standards Code, as amended by the city.

4.

If a fire sprinkler system is required for the primary residence, a fire sprinkler system is also required in any accompanying ADU or JADU.

B.

Design. All ADUs and JADUs shall comply with the following design standards:

1.

ADU Standards.

a.

Location and number of ADUs.

i.

Subject to the requirements in this section, one ADU is permitted on a lot where (1) a single-family or multifamily dwelling is a permitted use, and (2) where there is an existing or proposed single-family or multifamily dwelling.

ii.

One detached ADU and one JADU may be permitted on a property with a proposed or existing singlefamily dwelling where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied.

iii.

One or more ADUs may be permitted on a lot with an existing multi-family dwelling where the requirements of Government Code Section 65852.2(e)(1)(C) or (D) are satisfied. For purposes of this section 17.112.30, "multi-family dwellings" are those that contain more than one dwelling unit, including but not limited to duets, duplexes, triplexes, apartment buildings, and condominium buildings.

(A)

Multiple ADUs may be allowed within the 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 ADU complies with state building standards for dwellings.

(B)

A minimum of one ADU shall be allowed within an existing multifamily unit and ADUs shall be allowed within an existing multifamily building at up to 25 percent of existing multifamily units.

(C)

Not more than two detached ADUs, which are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, may be located on a lot with an existing multifamily dwelling.

iv.

The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and shall be located on the same lot as the proposed or existing primary dwelling.

v.

ADUs do not exceed the allowable density for the lot upon which the ADU is located, and ADUs are a residential use that is consistent with the existing general plan and zoning designation for the lots within zones that permit ADUs.

2.

Development standards. Except for those ADUs exempt from obtaining an ADU Permit, as provided in above, ADUs shall comply with the following:

a.

Unit size and height.

i.

An attached ADU shall not exceed 50 percent of the floor area of the existing primary dwelling or 850 square feet, whichever is more.

ii.

A detached ADU shall not exceed 1,200 square feet.

iii.

The maximum height for a detached ADU shall be 16 feet, measured to the roof peak.

iv.

An attached ADU shall comply with the maximum height restriction applicable to the primary dwelling. When more than 50% of the gross floor area of an ADU is located above an existing or proposed garage, the entire combined structure shall not exceed 25 feet in height.

b.

Setbacks.

i.

No setbacks shall be required for conversion of an existing living area or accessory structure into an ADU, or the new construction of an ADU in the same location and to the same dimensions as an existing structure.

ii.

For all other ADUs, the required setback from side and rear lot lines shall be four feet, and the ADU shall conform to the front yard setback regulations applicable to the zoning district in which it is located.

iii.

A detached ADU shall be a minimum of five feet from the primary dwelling, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling.

c.

ADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. Where the application of lot coverage, floor area ratio, setbacks, or other development regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived, to the extent permitted by law, to permit such an ADU.

3.

Architectural review.

a.

An ADU shall have a separate exterior access point independent from the primary dwelling.

b.

Where a proposed ADU will likely be visible from a public street or thoroughfare, design elements shall be used that are similar in materials, color, style, and form to the primary dwelling, including the exterior siding, trim and color, roof materials, and window placement and type. An ADU that will be located behind the primary dwelling and that will not be visible from the public street shall use decorative exterior cladding and window treatments suitable for a permanent residence.

c.

All windows that face a side yard adjoining a side yard of an adjacent property and are located within 15 feet of the shared property line shall be a minimum of 6.5 feet above the finished floor height ("clerestory"), except that this standard does not apply if a structure on the adjacent property does not have any nonclerestory windows on the building elevation that faces the ADU.

d.

Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or an adjacent property.

e.

All ADUs must have permanent foundations.

f.

No passageway is required for construction of an ADU.

4.

JADU standards.

a.

Subject to the requirements in this section, one JADU is permitted on any property where single-family residential use is a permitted use and there is an existing or proposed single-family dwelling.

b.

The owner of a parcel with a JADU shall occupy as a principal residence either the single-family dwelling or the JADU, except where the owner is another governmental agency, land trust, or housing organization.

c.

Development standards.

i.

JADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein.

ii.

A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet.

iii.

A JADU must be contained entirely within the walls of an existing or proposed single-family dwelling.

iv.

A JADU shall, at a minimum, include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.

v.

A JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit. JADUs that share sanitation facilities with the principal dwelling unit are required to maintain an interior connection between the JADU and the primary dwelling.

vi.

Any exterior improvements associated with the development of a JADU shall conform to the zoning regulations applicable to the property.

C.

Covenants and recordation. A covenant, in a form acceptable to the City of Ione, shall be recorded with Amador County, prior to issuance of any building permit for an ADU. Failure to record the covenant shall be grounds for code enforcement action by the city. The purpose of recording the covenant is to ensure that future property owners are made aware of the requirements under which the ADU shall be maintained, including:

1.

A deed restriction shall be recorded that: prohibits the sale of the ADU separate from the sale of the singlefamily residence; includes a statement that the deed restriction may be enforced against future purchasers; and restricts the size and features of the ADU in accordance with this section.

D.

Utilities and fees. Notwithstanding any other provision of this Code, or any ordinance or resolution of the City of Ione, the development impact fees for an ADU and a JADU shall be applied as follows:

1.

ADUs and JADUs shall be subject to the payment of all water, sewer, or other utility fees, except as otherwise provided in this section or in Government Code Sections 65852.2 and 65852.22.

2.

Except where constructed with a new single-family dwelling, an ADU or JADU that meets the requirements of Government Code Section 65852.2(e)(1)(A) shall not be required to install a new or separate utility connection directly between the ADU/JADU and the utility, and shall not be charged a connection fee or capacity charge.

3.

For any ADU or JADU not exempted under subsection (a) above, the city may require a new or separate utility connection between the ADU/JADU and the utility and may charge a connection fee or capacity charge, at the discretion of the building official. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU/JADU, based on its square feet or the number of drainage fixture unit (DFU) values, upon the water or sewer system.

4.

An ADU or JADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges, except where constructed with a new single-family dwelling.

5.

JADUs and ADUs less than 750 square feet shall not be subject to any impact fees. ADUs that are 750 square feet or larger shall be subject to applicable impact fees, charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" shall have the same meaning as defined in Government Code Section 65852.2(f).

E.

Nonconforming conditions. An ADU or JADU allowed pursuant to this chapter shall be not conditioned or otherwise required to correct existing nonconforming zoning conditions.

F.

Approval. Before constructing an ADU or JADU, an applicant shall obtain necessary permits in accordance with this section. The application for planning review and for a building permit to construct an ADU shall be ministerially approved if the requirements of this code are met.

1.

Projects subject to administrative site plan review.

a.

For all proposed ADUs, an application shall be submitted to the planning division on prescribed forms that demonstrates that the ADU complies with the requirements of this section.

b.

An application for an administrative site plan review permit for an ADU shall be processed and considered ministerially, without discretionary review or a public hearing, consistent with the requirements of this section and state law, within 60 days of submittal of a complete application.

i.

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

ii.

The 60-day review period shall not apply when:

(A)

An ADU permit application is submitted contemporaneously with an application for a single-family or multifamily dwelling that is subject to review under this chapter. The ADU permit application shall be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to separate review.

(B)

The applicant seeks a delay.

c.

In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction-related permits prior to construction of the subject unit.

Projects exempt from obtaining an ADU permit.

a.

An administrative site plan review permit shall not be required if the proposed ADU or JADU meets the requirements of Government Code Section 65852.2(e)(1) and the California Building Standards Code, as amended by the city. Any ADU which does not require an ADU permit may submit a building permit application directly to the building division. The requirements of Government Code Section 65852.2(e)(1) include:

i.

One ADU and one JADU are permitted ministerially per lot with a proposed or existing single-family dwelling if all of the following apply:

(A)

The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

(B)

The space has exterior access from the proposed or existing single-family dwelling.

(C)

The side and rear setbacks are sufficient for fire and safety.

(D)

The JADU complies with the requirements of Government Code Section 65852.22.

ii.

One detached, new construction ADU that meets the following requirements. The ADU may be combined with a JADU described in subparagraph i.

(A)

The ADU is on a lot with a proposed or existing single family dwelling.

(B)

The ADU does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing singlefamily dwelling.

(C)

The ADU total floor area does not exceed 800 square feet.

(D)

The ADU is 16 feet in height or less.

iii.

ADUs within the 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.

(A)

At least one ADU is allowed within an existing multifamily dwelling and a total number of ADUs that is up to 25 percent of the existing number of dwelling units in the multifamily building shall be allowed.

(B)

Each ADU shall comply with the California Building Standards Code, as adopted by the city.

(C)

Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling.

iv.

Not more than two detached ADUs, that are subject to a height limit of 16 feet and four-foot rear yard and side yard setbacks, shall be located on a lot that has an existing multifamily dwelling.

b.

Any ADU which does not require an ADU permit may submit a building permit application directly to the building division.

3.

Except for ADUs and JADUs that are exempt from obtaining an ADU administrative site plan review permit under subsection (2) above, any building additions or accessory structures located on the parcel that are not in compliance with the City Code of Ione shall be brought into compliance with the City Code prior to approval of an ADU.

4.

The City of Ione shall not issue a certificate of occupancy for an ADU or JADU before issuing a certificate of occupancy for the primary dwelling.

5.

Applications to construct an ADU or JADU on a property that is designated as a historic resource by the City of Ione, the State of California, or by the National Register of Historic Places, shall show substantial

compliance with the guidelines of the Secretary of the Interior for development on such a property.

G.

Parking. A minimum of one parking space per ADU or per bedroom, whichever is less, shall be required. These spaces may be provided as tandem parking, may be covered or uncovered, and may be located on an existing driveway if the use of such driveway does not decrease required parking for the primary structure.

1.

Off-street parking shall be permitted within the front yard setback, provided that the parking is setback a minimum of ten feet from the street or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

2.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the demolished off-street parking spaces are not required to be replaced.

3.

Parking is not required if the ADU is located:

a.

Within one-half mile walking distance of public transit;

b.

Within the City of Ione's downtown residential overlay district;

c.

Where on-street parking permits are required but not offered to the occupant of the ADU;

d.

Where a car-share vehicle is located within one block of the ADU; and/or

e.

Entirely within an existing or proposed primary or accessory structure.

(Ord. No. 528, 2-15-2022)

17.112.050 - Review process for ADUs and JADUs not complying with Section 17.112.030.

A.

A proposal to establish an ADU that does not comply with Section 17.112.030 may be permitted with an administrative site plan review, which may be elevated to a discretionary site plan review, at the discretion of the city planner, subject to the required findings of Section 17.112.060.

B.

Any appeal of the city planner's decision shall comply with Section 17.08.060 Appeals.

(Ord. No. 528, 2-15-2022)

Chapter 17.114 - MULTIFAMILY STANDARDS

Sections:

This chapter applies to all residential buildings with two or more dwelling units, including buildings that have a mixture of residential and non-residential uses and to all residential structures intended to be occupied by more than one household (including multiple single person households). Single family dwellings are exempt from this chapter.

(Ord. No. 528, 2-15-2022)

17.114.020 - Purpose.

The multifamily standards have been developed to establish, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.

(Ord. No. 528, 2-15-2022)

17.114.030 - Standards.

Multifamily residential developments must be consistent with each of the standards below:

1.

Neighborhood compatibility.

a.

Residential projects located across the street from single-family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. Parking lot areas and carports shall not be located along single-family neighborhood street frontages. This requirement does not apply to residential projects located across a state route, parkway, arterial, or collector road as identified in the Ione General Plan.

b.

Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include either 1) individual ground-level front doors and, if two or more stories, interior stairs or 2) a single exterior entrance with an interior common hallway(s).

c.

A noise assessment shall be conducted by a qualified acoustical engineer. If the project will be exposed to noise levels that exceed the General Plan noise standards identified in Tables 6-1 and 6-2, excluding the subjective language in the footnotes for each table, which require multifamily residential uses to be exposed to no more than: 1) 60 dBA from 7 a.m. to 10 p.m. and 45 dBA from 10 p.m. to 7 a.m. from nontransportation noise sources, and 2) 60 dBA, the project shall include measures to reduce noise levels at outdoor activity areas to 60 dBA or less and interior spaces to 45 dBA or less to meet the city's noise standards. If sound walls are necessary to meet the noise standards, the sound walls shall include an earth berm and landscaping. Walls between buildings shall be extended to create pockets of landscaping or open space in order to avoid long continuous walls for the entire length of a project site.

2.

Building design.

a.

Structures shall have a color palette that consists of at least two body colors and two accent colors (not including roof color). Projects with two or more residential structures shall include a minimum of two color palettes and shall not use a single palette on more than 70 percent of the residential structures. Stone materials shall not be painted.

b.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

c.

Blank walls (facades without doors, windows, articulation of at least one foot, landscaping treatments) shall be less than 20 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

d.

Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75 percent of the building façade with frontage upon a street, adjacent to a public park, or adjacent to public open space.

e.

Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.

f.

At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage.

g.

A minimum of ⅝ inch thickness is required for panel siding. Battens are required to be incorporated into the design for a board and batt appearance.

3.

Massing/articulation.

a.

Primary building entries shall incorporate a projection (e.g., porch) or recess, or combination of projection and recess at least 48 square feet in area.

b.

A minimum of two of the following design features: balconies, cantilevers, dormers, bay windows, patios, or accent materials that are part of the structure shall be incorporated into each façade of each project building.

c.

A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.

d.

Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.

e.

Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.

f.

Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

4.

Outdoor/common space.

a.

Each multifamily unit shall have a minimum of 100 square feet of private outdoor space directly adjacent to the unit. For the purposes of this standard, private outdoor space is defined as outdoor space that is usable and accessible only to the building residents and their visitors, but not to the general public.

b.

Common useable open space at a minimum of 180 square feet of common usable open space per unit is required for all multifamily projects with more than four units.

c.

A minimum of 30 percent of the common usable open space shall be provided as a landscaped green area or garden, a minimum of 50 percent shall be provided as recreation area, and the remaining 20 percent may be landscaped open space, recreation area, or hardscape.

d.

Outdoor seating shall be provided within common usable open space areas and near the entry to laundry facilities.

e.

Multifamily developments (except senior restricted multifamily developments) exceeding 22 bedroom units and with less than 100 units shall have two outdoor areas, one for adults and one for a child play area that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space is not required to include recreational equipment, but does include tables with seating.

f.

Multifamily developments (except senior restricted multifamily developments) exceeding 100 units shall have three open space areas, one for adults, one for children that includes a sports play area and recreational equipment for children six to 13, and one for younger children that includes recreation equipment for children five years and under. For the purpose of this standard, adult open space is not required to include recreational equipment, but does include tables with seating.

g.

Each play area for children must be visible from as many units as possible and at least eight units and shall be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided.

h.

Recreation areas shall be at least 50 percent shaded. Shading can include shade fixtures or shade trees that will grow to a height of at least 20 feet within five years of planting.

i.

Developments with more than 20 units shall provide at last one public art amenity, such as a sculpture, fountain, or kiosk, that is visible from the adjacent public right-of-way and is adjacent a sidewalk or pedestrian pathway.

5.

Site design.

a.

When dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area.

b.

Garages and carports shall utilize the same color palette and shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, and roof materials.

c.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

e.

Where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

f.

Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall.

6.

Accessory elements.

a.

Perimeter fencing utilized along public street shall be constructed of decorative iron, pre-painted welded steel, Trex (or similar product), or wood picket material.

b.

The height of solid fencing between private yards and common open spaces, when such private yards and common open spaces are located in the interior of a single parcel, shall be limited to either 1) 4.5 feet in height, or 2) up to six feet in height provided that the top 18 inches provide at least 50 percent open area.

c.

Roof top equipment shall be screened from visibility. The point of view for determining visibility shall be five feet above grade at a distance of 200 feet. If the roof structure does not provide this screening, an equipment screen shall be included in the design.

d.

Exterior trash, recycling, and storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be screened.

7.

Refuse containers.

a.

Four units or less may be served by individual garbage containers. When individual garbage cans are used, they must either fit in the garage (without encroaching into required parking area) or into a screening enclosure.

b.

When there are five units or more, dumpsters for garbage collection shall be provided within a screening enclosure.

c.

When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. A rule of thumb is to allow for between 30 and 90 gallons per unit per week, depending on size of the unit.

d.

All dumpsters shall be shielded within an enclosure a minimum of six feet tall. Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.

e.

Allowances shall be provided within the enclosure for stacking recycling crates (in small projects) and recycling dumpsters (in large projects)

f.

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

g.

Lighting shall be provided at trash enclosures for night time security and ease of use.

h.

Dumpster enclosures shall be located so that no dwelling is closer than 20 feet (including those on abutting properties) or more than 100 feet from an enclosure. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

8.

Natural resources.

a.

A biological resources assessment, including special-status species survey, shall be conducted by a qualified biologist and shall identify special-status species with potential to occur in the vicinity (within ¼- mile of the project site) and on the project site, sensitive habitats located on or adjacent to the project site, including wetlands, riparian areas, oak woodlands, wildlife habitat, and habitat of significant value present on the project site.

b.

The project shall avoid habitat for special-status species, wetlands, riparian areas, oak woodlands, and habitat of significant value (collectively referred to as "sensitive habitats") present on the project site and shall provide a minimum of a 100-foot buffer from sensitive habitats, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified biologist. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space. If avoidance of sensitive habitats would result in a density that is less than the allowed maximum density identified for the zone in Table 17.22.040-1 or Table 17.24.040-1, then the project may protect comparable sensitive habitats at a two-to-one ratio within one-and-a-half (1.5 miles) of the site or purchase credits for comparable sensitive habitats at a mitigation bank at a two-to-one ratio within ½ miles of the site.

c.

If special-habitat species occur on the site or have the potential to occur on the site, as determined by a qualified biologist, the qualified biologist shall identify adequate measures consistent with mitigation recommended by resource agencies (i.e., U.S. Fish and Wildlife Service, California Department of Fish and Wildlife) to avoid impacts to special-status species during any ground-disturbing and construction activities and the project shall implement such measures.

9.

Cultural resources.

a.

A cultural sources assessment, including site survey, shall be conducted by a qualified archaeologist and shall identify the potential for cultural resources on the project site.

b.

If significant cultural resources, or the potential for significant cultural resources, are identified, the project shall avoid such cultural resources and shall provide a minimum of a 100-foot buffer from significant cultural resources, unless a reduced buffer that is not less than 25 feet is determined to be adequate to protect such resources by the qualified archaeologist or measures, such as capping the resource or relocation of the resources to permanent open space, are identified as adequate to preserve the significance of significant cultural resources. No ground disturbance shall occur within the buffer area and the area within the buffer shall be permanent open space.

11.

Water infrastructure and capacity. Projects shall provide a letter from the water provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.

12.

Sewer infrastructure and capacity. Projects shall provide a letter from the sewer provider that demonstrates there will be adequate infrastructure and capacity to serve the project prior to issuance of building permits.

13.

Street standards. The project shall improve public streets consistent with the requirements of Chapter 12.08, Street Construction Standards.

14.

Additional objective standards. Projects subject to this chapter must comply with all other applicable objective standards within the general plan, any applicable specific plans, the Municipal Code, including but not limited to, Title 12 (Streets, Sidewalks and Public Places), Title 13 (Public Services), Title 15 (Buildings and Construction), and this Title 17 (Zoning Code), and all other regulations, as may be amended from time to time, unless otherwise superseded by state law.

15.

Downtown master plan.

a.

Projects subject to the downtown master plan shall comply with the requirements of the downtown master plan where the downtown master plan establishes objective standards that conflict with the requirements of this chapter.

b.

If the downtown master plan establishes subjective standards for a specific topic, then the standards provided in this chapter for such topic shall apply.

c.

If the downtown master plan does not establish standards for topics addressed in this chapter, then the standards provided in this chapter related to such topics shall apply.

D.

Exceptions to the standards identified in paragraph C shall require a discretionary site plan review.

(Ord. No. 528, 2-15-2022)

Chapter 17.116 - PROVISIONS FOR SPECIFIED HOUSING TYPES

Sections:

Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) shall be permitted on a permanent foundation in all zones that allow a single family home, subject to the following development standards:

A.

The manufactured home meets all other development standards of this title that apply to a single family dwelling in the same zone, including any siting standards, setback and yard requirements, standards for enclosures, access, and vehicle parking, and aesthetic requirements;

B.

Is covered with a non-combustible exterior material customarily used on new site-built single family dwellings in the city. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material used need not extend below the top of the foundation;

C.

Have a roof with a pitch of not less than three-inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for site-built single family dwellings in the city.

D.

All roofs shall include roof overhangs of not less than one foot measured from the vertical side of the manufactured home, except where the location of attached structures, such as carports, garages, porches or similar structures precludes the continuation of the overhang.

E.

No manufactured housing unit constructed more than ten years prior to the date of application for installation shall be allowed within any residential district.

(Ord. No. 528, 2-15-2022)

Employee housing providing accommodations for six or fewer employees shall be deemed a dwelling and shall be subject to the permit requirements and development standards and regulations for a family dwelling of the same type in the same zone, as provided by California Health and Safety Code Section 17021.5.

(Ord. No. 528, 2-15-2022)

17.116.030 - Agricultural employee housing.

A.

Agricultural employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household is deemed an agricultural land use, pursuant to California Health and Safety Code Section 17021.6, as amended.

B.

No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of agricultural employee housing, as described in Subsection A, that is not required of any other agricultural activity in the same zone.

C.

The permitted occupancy of agricultural employee housing in any zone allowing agricultural uses includes agricultural employees who do not work on the property where the employee housing is located.

D.

Agricultural employee housing that meets the requirements of California Health and Safety Code Section 17021.8 shall be processed with a streamlined ministerial permit, consistent with the requirements of state law.

(Ord. No. 528, 2-15-2022)

17.116.040 - Emergency shelters.

A.

Emergency shelters are allowed in the R-4 zone with a conditional use permit and in the M-1 and M-2 zones through administrative site plan review.

B.

Emergency shelters are allowed as an accessory use ancillary to churches and places of worship with an administrative site plan review.

C.

Where allowed, emergency shelters are subject to the standards that apply to residential or commercial development in the same zone and are also subject to the following requirements:

1.

Capacity. The facility shall not exceed a maximum of 40 persons served nightly.

2.

Parking. Parking shall be provided to accommodate all staff working in the emergency shelter, provided that the parking requirement does not exceed the parking requirement for other residential or commercial uses within the same zone.

3.

Size and location of exterior and interior onsite waiting areas. The facility shall provide exterior client waiting areas at a ratio of not less than 15 square feet per client and shall provide interior client waiting areas at a ratio of not less than 15 square feet per client. The exterior waiting area shall not be located adjacent to the public right-of-way, shall be located behind a minimum six-foot-tall mature landscaping or a minimum sixfoot-tall decorative masonry wall that separates the waiting area from public view, and shall be located in an area with provisions for shade protection and rain protection.

4.

Size of intake areas. The facility shall provide an intake area of a minimum of 200 square feet.

5.

Onsite management and security. The facility shall provide on-site management 24 hours and shall provide on-site security for all hours that the emergency shelter is in operation, including all times that staff is present. A management plan shall be submitted detailing how the shelter will provide onsite management and security.

6.

Proximity. The emergency shelter shall be at least 300 feet from any other emergency shelter.

7.

Length of stay. The maximum length of stay at the facility shall not exceed 120 days in a 365-day period.

8.

Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/downlit away from adjacent properties and public rights-of-way.

(Ord. No. 531, § 3(Exh. A), 2-7-2023; Ord. No. 528, 2-15-2022)

A.

Transitional and supportive housing shall be permitted consistent with the requirements of Government Code Section 65650 through 65656, as amended.

B.

Supportive housing shall be permitted by right in zones where multifamily and mixed uses are permitted, if the supportive housing project satisfies all of the requirements of Government Code Section 65651 paragraphs (a) and (b), as amended.

C.

If the supportive housing development that is permitted by right in zones allowing multifamily and mixed uses is located within one-half mile of a public transit stop, there is no minimum parking requirement for the units occupied by supportive housing residents.

(Ord. No. 531, § 4(Exh. A), 2-7-2023; Ord. No. 528, 2-15-2022)

17.116.060 - Low barrier navigation centers.

A.

Low barrier navigation centers shall be permitted consistent with the requirements of California Government Code Section 65660 through 65668, as amended.

B.

A low barrier navigation center shall be permitted by right in areas zoned for mixed use and nonresidential zones that permit multifamily uses, subject to the requirements of state law. A low barrier navigation center shall meet the requirements of Government Code Section 65662, as amended, which include:

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

It is linked to a coordinated entry system, which means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

4.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by Section 578.3 of

Title 24 of the Code of Federal Regulations.

C.

Within 30 days of receipt of an application for a low barrier navigation center development, the local jurisdiction shall notify a developer whether the developer's application is complete pursuant to California Government Code Section 65943. Within 60 days of receipt of a completed application for a low barrier navigation center development, the local jurisdiction shall act upon its review of the application.

D.

This section shall remain in effect only until January 1, 2027, or specified later date if amended by Government Code Section 65560 through 65568, and as of that date shall be repealed.

(Ord. No. 528, 2-15-2022)

Chapter 17.118 - DUPLEX AND TWO SINGLE FAMILY UNITS IN SINGLE FAMILY ZONES

Sections:

This chapter establishes standards to accommodate projects proposing a duplex or two single family units in single family zones pursuant to requirements of state law.

(Ord. No. 528, 2-15-2022)

A proposed housing development containing no more than two residential dwellings within a single family residential zone (the R-1a, R-1b, and R-1c zones) shall be considered ministerially through the streamlined ministerial permit process if the proposed housing development meets all of the following requirements:

A.

The parcel satisfies the requirements of requirements specified in paragraph (6) of subdivision (a) of California Government Code Section 65913.4.

B.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

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

3.

Housing that has been occupied by a tenant in the last three years.

C.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with California Government Code Section 7060) of Division 7 of California Government Code Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

D.

The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development unless the site has not been occupied by a tenant in the last three years.

E.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

(Ord. No. 528, 2-15-2022)

A.

Notwithstanding any local law and except as provided in paragraphs (1) and (2), the project shall comply with all applicable objective zoning standards and requirements, including but not limited to Chapter 17.114 if the project proposes two multifamily units.

1.

Zoning and subdivision standards would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area shall not be applied, except that a setback of four feet from the side and rear lot lines shall be required.

2.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

B.

Unit size. One of the two units developed pursuant to this Section shall not exceed 800 square feet in size.

C.

Parking. Parking shall be provided at one space per unit, except that parking requirements shall not be imposed in either of the following instances:

1.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2.

There is a car share vehicle located within one block of the parcel.

D.

Rental term. A rental of any unit created pursuant to this chapter shall be for a term longer than 30 consecutive days.

E.

Accessory dwelling unit. Notwithstanding Government Code Section 65852.2 or 65852.22, an accessory dwelling unit or a junior accessory dwelling unit shall not be permitted on parcels that use both the authority contained within Government Code Section 65852.21 and the authority contained in Section 66411.7.

(Ord. No. 528, 2-15-2022)

A.

A housing development project proposed under this chapter may be denied only if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

B.

An application submitted under this chapter shall not be rejected or denied solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(Ord. No. 528, 2-15-2022)

Chapter 17.120 - STATE DENSITY BONUS AND OTHER INCENTIVES

Sections:

The purpose of this chapter is to implement Government Code Sections 65915 through 65918. In enacting this chapter, it is the intent of the city council to facilitate the development of housing affordable to very low, low, and moderate income households and senior citizens and to implement the goals and policies of the city's general plan housing element.

(Ord. No. 528, 2-15-2022)

A.

Density bonuses and incentives shall be offered by the city pursuant to the provisions of Government Code Chapter 4.3.

B.

Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.

C.

These density bonus and incentives provisions shall be understood to be amended by operation of law in the event and to the extent the state density bonus and other incentives law is amended.

(Ord. No. 528, 2-15-2022)

17.120.030 - Process for approval or denial.

A.

Process for approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The decision-making authority for density bonuses, incentives, and concessions, shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement. The form and content of the density bonus agreement shall be determined by the city.

B.

Approval of density bonus required. The city shall grant the density bonus requested by the applicant provided it is consistent with the provisions of this chapter and state law.

C.

Approval of incentives or concessions required unless denial findings made. The city shall grant the incentive(s) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:

1.

The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

2.

The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3.

The concession or incentive would be contrary to state or federal law.

(Ord. No. 528, 2-15-2022)

Chapter 17.122 - DAY CARE HOMES

Sections:

A.

A family day care home that meets either the small family day care home definition as defined by California Health and Safety Code Section 1596.78(a) or the large family day care home definition as defined by California Health and Safety Code Section 1596.78(b) is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the family day care home.

B.

A family day care home includes a detached single family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses.

(Ord. No. 528, 2-15-2022)

ARTICLE V. - STANDARDS FOR NON-RESIDENTIAL USES Chapter 17.210 - WIRELESS COMMUNICATION FACILITIES

Sections:

Wireless communication facilities shall be subject to the following regulations in this chapter to the extent that such requirements (1) do not unreasonably discriminate among providers of functionally equivalent services, or (2) do not have the effect of prohibiting personal wireless services, as defined by Telecommunications Act of 1996. This chapter establishes standards for placement of telecommunications facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. This chapter also promotes and protects the public safety and public welfare of residents as well as containing regulations to minimize potential impacts of the installation of wireless communication facilities.

(Ord. No. 528, 2-15-2022)

Terms unique to this chapter are provided in Chapter 17.300 (Glossary of terms).

(Ord. No. 528, 2-15-2022)

A conditional use permit is required for the following wireless communication facilities:

A.

Any new telecommunication tower that is not part of a co-location.

B.

Any co-location that increases overall height of an existing tower in order to add antennas.

C.

Any building-mounted or roof-mounted antennas that are not screened from public view.

(Ord. No. 528, 2-15-2022)

An application for the approval of a wireless communication facility shall include the following information, in addition to all other information required by the city for a conditional use permit application as established in Section 17.10.080 (Conditional use permit):

A.

Visual simulations showing what the proposed facility will look like from the surrounding area as viewed from residential properties and public rights-of-way at varying distances, to assist the decision-making authority and the public in assessing the visual impacts of the proposed facility and its compliance with the provisions of this chapter.

B.

A map or description of the service area of the proposed wireless communication facility and an explanation of the need for the facility.

C.

A map showing the locations and service areas of other wireless communication facility sites operated by the applicant and those that are proposed by the applicant that are close enough to affect service within the city. A written explanation of why adjacent existing wireless communication facilities could not be used for collocation shall be required.

D.

Description of proposed approach for screening all wireless communication facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors. Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, and a maintenance plan including an irrigation plan.

E.

Narrative description and map showing the coverage area and location of the provider's existing wireless communication facilities and the proposed coverage area of the specific site that is the subject of the application.

F.

Technical information explaining the reasons that a permit is being sought (e.g., whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area); the reasons that the subject site is considered necessary to accomplish the provider's coverage objectives; and the reasons that the proposed site is the most appropriate location under existing circumstances.

(Ord. No. 528, 2-15-2022)

The following wireless communication facilities are exempt from the requirements of this chapter as specified below, except that wireless communication facilities are subject to compliance with other provisions of this title:

A.

A wireless communication facility shall be exempt from the provisions of this chapter if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provide that the antenna is exempt from local regulation. Such facilities include, but are not limited to, television antennas on residential buildings.

B.

Satellite earth station (SES) antennas, which are two meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any non-residential zoning district. To avoid the creation of an attractive nuisance and to reduce accidental tripping hazards and maximize stability of the SES antenna, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

C.

Parabolic antennas, direct broadcast satellite (DBS) antennas, which are one meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.

D.

Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards:

1.

Height limits. Amateur radio antennas in any district may extend to a maximum height of 75 feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted height when not in operation.

2.

Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five feet from interior property lines.

3.

Tower safety. All antenna(s) shall be located within an enclosed fenced area or have a minimum five-foot high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.

E.

Co-location on an existing telecommunications structure. This co-location is allowed if the structure obtained a conditional use permit after January 1, 2007, and was subject to environmental review and a public hearing.

F.

Antennas placed on a building or roof top that are completely screened from view.

(Ord. No. 528, 2-15-2022)

A.

General development standards. Unless otherwise exempt pursuant to Section 17.210.050 (Exemptions), the following general development standards shall apply to all wireless communication facilities:

1.

All wireless communication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the general plan and this Code, as well as other standards and guidelines adopted by the city, and all applicable state and federal law.

2.

Wireless communication facilities shall be co-located with existing facilities, with other planned new facilities, and with other facilities such as water tanks, light standards, and other utility structures whenever feasible and aesthetically desirable. To facilitate co-location when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable. The applicant shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the site.

3.

At least ten feet of horizontal clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.

B.

Development standards for antennas (excluding amateur radio antennas). Unless otherwise exempt pursuant to Section 17.210.050 (Exemptions), the following development standards shall apply to receiveonly antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this section:

1.

Antenna location. Parabolic antenna and SES shall be ground-mounted in residential zoning districts. In all non-residential zoning districts, building-mounted antenna are preferred. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view on the abutting street rights-of-way (excluding alleys). In all zoning districts, ground-mounted antennas shall be situated as close to the ground as feasible to reduce visual impact without compromising their function and all portions of the antenna shall be set back a minimum of five feet from any property line.

2.

Height limit. The height limit for ground-mounted antenna is six feet. However, the height may be increased to a maximum of 12 feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with Subsection B.3. (Screening). Building-mounted antenna shall not extend above the roofline, parapet wall, or other roof screen or project beyond a maximum of 18 inches from the face of the building or other support structure.

Screening. Ground-mounted antennas shall be screened with a fence, wall, or dense landscaping so that the antenna is not visible from the public right-of-way. Building-mounted antenna shall be screened as follows:

a.

Wall-mounted antennas and ancillary equipment shall be flush-mounted and painted or finished to match the building with concealed cables.

b.

Roof-mounted antennas and ancillary equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall, or other roof screen and by locating the antenna ad far away as physically feasible and aesthetically desirable from the edge of the building.

c.

Color. Antennas shall have subdued colors and be comprised of non-reflective materials which blend with the materials and colors of the surrounding area or building.

C.

Development standards for amateur radio antennas. Amateur radio antennas may exceed the height limit and/or the setback provisions only when such provisions will result in unreasonable limitations on, or prevent, reception or transmission of signals from the amateur radio antennas.

D.

Development standards for tower. The following development standards shall apply to towers (including colocation facilities):

1.

Site design. All wireless communication facilities (including related equipment) shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, camouflage, to be compatible with existing architectural elements, landscape elements, and other characteristics of the site on which they are located. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner/operator's coverage objective. A visual impact analysis is required to demonstrate how the proposed facility will appear from public rightsof-way (including public trails).

2.

Safety design. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way, residential property line, or public trail shall be equal to the height of the facility (tower and related equipment). Otherwise, the minimum setback distance from all other property liens shall be at least equal to 20 percent of the height of the tower. In order to facilitate co-locations, setbacks distance will be waived for placement of antennas on existing towers when there is no increase in the overall height of the tower.

4.

Height limit. The height limit for towers shall be consistent with the maximum building height of the zoning district of the subject parcel. Exceptions to the height limit may be granted when the decision-making authority finds that reasonable alternatives do not exist to provide the necessary service. There is no height limit specified for co-locations on existing structures, provided wireless communication facilities are screened from view of abutting street rights-of-way or camouflaged by matching the color(s) and/or material(s) of the structure to which it is attached.

5.

Lighting. Towers and related equipment shall be unlit except as provided below:

a.

A manually-operated or motion-detector controlled light above the equipment shed door may be provided. Such light shall remain off except when personnel are present on site at night;

b.

The minimum tower lighting required under Federal Aviation Administration regulation; and

c.

Where tower lighting is required, such lighting shall be shielded or directed downward to the greatest extent possible to ensure that such light does not spill over onto abutting properties, especially residential zoning districts or uses.

6.

Landscaping. Where appropriate, wireless communication facilities shall be installed in a manner that maintains and enhances existing landscaping on the site, including trees, foliage, and shrubs, whether or not utilized for screening. Additional landscaping shall be planted around the tower and related equipment to buffer abutting residential zoning districts or uses, and to buffer public trails in accordance with the following standard:

a.

Perimeter of leased area of the wireless communication facility. Landscaping around the perimeter of the facility (e.g., leased area) shall include dense tree and shrub plantings with necessary irrigation. Wireless communication facilities shall be developed with an immediate landscape screen. Trees shall be fastgrowing evergreen species, a minimum of 24-inch box in size. Shrubs shall be a minimum of 15-gallon size

covering a minimum planter area depth of five feet around the facility. Trees and shrubs shall be planted no further apart on center than the mature diameter of the proposed species.

7.

Design/finish. New towers shall be camouflaged whenever possible. If not feasible to camouflage, then the tower and related equipment shall have subdued colors and non-reflective materials that blend with the colors and materials of surrounding areas.

8.

Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning or other required seals or signs.

(Ord. No. 528, 2-15-2022)

A.

Noise. All wireless communication facilities shall comply with the city's noise ordinance.

B.

Non-ionizing electromagnetic radiation (NIER) exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such wireless communication facilities, a potential threat to public health. To this end, no wireless communication facility or combination thereof facilities shall produce, at any time, power densities in any inhabited area that exceed the Federal Communication Commission's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard adopted or promulgated by the city or by the county, state, or federal government.

(Ord. No. 528, 2-15-2022)

In the event that one or more wireless communication facility or any component thereof, including, but not limited to, antennas, towers, or related equipment, are not operated for the provision of wireless telecommunication services for a continuous period of three months or more, such wireless communication facility or component thereof shall be deemed abandoned. The owner, operator, or other person or entity responsible for the wireless communication facility or component thereof shall remove such items within 30 days following the mailing of written notice from the city that removal is required. If two or more providers of wireless telecommunication services use the wireless communication facility or any component thereof,

the period of non-use under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such.

(Ord. No. 528, 2-15-2022)

Chapter 17.220 - TEMPORARY USES

Sections:

The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.

(Ord. No. 528, 2-15-2022)

A.

Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the decision-making authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Section 17.10.040 (Temporary use permit). Additionally, the decision-making authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.10.040 (Temporary use permit).

B.

Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the conditional use permit shall be in accordance with the standards of Section 17.10.080 (Conditional use permits).

(Ord. No. 528, 2-15-2022)

17.220.030 - Temporary use regulations.

A.

Exempt temporary uses. The following temporary uses are exempt from the permit requirements of this chapter, provided that they comply with the development standards listed herein.

1.

Temporary car washes for fundraisers are permitted on any private property in the city, provided the car wash does not cause traffic congestion, disrupt traffic, or pose any threat to public health or safety.

2.

Garage sales are permitted on any parcel where the garage sale operator resides. Garage sales may not exceed three sales per calendar year and two consecutive days for each garage sale.

3.

Fireworks stands are permitted on property in the commercial and industrial zoning districts, provided that the necessary permit(s) are obtained from the fire department and/or other regulatory agencies and a valid business license has been issued, consistent with the requirements of the Ione Municipal Code.

B.

Regulated temporary uses. The following temporary uses may only be established after first obtaining a valid temporary use permit as described in Section 17.220.020 (Permit required).

1.

Construction yards and storage sheds, which are to be used for a period of more than three months, for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Such activity shall be visually screened from the public right-of-way through fencing or other visual screening. The applicant shall provide and implement a security plan to the satisfaction of the city police chief. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.

2.

Expositions, concerts, carnivals, clinics, amusement rides, and flea markets may be conducted for a period not to exceed ten days within a calendar year (either consecutive or intermittent). The use must be located in a district other than agricultural or residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district which qualifies for an exemption pursuant to the business license ordinance (Section 5.06.080, Exemptions, of the City's Municipal Code). Temporary uses of a similar nature when located within an entirely enclosed building are exempt from the permit requirement.

3.

Farmers' market may be permitted in the C-1, C-2, and C-3 zoning districts, provided such markets qualify as certified farmers' market and all producers/vendors qualify as certified producers as defined by the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions limiting the length of the permit, days and hours of operation, and other factors as deemed appropriate in a non-residential zoning district.

4.

Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new business with a valid business license, such outdoor sales and displays of goods shall be limited to a maximum 30-day period within the first 180 days after that business is established. Existing businesses shall be limited to one period not exceeding ten days within a given year. Sales and displays may not occupy more than ten percent of the parking area for that

business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space.

5.

Seasonal sales (e.g., Christmas tree sales, pumpkin sales, etc.) may be permitted in any non-residential zoning district upon issuance of a temporary use permit. The term of the temporary use permit shall not exceed 45 days per calendar year.

6.

Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued for the primary dwelling. Use of the temporary dwelling shall be limited to a maximum of one year.

7.

Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision may be permitted. Parking shall be provided as required by Chapter 17.40 (Parking). In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects of operation may be imposed as part of the temporary use permit as deemed necessary.

(Ord. No. 528, 2-15-2022)

When a temporary use is not specifically listed in this chapter, the city planner shall determine whether the proposed temporary use is similar in nature to permitted uses(s) in Article III, and, if approved, shall establish the term and make necessary findings and conditions for the particular proposed temporary use, consistent with the provisions for Interpretation in Chapter 17.12 (Interpretation).

(Ord. No. 528, 2-15-2022)

Chapter 17.230 - MEDICAL MARIJUANA

Sections:

A.

Legislative findings and statement of purpose.

1.

The city council finds that the prohibitions on marijuana cultivation, marijuana processing and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City of Ione and its community. The prohibition of such activities is within the authority of the City of Ione under state law.

2.

On October 9, 2015, the governor signed the "Medical Marijuana Regulation and Safety Act" ("MMRSA" or "Act") into law. The Act became effective January 1, 2016.

3.

On June 27, 2017, governor Jerry Brown signed SB 94, clarifying and reconciling AUMA and MMRSA, including the local controls.

4.

Local governments are allowed to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program, pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4)).

5.

The Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code Section 19315(a)).

6.

The Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code Section 19316(c)).

7.

Local government that wishes to prevent marijuana delivery activity, as defined in Business and Professions Code Section 19300.5(m) of the Act, from operating within the local government's boundaries, must enact an ordinance affirmatively banning such delivery activity (Business and Professions Code Section 19340(a)).

8.

The city council finds and enacts this chapter for the following purpose:

a.

To prohibit the cultivation of marijuana in the City of Ione, and to not administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana in the city;

b.

To exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter;

c.

To exercise its police power to enact and enforce regulations for the public benefit, safety, and welfare of the community;

d.

To expressly prohibit the cultivation, sale, delivery, and/or dispensing of commercial medical marijuana in the city; and

e.

To place restrictions on the personal cultivation of marijuana.

B.

Definitions. For purposes of this chapter, the following definitions shall apply:

1.

"Marijuana" means any or all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

2.

"Commercial cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis for medical or recreational use, including nurseries, that is intended to be transported, processed, manufactured, distributed, dispensed, delivered, or sold in accordance with the Medical Cannabis Regulation and Safety Act (MCRSA) (AUMA) Adult Use of Marijuana for use by medical cannabis patients or recreational users in California pursuant to (MMRSA) (AUMA) or (MAUCRSA) Medicinal and Adult-Use Cannabis Regulation and Safety Act, found at Section 11362.5 of the Health and Safety Code.

3.

"Marijuana processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.

4.

"Marijuana dispensary" or "marijuana dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as

defined in Business and Professions Code Section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

5.

"Medical marijuana collective" or "cooperative or collective" means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

6.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

C.

Prohibited activities. Commercial marijuana cultivation, marijuana processing and marijuana dispensaries shall be prohibited activities, except where preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the City of Ione and no person shall otherwise establish or conduct such activities in the City of Ione, except where the preempted by federal or state law.

D.

Cultivation for personal use.

1.

Personal use marijuana cultivation shall comply with all state laws and is subject to the provisions contained within this chapter.

2.

Cultivation of marijuana is prohibited outdoors within the City of Ione.

3.

No person under the age of 21 shall possess, plant, cultivate, harvest, dry, or process cannabis plants.

4.

Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

5.

Cultivation areas, including but not limited to residential and accessory structures, shall comply with the following requirements:

a.

Marijuana cultivation shall not adversely affect the health, safety, or general welfare of persons at the cultivation site or at any nearby residence by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of hazardous materials, processes, products or wastes, or by any other way. The cultivation of marijuana shall not subject residents of neighboring parcels who are of normal, sensitivity to reasonably objectionable odors.

b.

All new structures used or intended for use in indoor cultivation shall submit complete construction plans for review to the building department, obtain building permits, and obtain required building inspections and a final certificate of occupancy prior to the start of any indoor cultivation activities.

c.

All electrical, mechanical, and plumbing used for cultivation of marijuana shall be installed with valid electrical, mechanical, and plumbing permits issued and inspected by the City of Ione Building Department, which building permits shall only be issued to the legal owner of the parcel.

d.

Living plants and any cannabis produced by the plants in excess of 28.5 grams kept within the person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), shall be stored in a locked space, and not visible by normal unaided vision from a public place.

e.

All structures used for cultivation of marijuana shall contain adequate ventilation, air filtration and odor control filters to prevent odor, mold and mildew in any area used for cultivation or which is used as, designed or intended for human occupancy, or on adjacent parcel. Indoor grow lights shall not exceed 1,200 watts (1,200W) and shall comply with the California Building, Electrical and any applicable Fire Codes. Gas products (including, without limitation, C02, butane, propane and natural gas), or generators shall not be used within any structure used for indoor cultivation. Grow light systems associated with cultivation shall be shielded to confine light and glare to the interior of the structure and shall conform to all applicable building and electrical codes. Lights used indoors shall not interfere with the use of any radio or other communication devices.

f.

Any lights used for the cultivation of marijuana shall be shielded or otherwise positioned in a manner that will not shine light outside of the structure in which the cultivation occurs and shall comply with the requirements of the Ione City Code and provisions of state law.

g.

The cultivation of marijuana shall not exceed the noise level standards as set forth in city code.

h.

If the person(s) cultivating marijuana on any legal parcel is/are not the legal owner(s) of the parcel, the person(s) who is/are cultivating marijuana on such parcel shall, (a) give written notice to the legal owner(s) of the parcel prior to commencing cultivation of marijuana on such parcel, and (b) shall obtain a signed and notarized letter from the legal owner(s) consenting to the cultivation of marijuana on the parcel. The person(s) cultivating marijuana shall obtain this written letter of consent from the legal owner prior to cultivating marijuana on the parcel and at least annually thereafter. A copy of the most current letter of consent shall be displayed immediate area in such a manner as to allow law enforcement officers to easily see the letter of consent without having to enter any building of any type. The person(s) cultivating marijuana shall maintain the original letter of consent on the parcel at which marijuana is being cultivated and shall provide the original letter to the enforcement officer for review and copying upon request. The chief of police may prescribe forms for such letters.

i.

The use of hazardous materials for and/or in association with the cultivation of marijuana, except for limited quantities of hazardous materials that are below State of California threshold, is prohibited. Any hazardous materials stored shall maintain a minimum setback distance of 100 feet from any private drinking water well, spring, water canal, creek or other surface water body, and 200 feet from any public water supply well or source. The production of any hazardous waste as part of the cultivation process shall be prohibited.

j.

All parcel used for the cultivation of marijuana shall have a legal and permitted water source on the parcel and shall not engage in unlawful or unpermitted diversion or drawing of surface water or permit illegal discharges of water from the parcel.

k.

New structures used for the cultivation of marijuana shall meet all of the following criteria:

i.

The structure, regardless of size, shall be legally constructed in accordance with all applicable development permits and entitlements including, but not limited to, grading, building, structural, electrical, mechanical and plumbing permits approved by applicable federal, state and local authorities prior to the commencement of any cultivation activity. The conversion of any existing structure, or portion thereof, for cultivation shall be subject to these same permit requirements and must be inspected for compliance by the applicable federal, state and local authorities prior to commencement of any cultivation activity.

ii.

The structure shall not be built or placed within any setback as required by the City Code or approved development permit or entitlement.

iii.

The structure shall be equipped with permanently installed and permitted electricity, and shall not be served by temporary extension cords. Electrical wiring conductors shall be sized based on the current California Electrical Code with anticipated loads identified.

iv.

The structure shall be equipped with a permanently installed and permitted odor control filtration and ventilation system adequate to prevent any odor, humidity, or mold problem within the structure, on the parcel, or on adjacent parcels.

v.

If the structure is a greenhouse, the panels shall be of glass or polycarbonate and should be opaque for security and visual screening purposes. Where the greenhouse panels are not obscure, the greenhouse shall be screened from view by a solid fence.

l.

Nothing herein shall limit the ability of the chief building official or designee, fire marshall or designee, or any other state or local employees or agents from entering the property to conduct the inspections authorized by or necessary to ensure compliance with this chapter, or the ability of the chief of police to make initial inspections or independent compliance checks. The chief of police is authorized to determine the number and timing of inspections that may be required.

m.

Marijuana cultivated in violation of this section shall be subject to administrative penalties, fines and cost of enforcement set out in Chapter 1.10 of Ione City Code.

n.

Enforcement of this code shall require an inspection warrant issued by the Amador Superior court to enter upon private property if the cultivation site is not in plain view from a legal vantage point by enforcement officer. Fourth amendment protections shall not be abridged by enforcement officers and warrants will be obtained where required.

D.

Public nuisance. Any violation of this chapter is hereby declared to be a public nuisance.

E.

Violations. Any violation of this chapter shall be punishable as provided in Chapter 1.10 of this Code or any successor section thereto.

F.

Constitutionality/Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted the ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. No. 528, 2-15-2022)

ARTICLE VI. - GLOSSARY Chapter 17.300 - GLOSSARY OF TERMS

Sections:

The purpose of this chapter is to provide general definitions of the terms and phrases used in the Code that are technical or specialized in an effort to ensure consistency in the interpretation of the zoning code. Definitions are organized alphabetically.

(Ord. No. 528, 2-15-2022)

Abandoned advertising display or abandoned sign. Any display or sign remaining in place or not maintained for a period of 90 days, which no longer identifies an ongoing business, product or service available on the premises where the display or sign is located or where the building, business or establishment to which the display or sign is related has ceased operation. For purposes of this definition, abandonment for the applicable period shall be deemed conclusive evidence of abandonment regardless of the property, business or sign owner's intent.

Accessory structure. A detached structure or building which is subordinate to, and the use of which is subordinate to, and whose use is customarily incidental to, that of the primary structure, structure, or use on the same or attached/adjacent lot. An ADU is not an accessory structure. There are five kinds of accessory structures, as follows:

1.

Accessory building. A detached structure ten square feet in size or greater. Such structures are broken down into one of the following three categories:

a.

Fully enclosed. Structures that are enclosed with walls for at least 50 percent of the perimeter of the building. These include but are not limited to garages, greenhouses, poolhouses, restrooms, sunrooms, workshops, storage sheds, barns, windmills, water towers, and other agricultural outbuildings, but do not include accessory dwelling units;

b.

Limited/No enclosure. Structures that are substantially open on all sides (less than 50 percent of the perimeter is enclosed), including:

i.

With solid roofs. These include but are not limited to carports, solid roofed patio covers and gazebos, and lean-tos and similar agricultural outbuildings with solid roof construction; and

ii.

With substantially open roofs. These include trellis patio covers, arbors, pergolas, and similar structures constructed with a lattice-like roof structure. For purposes of this definition "substantially open" shall mean a minimum of 50 percent of the covered area is open to light and air.

2.

Landscape feature. A detached decorative structure that is placed outside of any other structure. Such features are sometimes used in conjunction with plant materials for aesthetic enhancement. This definition includes trellises and vertical lattice structures less than ten square feet in size, statues, fountains/water features, and similar features.

3.

Pool/Spa. As defined in the city-adopted building code, any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs, and spas. Also includes incidental equipment and housing (e.g., pumps, heating equipment, etc.).

4.

Deck. An exterior floor supported by posts, piers, or other independent supports. As an accessory structure, a deck is not supported by an adjacent structure.

5.

Play equipment. Any structure used for recreational purposes including play structures, jungle gyms, and swings, as defined in the California Building Code.

Accessory use. A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.

Adult bookstore. An establishment that has 25 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes,

records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult cabaret. An establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

Adult entertainment material. Means any audio tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment merchandise. Means adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Adult hotel/motel. Means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other

photographic reproductions 25 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

Adult motion picture theater. An establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

Adult retail store. An establishment that, for any form of consideration, as a regular and substantial course of conduct (25 percent or more of the stock) offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise, or both.

Affordable housing costs. Housing expenses, including a reasonable allowance for principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities (30 percent of gross monthly income), for owner-occupied target units reserved for the following include households, not exceeding the following calculations:

1.

Extremely low income households: 30 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

2.

Very low income households: 50 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

3.

Lower income households: 70 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

4.

Moderate income households: 110 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

Affordable rent. Monthly housing expenses, including a reasonable allowance for utilities (30 percent of gross monthly income), for rental target units reserved for the following income households, not exceeding the following calculations:

1.

Extremely low income households: 30 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

2.

Very low income households: 50 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

3.

Lower income (low income) households: 60 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

4.

Moderate income households: 110 percent of the area median income for Amador County, adjusted for household size, multiplied by 30 percent.

A-Frame sign. A sign made of wood, cardboard, plastic or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable. See Figure 17.300.020-1 (Aframe sign).

Figure 17.300.020-1: A-frame Sign

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Alley. A public way permanently reserved as a secondary means of access to abutting property.

Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable. An antenna shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support; such elements are deemed to be a part of the antenna.

a structure, or is portable or movable. An antenna shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support; such elements are deemed to be a part of the antenna.

Antenna, amateur radio. Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Antenna, directional (also known as a panel antenna). An antenna that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.

Antenna, building-mounted. Any antenna, directly attached or affixed to a building, tank, tower, or other structure. Building-mounted antenna are identified in two distinct categories herein as follows:

1.

Wall-Mounted. Attached or affixed to the elevation of the structure.

2.

Roof-mounted. Attached or affixed to the rooftop or top of the structure.

Antenna, ground-mounted. Any antenna with its base (either single or multiple posts) placed directly on the ground or a mast 12 feet or less in height and six inches in diameter.

Antenna, parabolic (also known as satellite dish antenna). Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is

used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters. This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.

Antenna, receive-only. An antenna for the reception of radio and television signals, without transmitting capabilities, and may include pole or dish types of antennas.

Antenna structure. Any structure, including a pole, mast, or tower, whether free-standing or mounted on another building or structure, that supports an antenna or an array of antennas.

Basement. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above which is partly below grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to the floor above.

Beacon or spotlight. Any structure or equipment emitting laser light or light with one or more beams (whether stationary or moving) that are directed into the atmosphere or at one or more points not on the same lot as the light source.

Blade/bracket sign. A small, pedestrian-oriented sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign). See Figure 17.300.020-2 (Bracket Sign) and Figure 17.300.020-3 (Blade Sign).

Figure 17.300.020-2: Bracket Sign

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Figure 17.300.020-3: Blade Sign

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Buildable area. The area of a lot that is not the required yard area.

Buildable portion of a lot or buildable yard area. That portion of a lot that is not in the required yard area.

Building. Any structure having a roof, columns, walls, and a foundation.

Building frontage, primary. The building frontage that faces the street. In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. (See Figure 17.300.020-4 (Building frontage and primary building frontage)). For multi-tenant buildings, ground floor tenants may have their primary frontage determined independently of the rest of the building based upon the aforementioned rules.

Figure 17.300.020-4: Building Frontage and Primary Building Frontage

==> picture [405 x 264] intentionally omitted <==

Building height. The vertical distance from the average finished ground level of the site to the highest point of the structure.

Building sign. A sign placed on a wall, awning, canopy, parapet, or a projecting sign.

Building site. The ground area of a building or group of buildings together with all open spaces as required by this title.

Can sign. A sign which contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. It specifically does not include the sign cabinet that is part of a freestanding sign. See Figure 17.300.020-5 (Can sign).

Figure 17.300.020-5: Can Sign

==> picture [327 x 240] intentionally omitted <==

Canopy sign. Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover (excluding a marquee) over a door, entrance, window or outdoor service area.

Carport. A permanent roofed structure with not more than two enclosed sides used, or intended to be used, for automobile shelter or storage.

Changeable copy sign. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face or surface of the sign. A sign on which the message or characters change more than 12 times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title. See Figure 17.300.020-6 (Changeable copy sign).

Figure 17.300.020-6: Changeable Copy Sign

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Channel letter. A sign comprised of individual letters that are independently mounted to a wall or other surface and internally illuminated with a covered face. The "air space" between the letters is not part of the sign structure but rather the building facade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements. See Figure 17.300.020-7 (Channel letter sign).

Figure 17.300.020-7: Channel Letter Sign

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Child care facility. A facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended day care facilities, or school age child care centers as defined in this title.

City facility. Any building or property owned by the City of Ione and open to the public. This definition includes, but is not limited to, Howard Park and its various components, such as Evalynn Bishop Hall, Ed Hughes Memorial Arena, and the stables.

City manager. The city manager of the City of Ione or his or her designee. In the case of the street banner program, special event signage, or long-term signage at city facilities, "city manager" shall mean the city manager of the City of Ione or any other person authorized by the city council to approve street banner programs, special event signage, or long-term signage at city facilities.

City planner. The city planner means the city planner of the City of Ione or his or her designee, or any other person authorized by city council to enforce and interpret this title.

City property. Land or other property in which the City of Ione holds a present right of possession and control, plus all public rights-of-way, plus public parks, regardless of ownership. Schools, even if publicly owned or operated, are not within this definition.

Clear vision triangle. The required clear cross-visibility area unobstructed by any structure or landscape between 30 inches and seven feet above the surface of the public sidewalk, or in the event that no public sidewalk has been installed, such area necessary to meet the intent of this section, as determined by the city's public works department, as follows (See Figure 17.300.020-8: Clear Visibility Triangle):

1.

At any corner formed by the intersection of a driveway/alley and street, the cross-visibility area shall be a triangle having two sides ten feet long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the two ends.

2.

At any corner formed by the intersecting streets, the cross-visibility area shall be a triangle having two sides 20 feet long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the two ends.

Figure 17.300.020-8: Clear Visibility Triangle

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Club. An association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business.

Co-location. A wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure, or property as another wireless communication facility owned or operated by a different communication service provider.

Commercial mascot. A human, live animal, or inanimate object used as a commercial advertising or signaling device.

Commercial message. Any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity.

Complete independent living facility. A facility which provides permanent provisions for living, sleeping, eating, cooking, and sanitation, including the following, at a minimum:

1.

Sink with hot and cold running water;

2.

Range or stove-top and oven;

3.

Refrigerator/freezer;

Counter space for food preparation; and

5.

Built-in dish and utensil storage spaces.

Construction sign. A temporary sign directly connected with a construction project and may include the construction company's name, addresses, and/or telephone number.

Copy. The words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.

Density bonus. A density increase over the otherwise maximum allowable residential density under the applicable zoning district and land use element of the general plan.

Density bonus housing agreement. A legally binding agreement between a developer and the city to ensure that the requirements of Chapter 17.120 (Density bonus and other incentives) are satisfied.

Density bonus units. Those residential units granted pursuant to the provisions of Chapter 17.120 (Density bonuses and other incentives) which exceed the otherwise maximum residential density for the development site.

Direct Broadcast Satellite Service (DBS). A system in which signals are transmitted directly from a satellite to a small home receiving dish.

Directional sign. Any sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area.

Directory sign. A pedestrian-oriented sign that identifies or lists the names and locations of tenants at a multi-tenant site.

Dwelling, primary unit. An existing single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household.

Dwelling, second unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats, and efficiency units as defined by Section 179581 of the Health and Safety Code.

Electromagnetic wave. An electrical wave propagated by an electrostatic and magnetic field of varying intensity.

Electronic message sign. An electronic sign, typically comprised of a liquid crystal diode (LCD), light emitting diode (LED), plasma, or other digital illuminated display that contains one or more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates

the message, rather than an internal or external light source illuminating the message. See Figure 17.300.020-9 (Electronic message sign).

Figure 17.300.020-9: Electronic Message Sign

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Equivalent financial incentive. A monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:

1.

A density bonus and an incentive or concession; or

2.

A density bonus, where an incentive or concession is not requested or is determined to be unnecessary.

Family. One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.

Field. The part of the sign with no letters or logos.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

Foot candle. A unit of illumination produced on a surface, all points of which are one foot from a uniform point of one candle.

Freestanding sign. A permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Freestanding signs include, but are not limited to, monument signs, pole signs, and pylon signs.

Future tenant identification sign. A temporary sign not exceeding 32 square feet in area that identifies a future use of a site or building.

Garage. A building, or portion of a building in which motor vehicles used by the occupants or tenants of the primary structure or buildings on the premises are stored or kept.

Gas pricing signs. Signs identifying the brand, type, octane rating, etc., of gasoline for sale, as required by state law.

Ghost sign. A term for old hand-painted advertising or signage that has been preserved on a building for an extended period of time, whether by active preservation or by choosing not to destroy it.

Ghost sign, new. Hand-painted advertising or signage that has been treated to give it an aged or weathered appearance. The signage recognizes an establishment (or goods that are sold) located at or on the same premises as the new ghost sign.

Glare. Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.

Grade. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation on the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In cases where walls and fences are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign, or in the case of a pole support, the lowest point of elevation of the finished surface of the ground at the supports.

e parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign, or in the case of a pole support, the lowest point of elevation of the finished surface of the ground at the supports.

Grade, existing. The natural grade in place prior to the preparation of property for development. For individual recorded lots, existing grade shall mean natural grade or the grade established as a part of the development of the subdivision.

Grade, finish. The final contour of the ground surface of a site that conforms to the approved grading plan.

Home occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.

Housing development. One or more groups of projects for residential units constructed in the city. For purposes of density bonus, this also includes a subdivision or common interest development as defined in Section 1351 of the Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate or convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units. For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

Incentive and concession. Means such regulatory concessions as specified in subdivision (I) of Government Code Section 65915 which include, but are not limited to, the following:

1.

The reduction of site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable financially sufficient and actual cost reductions.

2.

Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3.

Direct financial assistance.

4.

Other regulatory incentives or concessions which result in identifiable cost reductions or avoidance.

Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign and includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs, which are separately defined.

Inflatable balloon sign. A sign consisting of balloons, inflatables, or similar air, helium or hydrogen filled materials, including balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention.

Logo. A proprietary graphic used as an identifying mark of a company, business, or organization. For purposes of this title, logos shall be limited to registered trademarks.

Lot. A parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the county recorder, or a parcel of real property abutting upon at least one public street and held under separate ownership prior to the effective date of this title.

Lot area. The total horizontal area within the lot lines of a lot.

Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. See Figure 17.300.020-10 (Corner lot).

Figure 17.300.020-10: Corner lot

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Lot depth. The horizontal distance between the front and rear property lines measured along a line midway between the side property lines.

Lot, double frontage. A lot having frontage on two parallel or approximately parallel streets. See Figure 17.300.020-11 (Double frontage lot).

Figure 17.300.020-11: Double frontage lot

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Lot, flag. A parcel of land shaped like a flag; the staff (access corridor) is a narrow strip of land providing vehicular and pedestrian access to the street with the bulk of the property lying to the rear of other lots. See Figure 17.300.020-12 (Flag lot).

Figure 17.300.020-12: Flag lot

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Lot frontage. That portion of a lot that abuts a street right-of-way or other principal means of access thereto.

Lot, interior. A lot other than a corner lot. See Figure 17.300.020-13 (Interior lot).

Figure 17.300.020-13: Interior Lot

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Lot, key. The first interior lot to the rear of a reversed corner lot, whether or not separated by an alley.

Lot, reversed corner. A corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot line, front. The property line dividing a lot from a street. The front lot line shall be that narrowest property line which abuts a public street (see Figures 17.300.020-10 and 17.300.020-13). In the case of a flag lot, it shall be property line that abuts the access corridor (see Figure 17.300.020-12). In the case of lots along culs-de-sac, elbows, or other similar roadways where the property does not comply with the

minimum frontage requirements of this title, the front property line for purposes of determining setbacks shall be measured from an imaginary line drawn parallel to the property line along the street and with a minimum length equal to the minimum frontage (see Figure 17.300.020-14).

Lot line, rear. The line opposite and most distant from the front lot line and most parallel to the front lot line. See Figures 17.300.020-10, 12, 13, and 14 for examples of a common rear property line and see Figure 17.300.020-15 for an example of a rear property line on an irregular shaped lot where the rear property line is not exactly parallel to the front property line. In the case of an irregular, triangular, or gore-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Figure 17.300.020-14 Lot Lines (lots along culs-de-sac, elbows, or other roadways)

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Figure 17.300.020-15 Lot Lines—Irregular Lots

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Lot line, side. Any lot line other than the front lot lines or rear lot lines.

Lot line, street side. A side lot line that abuts a public street.

Lot width. The horizontal distance between side lot lines, measured at the required front setback line.

Lower income household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50079.5.

Marijuana. Cannabis, cannabis products, tetrahydrocannabinol (THC), THC products, and all other derivatives, whether natural or synthetic, including (i) all products or goods however administered, taken or consumed, which contain any amount of cannabis or THC, whether natural or synthetic, and (ii) all cannabis products and THC products used for medicinal or recreational purposes.

Marijuana cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

Marijuana delivery. The transfer of marijuana or marijuana products, whether for recreational or medicinal purposes, from a dispensary, testing facility, or other source to a qualified patient, designated care giver or other recipient.

Marijuana dispensary. A facility or structure where marijuana is offered for sale, whether for medicinal or recreational use.

Marijuana related land use. The use of land (whether public or private) or a facility or structure, to cultivate, manufacture, or test marijuana as that term is defined in this chapter, or the dispensing, delivering, or transporting of marijuana on, over or through any land within the city, including but not limited to one or more of the following uses specifically defined herein: marijuana cultivation, marijuana delivery and marijuana dispensaries.

Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.

Marquee sign. Any sign attached in any manner to, or made a part of, a marquee.

Maximum allowable residential density. The maximum number of residential units permitted by the city's zoning code at the time of application.

Menu/order board sign. A sign installed at a drive-through facility and oriented so as to be visible primarily by drive-through customers.

Moderate income household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50093.

Monument sign. A freestanding sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a "pole sign" or a "pylon sign." See Figure 17.300.020-16 (Monument sign).

Figure 17.300.020-16: Monument Sign

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Multi-tenant center. A property or combination of properties containing three or more separate tenants that share common parking, driveway, and access areas.

Mural. A non-commercial message expression of public art executed directly on a wall (fresco) or done separately and affixed to it.

NIER. A non-ionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).

Non-commercial sign. A sign that displays non-commercial speech, e.g., commentary or advocacy on topics of public debate and concern.

Nonconforming building. A building or structure, or portion thereof, conflicting with the provisions of this title applicable to the zone in which it is situated.

Nonconforming sign. A sign lawfully erected that does not comply with the provisions of this title.

Nonconforming use. The use of a structure or premises conflicting with the provisions of this title.

Non-restricted unit. All units within a housing development, excluding the target units.

Objective standards. Objective standards, including "objective zoning standards," "objective subdivision standards," and "objective design review standards", mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Occupancy, change of. A discontinuance of an existing use and substitution therefore of a use of a different kind or class.

Occupied. Includes arranged, designed, built, altered, converted, rented, or leased, or intended to be occupied.

Off-site or off-premise sign. A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include, but is not limited to, billboards, posters, panels, painted bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages:

1.

A permanent structure sign which is used for the display of off-site commercial messages;

2.

A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or

3.

An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign), in exchange for a rent, fee, or other consideration.

On-site or on-premise sign. A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple tenant commercial or industrial development, a sign is considered on-site whenever it is located anywhere within the development. In the case of a duly approved uniform sign program, a sign anywhere within the area controlled by the program may be considered on-site when placed at any location within the area controlled by the program.

Open space, landscaped. All landscaped areas within a development project. Such areas shall include all usable private and semi-private open space and all additional landscaped areas, including street frontages, entry monuments, uncovered walkways, landscaped areas and areas determined by the city to be of a similar nature.

Open space, usable private. An outdoor area, including patio and balcony, that is designed and used for recreation, outdoor living and enjoyment by the residents of a specific dwelling unit. Such areas shall be enclosed by a fence of no less than four feet in height and shall have no width or depth dimension less than six feet. Private open space areas shall extend at least four feet beyond any roof, eaves and overhang, or second story extensions.

ng patio and balcony, that is designed and used for recreation, outdoor living and enjoyment by the residents of a specific dwelling unit. Such areas shall be enclosed by a fence of no less than four feet in height and shall have no width or depth dimension less than six feet. Private open space areas shall extend at least four feet beyond any roof, eaves and overhang, or second story extensions.

Open space, usable semi-private. An outdoor area that is designed and used for recreation and enjoyment by the residents of a development project. Such areas shall be located fully within the subject development project, shall be separated from public vehicle circulation and shall include landscaping and improvements as determined appropriate by the city, and shall have no width or depth dimension less than 15 feet.

Painted sign. A sign that is comprised only of paint applied on a building or structure.

Permanent sign. A sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than 120 days.

Permanent window sign. A sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of a window or otherwise easily visible from the exterior of a building.

Person. Any individual, firm, co-partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any group or combination acting as a unit.

Persons and families of moderate income. Means households whose income does not exceed the moderate limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50093 of the California Health and Safety Code.

Pole sign. A freestanding sign in excess of six feet in height which is detached from a building and is supported by one or more structural elements that are either: a) architecturally dissimilar to the design of the sign; or b) less than one-quarter the width of the sign face. Pole signs less than six feet in height are prohibited. See Figure 17.300.020-17 (Pole sign).

Figure 17.300.020-17: Pole Sign

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Political sign. A sign erected prior to (and may exist after) an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.

Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels; A-frame signs; menu and sandwich board signs; and umbrellas used for advertising. Clothing or other aspects of personal appearance are not within this definition.

Projecting sign. A sign attached to and extending outward from the face of a building. A projecting sign includes, but is not limited to, a blade sign, bracket sign, or marquee sign.

Push pin letter sign. A sign comprised of individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting. The "air space" between the letters is not part of the sign structure but rather the building facade. See Figure 17.300.02018 (Push Pin Letter Sign).

Figure 17.300.020-18: Push Pin Letter Sign

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Pylon sign. A freestanding sign in excess of six feet in height that is detached from a building and is supported by one or more structural elements that are architecturally similar to the design of the sign. Pylon signs less than six feet in height are prohibited. See Figure 17.300.020-19 (Pylon sign).

Figure 17.300.020-19: Pylon Sign

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Qualifying senior resident. Senior citizens or other persons eligible to reside in a senior citizen housing development, as described in Section 51.3 of the California Civil Code.

Real estate sign. A temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent.

Related equipment. All equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.

Religious institutions. Facilities organized and operated by religious organizations, holding either tax exempt status under section 501(c)(3) of the Internal Revenue Code or under California state property tax law, for worship, or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (e.g., recreational camp) are classified according to their respective activities.

Reverse channel letter sign. A sign comprised of individual letters that are independently mounted to a wall or other surface, with lights mounted behind the letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "air space" between the letters is not part of the sign structure but rather the building facade. See Figure 17.300.020-20 (Reverse channel letter sign).

Figure 17.300.020-20: Reverse Channel Letter Sign

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Right-of-way line. The future right-of-way line or plan lines of any highway or street as shown on the current circulation plan roadway system and sizing map of the city's general plan.

Roof sign. A sign erected, constructed, painted or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.

Satellite Earth Station (SES). A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.

Senior citizen housing development. A residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units and complies with the requirements of California Civil Code Section 51.3.

Setback. The minimum distance between a structure and a property line of the lot measured at a right angle from the designated property line.

Sexually explicit nature. Means and includes an emphasis upon specified anatomical areas and specified sexual activities, including but not limited to the following:

1.

Specified anatomical areas.

a.

Less than completely and opaquely covered by fabric: (i) human genitals or pubic region; (ii) human buttocks; (iii) human anus; or (iv) the female breast below a point immediately above the top of the areola;

b.

Human male genitals in a discernible turgid state, even if completely or opaquely covered by any type of fabric or covering, including natural or synthetic fibers and filaments, paper, metallic, or plastic materials; and

c.

Any device, costume, or covering that stimulates any of the body parts included in subdivisions (a) through (b) above.

2.

Specified sexual activities.

a.

The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast;

b.

Sex acts, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or stimulated;

d.

Excretory functions as part of or in connection with any of the other activities described in subdivision (a) through (c) above.

Special needs population. Persons identified as having special needs related to any of the following:

1.

Physical disabilities;

2.

Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;

3.

The risk of homelessness; or

4.

Persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code.

Sign. Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a "sign":

1.

Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located at least three feet from the window on the interior of the structure;

2.

Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);

3.

Symbols embedded in architecture. Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones;

4.

Personal appearance. Items or devices of personal apparel, decoration or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots);

5.

Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

6.

Fireworks, candles, and artificial lighting. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this title;

7.

Mass transit graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the city;

8.

Vehicle and vessel insignia. As shown on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

9.

Grave stones and grave markers;

10.

News racks and newsstands;

11.

Shopping carts, golf carts, and horse drawn carriages;

12.

Vending machines that do not display offsite commercial messages or general advertising messages;

13.

Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way;

14.

Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages.

Sign face. That area or portion of a sign on which copy is intended to be placed.

Sign ordinance. Chapter 17.42 (Signs on city property) of the Ione Municipal Code.

Special event signage. Signage associated with a permitted special event at a city facility (e.g., Howard Park).

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

Story, half. A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

Street. A public thorough-fare which affords the principal means of access to abutting property.

Street banner. A temporary secured banner to be located along or over designated streets or displayed on a utility pole located in a public right-of-way as approved by the city.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but does not include fences or walls used as fences less than six feet in height.

Subdivision directional sign. A temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales signs are included within the definition of real estate sign.

Subdivision, permanent identification sign. A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long-lasting, weather-resistant materials such as stone or metal.

Supportive services. Services that include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

Target population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Target unit. A dwelling unit within a qualifying housing development which will be reserved for sale or rent to, and affordable to, a specific income household, or qualifying senior residents.

Temporary promotional sign. Any flag displaying a commercial/promotional message, pennant, streamer, banner, beacon, bunting material, or other similar non-permanent sign made of paper, cloth, canvas, lightweight fabric or other non-rigid material, with or without frames, whether displayed as freestanding, wallmounted, pole-mounted, window-mounted or painted, or any other method of attachment, or beacon, which is intended to be displayed for a limited period of time.

Temporary sign. A structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools, and which is not intended or suitable for long term or permanent display (e.g., less than 120 days), due to the lightweight or flimsy construction materials. Examples include, but are not limited to, A-frame signs, banners, pennants, streamers, or similar nonpermanent signs made of paper, cloth, canvas, light-weight fabric, or other non-rigid material, with or without frames.

t common hand tools, and which is not intended or suitable for long term or permanent display (e.g., less than 120 days), due to the lightweight or flimsy construction materials. Examples include, but are not limited to, A-frame signs, banners, pennants, streamers, or similar nonpermanent signs made of paper, cloth, canvas, light-weight fabric, or other non-rigid material, with or without frames.

Tower. A mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground-mounted structures 12 feet or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches in diameter supporting one or more antenna, dishes, arrays, or other associated equipment.

Traditional public forum. The traditional public forum areas in the City of Ione shall specifically be Howard Park; the area outside of city hall and the council chambers including that portion of Main Street in front of city hall and that portion of North Church Street along city hall between Main Street and Sutter Creek and including Train Park; and Heath Knoll at the intersection of Sutter Lane and Preston Avenue. In consultation with the city attorney, the city planner shall interpret this phrase in light of relevant court decisions.

Uniform sign program. An integrated, visual and/or written description of the signs to be placed on a building or grouping of buildings for the purpose of aesthetic uniformity in sign design, construction and placement.

Use. The purpose for which land or building is designed, arranged or intended, of for which either is or may be occupied or maintained.

Very low income household. Households whose income does not exceed the qualifying income limits for very low income households applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50105 of the California Health and Safety Code.

Void rule. When the sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the sign shall be measured as 75 percent of the area of the sign copy (height of the letters times the length of each line of letters, e.g., length × height × 75 percent). This practice shall be known as the void rule.

Wall sign. A sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall.

Weekend directional stake sign. A sign, customarily displayed on the weekends, measuring less than nine square feet in area, mounted on a wooden stake, and identifying the location and name of a new home sales location/subdivision.

Window sign. Any sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.

Wireless communication facility. Any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology,

personal communications services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structures for the support of such facilities, associated buildings or cabinets to house support equipment, and other accessory structures or development. A wireless communication facility is a type of telecommunications facility.

Yard. An open space, other than a court, on a lot, unoccupied, and unobstructed from the ground upward, except as otherwise provided in this title. Types of yards include the following:

1.

Yard, front. A yard extending across the full width of the lot between the front of the primary structure and the front lot line. The depth of the required front yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the front lot line.

2.

Yard, rear. A yard extending across the full width of the lot between the most rear primary structure and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the primary structure toward the nearest point of the rear lot line.

3.

Yard, side. A yard between a building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the closest building.

4.

Yard, side street. A yard, between a building and the side lot line adjacent to the street right-of-way, extending from the front yard to the rear yard. The depth of the required side street yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the side lot line adjacent to the street.

Yard area, actual. The actual yard area of a lot is the horizontal area between the property line and a parallel line along the nearest structure located outside of the required setback area. See Figure 17.32.020-5 (Yard area).

Yard area, required. The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to Article II (Zoning districts, allowable uses, and general development standards). See Figure 17.300.020-21 (Yard area).

Figure 17.300.020-21: Yard area

==> picture [493 x 252] intentionally omitted <==

(Ord. No. 531, § 4(Exh. A), 2-7-2023; Ord. No. 528, 2-15-2022)

Chapter 17.310 - ALLOWED USE DEFINITIONS

Sections:

The purpose of this chapter is to provide descriptions for each of the land use categories used in this title. Descriptions are grouped by general category on the basis of function, product, or compatibility characteristics as used in Article II (Zoning districts, allowed uses, and development standards).

(Ord. No. 528, 2-15-2022)

Accessory dwelling unit (ADU). An attached or 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. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. An ADU shall be considered an accessory use.

Adult day care facility. State-licensed facilities that provide non-medical care and supervision for more than six adults for periods of less than 24 hours, with no overnight stays.

Adult day care home. Defined by state law as the provision of non-medical care to six or fewer adults, including seniors, in the providers own home, for a period of less than 24-hours at a time. Homes serving more than six adults are included in "adult day care facility."

Adult oriented business. Any business that, for any form of consideration, as a regular and substantial portion of conduct offers its patrons products, merchandize, services, or entertainment that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of 18 years. A regular and substantial portion of conduct shall mean any of the following:

1.

That 25 percent or more of the business's gross revenue is derived from merchandise, services, or entertainment that is of a sexually explicit nature;

2.

That 25 percent or more of the floor space of the area of the building open to the public is used for the display of products, merchandise, services, or entertainment that is of a sexually explicit nature.

Agricultural employee housing. Housing accommodation or property that meets the definition of employee housing in California Health and Safety Code Section 17008 and is provided for use by agricultural employees, as defined by subdivision (b) of Section 1140.4 of the California Labor Code.

Agricultural products processing. The act of changing an agricultural crop after harvest, from its natural state to the initial stage of processing in order to prepare it for market and for further processing at an offsite location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.

Agricultural tourism. Establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include but are not limited to wineries with tasting rooms and permanent road-side crop stands or fruit stands.

Airport. An airport is a facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings. This includes the transference of freight from one aircraft to another, or from one aircraft to another type of vehicle, and all related ancillary activities. Transferring freight without the use of aircraft is included in "freight yard/truck terminal."

Alcoholic beverage sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or offpremise consumption.

Ambulance service. Emergency medical care and transportation, including incidental sleeping quarters, storage, and maintenance of vehicles.

Animal husbandry. Raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under "animal sales and grooming." Keeping of animals is defined separately under "animal keeping."

Animal keeping. Care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Article II (Zoning districts, allowable uses, and general development standards). This classification is distinct from "animal husbandry," "animal sales and grooming," and "equestrian facility" (commercial or hobby). Also see "kennels, commercial," which provides for the boarding of animals (e.g., "doggie day-care").

1.

Domestic pets. Small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry). No more than any combination of small animals up to a maximum of five. More than five shall be considered a kennel (hobby or commercial).

2.

Exotic animals. Wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including potbelly pigs, snakes, reptiles, and large tropical birds (including peacocks).

3.

Livestock animals. Livestock refers to domesticated animals that may be kept or raised in pens, barns, houses, and pastures whether for commercial or private use. Livestock includes, but is not limited to cattle, sheep, swine, goats, equine, and fowl.

4.

Poultry/Rabbits. Domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. Also includes rabbits.

Animal sales and grooming. Retail sales of domestic and exotic animals, bathing and trimming services and boarding of said animals for a maximum period of 72 hours conducted entirely within an enclosed building with no outdoor use.

Auto and vehicle sales and rental. Retail establishments selling and/or renting automobiles, trucks and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see "auto parts sales"), bicycle and moped sales (see "retail—general"), tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "recycling—scrap and dismantling Yards"), wholesale establishments selling vehicles and parts (see "auto and vehicle sales, wholesale"), dismantling of auto vehicles (see "auto vehicle Dismantling"), or "Service Stations," all of which are separately defined.

Auto and vehicle sales, wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto scrapping or dismantling yard.

Auto and vehicle storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for

automobiles, trucks, buses and recreation vehicles. Does not include vehicle dismantling (see "Auto Vehicle Dismantling") or retail sales (see "Auto and Vehicle Sales, Wholesale").

Auto parts sales. Stores that sell new automobile parts, tires, and accessories separate from an auto dealership. May also include minor parts installation (see "vehicle services"). Does not include tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "auto and vehicle sales, wholesale"), or the sale of auto parts/accessories as part of a vehicle dealership (see "auto and vehicle sales and rental").

Auto vehicle dismantling. Establishment for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of "auto and vehicle sales, wholesale."

Banks and financial services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM).

Bars and nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brew pub or microbrewery. Bars and nightclubs may include outdoor food and beverage areas.

omedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brew pub or microbrewery. Bars and nightclubs may include outdoor food and beverage areas.

Bed and breakfast inns. Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "hotels and motels."

Broadcasting and recording studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of "wireless communication facility."

Building materials stores and yards. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "warehousing and distribution." Hardware stores are listed in the definition of "general retail stores," even if they sell some building materials. Also see "home improvement supplies" for smaller specialty stores.

Bus and transit shelters. A small structure designed for the protection and convenience of waiting transit passengers that has a roof and usually two or three sides.

Business support services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:

1.

Equipment repair services (except vehicle repair, see "vehicle services");

2.

Commercial art and design (production);

3.

Computer-related services (rental, repair);

4.

Copying, quick printing, and blueprinting services (other than those defined as "printing and publishing");

5.

Equipment rental businesses within buildings (rental yards are "storage yards");

6.

Film processing laboratories;

7.

Heavy equipment repair services where repair occurs on the client site;

8.

Janitorial services;

9.

Mail advertising services (reproduction and shipping);

10.

Mail box services other "heavy service" business services;

11.

Outdoor advertising services; and

12.

Photocopying and photofinishing.

Car washing and detailing. Permanent, drive-through, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification and are governed by the provisions of Chapter 17.220 (Temporary uses). See also "drive-in and drive-through sales and service."

Caretaker housing. A residence that is accessory to a site with a non-residential primary use, that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.

Cemeteries, mausoleums. Land used for the burial of the dead, and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see "mortuaries and funeral homes."

Check cashing business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see "banks and financial services").

Child day care facility. A State licensed facility which provides non-medical, care, protection and supervision, to more than 14 children under 18 years of age, on a less than 24-hour basis. Commercial or non-profit child day care facilities includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

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

Community centers/civic uses. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

Community garden. A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by city residents.

Convenience stores. Easy access retail stores of 5,000 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility. Also see "grocery store/supermarket" for larger stores or stores oriented towards the daily shopping needs of residents.

Crop production. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail

sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.

Drive-in and drive-through sales and service. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive through coffee, dairy product, photo stores, etc.

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

Dwelling, second unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.

Dwelling, single family. A building designed exclusively for occupancy by one family on a single lot. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.

Dwelling, two-family. An attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). More than one twofamily dwelling may be located on a single lot consistent with the density provisions of the general plan. Does not include second dwelling units (see "dwelling, second unit").

Dwelling, three- and four-family. An attached building (e.g., triples or fourplex) designed for occupancy by three or four families living independently of each other, where all dwellings are located on a single lot.

Emergency shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Employee housing. Housing accommodation or property for use by employees that meets the definition of employee housing in California Health and Safety Code Section 17008.

Equestrian facility, commercial. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.

Equestrian facility, hobby. Stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.

Equipment sales and rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g., construction equipment).

Family day care home, large. State licensed facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours within a single family residence. The occupant of the

residence provides care and supervision generally for seven to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met. A large family daycare home, as defined by California Health and Safety Code Section 1596.78(b), is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the large family daycare home.

Family day care home, small. State licensed facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours within a single family residence. The occupant of the residence provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met. A small family daycare home, as defined by California Health and Safety Code Section 1596.78(a), is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the small family daycare home.

Freight yard/truck terminal. An establishment where the primary activities are transferring freight from one vehicle to another and furnishing services incidental to motor freight, rail transportation, and other vehicles. This includes freight forwarding services; freight terminal facilities; joint terminal and service facilities; packing, crating, inspection, and weighing services; postal service bulk mailing distribution centers; transportation arrangement services; repair and storage of vehicles as ancillary activities; truck terminals; and trucking facilities. The transference of freight that involves aircrafts is included in "airport." Facilities and terminals for vehicles that transfer freight as an ancillary operation to mass transit is included "transit facilities" and "transit stations and terminals." The transfer and distribution of fuel is included in "fuel storage and distribution."

Fuel storage and distribution. A large scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.

Golf courses/clubhouse. Golf courses and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

Grocery stores/supermarket. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full service businesses do not typically have limited hours of operation. See separate, but related, listing for "convenience store."

Group residential. Shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes boarding houses, which are defined as a building other than a hotel or restaurant, where meals or lodging or both meals and lodging are provided for compensation for four or more persons.

Guest house. A detached structure accessory to a single family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

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

Hog farm, commercial. Any premises used for the raising or keeping of hogs when raised, fed, and fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural and agricultural-residential zoning district, the term hog farm commercial does not exclude the raising of hogs as part of general agricultural practices and 4-H purposes (also see "animal keeping").

Home improvement/hardware store. Establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger building materials stores and yards use classification and may be combined with or separate from such uses.

Home occupations. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.

s. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.

Hotels and motels. Facility with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Also see "bed and breakfast inn."

Indoor amusement/entertainment facility. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: dance halls and ballrooms, card rooms, and bowling alleys. Also includes uses that consist of four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices; three or less electronic games or coin-operated amusements are not considered a land use separate from the primary use of the site.

Indoor fitness and sports facilities. Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alley, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs and health clubs. This use does not include special studios not a part of an athletic or health club (e.g. karate studio, dance studio, etc.). Also see "schools—private and special/studio."

Junior accessory dwelling unit (JADU). A residential dwelling unit that provides complete independent living facilities for one or more persons, is no more than 500 square feet in size, and is contained entirely within a single-family residence.

Kennels, commercial. These facilities provide boarding of animals as the primary use of the facility. May also include day-time boarding and activity for animals (e.g., "doggie day care") and ancillary grooming facilities. Also see "animal sales and grooming."

Kennels, hobby. Facility for the keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats. Excludes dogs or cats for sale in pet shops or patients in animal hospitals. This includes a kennel where the animals are owned or kept by the owner or occupant for personal, noncommercial purposes, including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or for enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.

r patients in animal hospitals. This includes a kennel where the animals are owned or kept by the owner or occupant for personal, noncommercial purposes, including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or for enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.

Libraries and museums. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature.

Live-work facility. A structure or portion of a structure:

1.

That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household;

2.

Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and

3.

Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

Low-barrier navigation center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2.

Pets.

3.

The storage of possessions.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

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

Manufactured home. The California Health and Safety Code, Section 18007, defines a manufactured home as a structure that meets the following criteria:

1.

Transportable in one or more sections;

2.

When in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;

3.

Is built on a permanent chassis;

4.

Designed to be used as a residential dwelling;

5.

Erected with or without a permanent foundation when connected to the required utilities;

6.

Includes the plumbing, heating, air conditioning, and electrical systems contained therein.

This term shall include any structure which meets all the requirements of this paragraph except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Section 5401, et seq.). "Manufactured Home, Permanent" refers to a manufactured home on a foundation system, pursuant to California Health and Safety Code Section 18551. "Manufactured Home, Non-Permanent" means a manufactured home that is not affixed to a permanent foundation.

Manufacturing, major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing. Also see "manufacturing, minor" and "manufacturing, small scale."

Manufacturing, minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, food and beverage manufacturing, etc. Also see "manufacturing, major" and "manufacturing, small scale."

Manufacturing, small scale. Establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also see "manufacturing, major" and "manufacturing, minor."

Medical services, extended care. Residential facilities providing nursing and health related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Homes."

Medical services, general. Facility primarily engaged in providing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including: medical and dental laboratories, medical, dental and psychiatric offices, out-patient care facilities, other allied health service. Counseling services by other than medical doctors or psychiatrists are included under "offices."

Facility primarily engaged in providing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including: medical and dental laboratories, medical, dental and psychiatric offices, out-patient care facilities, other allied health service. Counseling services by other than medical doctors or psychiatrists are included under "offices."

Medical services, hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of "retail, accessory") and emergency heliports.

Mobile home. A transportable structure, which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code Sections 18007 and 18008). A mobile home is included in the definition of manufactured home and the minimum dimensions for a mobile home are eight feet wide, 40 feet long, and a total area of 320 square feet.

Mobile home park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

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

Offices, accessory. Offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single use development or the combined floor area of an integrated development for a mixed use project.

s activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single use development or the combined floor area of an integrated development for a mixed use project.

Offices, business and professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g. post office, civic center), professional offices (e.g. accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g. advertising, architectural, computer programming, photography studios). This use does not include medical offices (see "medical services"), temporary offices (see Chapter 17.220 (Temporary uses)), or offices that are incidental and accessory to another business or sales activity that is the primary use (see "offices—accessory"). Outdoor storage of materials is prohibited.

Outdoor commercial recreation. Facility for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).

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

Parking facility. Parking facility is a parking lot of parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the onsite parking requirements for the development are not included in this definition.

Parks and public plazas. Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately-owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of "outdoor commercial recreation."

Personal services. Establishments providing non-medical services as a primary use, including, but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, massage parlors, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.

ding non-medical services as a primary use, including, but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, massage parlors, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.

Printing and publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in "business support services."

Public safety facility. Facility operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

Qualified streamlined housing, A residential development required to be processed under a streamlined, ministerial process by state law and that meets all criteria and requirements of state law to be eligible for a streamlined, ministerial process.

Recreational vehicle parks. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Recycling facility, collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures and unattended containers placed for the donation of recyclable materials. This also includes so-called "reverse vending machines"—automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the state.

Recycling facility, processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Collection of recycling materials as the sole activity is included in "recycling facility, collection."

ollection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Collection of recycling materials as the sole activity is included in "recycling facility, collection."

Recycling facility, scrap and dismantling. Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see "auto vehicle dismantling" for related use for automobiles. Collection of recycling materials as the sole activity is included in "recycling facility, collection."

Religious institutions. Facility operated by religious organizations for worship, or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (e.g., recreational camp) are classified according to their respective activities.

Research and development. Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see "offices—business and professional"), soils and other materials testing laboratories (see "business support services"), or medical laboratories (see "medical services—clinics and labs").

Residential care facility. Consistent with the definitions of state law, a residential care facility is a facility that provides 24-hour non-medical care for more than six persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.

persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.

Residential care home. Consistent with the definitions of state law, a residential care home is a home that provides 24-hour non-medical care for six or fewer persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "medical services, extended care." The residents and operators of the facility shall be considered a family for the purposes of this title. Residential care homes are subject to the same standards and requirements that apply to a dwelling unit of the same type (i.e., single family dwelling, a unit in a multifamily dwelling, and mobile homes) in the same zone.

Resource protection and restoration. Activities and management of an area to preserve, re-create and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.

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

Restaurants. A retail business selling food and beverages prepared and/or served on the site, for on- or offpremise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.

Retail, accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed or manufactured on site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed use project.

vice establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed or manufactured on site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed use project.

Retail, general. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on-site, sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.

Schools, charter. A private school operating under a charter from the local school district providing primary/secondary education to students at the elementary, middle, or high school level and not managed directly by the governing body of the public school district (e.g., school board).

Schools, private and special/studio. Includes private educational institutions (e.g., boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments providing for courses by mail or on-line) and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions

and conference centers that offer specialized programs in personal growth and development, (e.g., fitness training studios, gymnastics instructions and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see "indoor fitness and sports facilities."

Schools, public. Public educational institutions such as community colleges, universities, elementary, middle/junior high schools, high schools, and military academies.

Service station. A retail business selling gasoline or other motor vehicle fuels. Vehicle services which are incidental to fuel services are included under "vehicle services, minor."

Single room occupancy (SRO) facilities. Multi-unit housing for very low income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a government housing agency.

Smoke shops. An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a two foot by four foot section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia.

Storage, personal storage facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

Storage, warehouse. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "storage, personal storage facility") or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "wholesaling and distribution").

Storage, yards. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Tattoo parlors. Any establishment that engages in the business of tattooing and/or branding human beings.

Theaters and auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "outdoor commercial recreation."

Thrift and consignment stores and pawn shops. Includes any establishment, as a regular and substantial portion of conduct, sells secondhand goods that are donated or provided by the public. Includes any establishment in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices

agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. A regular and substantial portion of conduct shall mean that 25 percent or more of the establishment's gross revenue is derived from secondhand goods, or that 25 percent or more of the floor space of the area of the building is used for the display of secondhand goods.

Transit facilities. Maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc.

Transit stations and terminals. Passenger stations for vehicular and rail mass transit systems.

Transitional housing. Includes both:

1.

Housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons.

2.

Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Usually provided with supportive services to assist in finding and keeping permanent housing.

Utility facility and infrastructure. Includes the following:

1.

Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.

2.

Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits.

Vehicle services, major. The repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as

a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work—repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.

Vehicle services, minor. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see "auto and vehicle sales") or automobile dismantling yards, which are included under "recycling—scrap and dismantling yards."

Veterinary facility. Veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.

Wireless communication facility. Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including transmission tower, antenna, and or other facility designed or used for that purpose. Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not "wireless communication facilities."

Wholesaling and distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

(Ord. No. 528, 2-15-2022)