Article 20 — ENFORCEMENT

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this ordinance and shall issue no permit, certificate or license which conflicts with the provisions of this ordinance. Any permits, certificates or licenses issued in conflict with the provisions of this code shall be void.

Before issuing a business license for any new business or for a new location for any existing business activity, the city finance director or other authorized licensing official shall obtain the approval of the building official respecting compliance with the provisions of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 2002 - Duties of the building official

The building official shall be the official responsible for the enforcement of this ordinance. In the discharge of their duty, the building official shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The building official may serve notice requiring the removal of any structure or use in violation of this ordinance to the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The building official may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this ordinance, and the city attorney is hereby authorized to institute appropriate actions to that end. The building official may call upon the chief of police and his authorized agents to assist in the enforcement of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Any person, firm, corporation or organization violating any provision of this ordinance shall be guilty of an infraction. A person, firm or corporation or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this ordinance is committed, continued or permitted by the person, firm, corporation or organization.

B.

Any structure erected, moved, altered, enlarged or maintained and any use of site contrary to the provisions of this ordinance shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or using the site contrary to the provisions of this ordinance.

C.

All remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 2004 - Property maintenance

A.

It is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city to maintain such premises in such manner that any of the following conditions are found to exist thereon:

1.

Building or structures which violate the city's building code by creating a fire hazard, danger to human life, or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools, excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.

2.

Premises unmaintained so as to constitute a fire hazard by reason of weeds, grasses, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties.

3.

Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.

4.

Clothes lines within front yard areas.

5.

Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring properties.

6.

Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to cause depreciation in the value of adjacent property.

B.

Whenever the building official determines that any building or premises is in violation of the provisions of this section, he or she shall give written notice thereof to the owner of record as shown on the last assessment roll, and shall post said written notice on the premises.

C.

If the owner, duly noticed under paragraph B of this section, fails to comply with directives requiring abatement of violations of this section, the building official shall file the official complaint with the city council, with a copy of said complaint being sent to the affected property owner by certified mail. Said complaint, or notice of complaint, shall be made the subject of a public hearing before the city council in the manner prescribed for the conduct of public hearings provided in sections 1004 and 1905 of this code.

D.

The city council shall hear the matter, review all pertinent testimony and information, and determine whether a public nuisance does in fact exist, and further determine the method by which abatement of the nuisance shall be accomplished by the affected property owner. A copy of the city council's decision shall be served by certified mail upon the affected property owner.

E.

Failure on the part of an affected property owner to abate a public nuisance determined by the city council to exist under the provisions of this section shall constitute an infraction, and shall be abated under the proceedings prescribed under section 2003.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 21 - CONSTRUCTION AND DEFINITIONS

The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this ordinance.

A.

Tense: Words used in the present tense include the future tense.

B.

Number: Words used in the singular include the plural, and words used in the plural include the singular.

C.

Shall and may: The word "shall" is mandatory; the word "may" is permissive.

D.

Gender: The masculine shall include the feminine and neuter.

E.

Headings: In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this ordinance and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.

(Ord. No. 2015-01, § 1, 4-8-2015)

The word "city" shall mean the City of Isleton, California. The words "city council" and "council" shall mean the city council of the city. The words "planning commission" and "commission" shall mean the planning commission of the city. The words "planning department" and "department" shall mean the planning department of the city. The words "city planner" and "planner" shall mean the city planner of the city. The words "city clerk" and "city engineer" shall mean the city clerk and city engineer of the city. The words "director of public works" shall mean the director of public works of the city. The words "building official" and "building inspector" shall mean the building official of the city. The words "architectural design review committee" and "committee" shall mean the architectural design review committee of the city.

(Ord. No. 2015-01, § 1, 4-8-2015)

For the purpose of this ordinance, certain words and terms used herein are defined as follows:

Accessory building: A building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers. Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building.

Accessory use: A use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principal use of the site.

Alleys: Alleys are intended to provide secondary access to abutting properties and to accommodate certain utility lines and refuse disposal services. They are most often located to the rear of properties and occasionally provide side access to parcels. The only alleys within town are those located between Second and Third Street in the two-block area between Jackson Boulevard and "B" Street.

Alter: To make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams girders or floor joists.

Animal hospital: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only

incidental to such hospital use, and within an enclosed soundproof structure.

Arcade: Any establishment operating or exhibiting more than five amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement of any description, for which a fee is charged.

Arterial streets: Arterial streets provide the principal network for traffic flow within the community. They connect areas of major traffic generation within the urban area, and with State Route 160 and important county roads. Within the city limits, State Route 160 is designated as an arterial. Arterial streets function primarily as carriers of cross-town traffic. They also provide for the collection and distribution of traffic to and from collector streets which serve residential, commercial and industrial areas. Arterial streets also provide indirect as well as direct access to abutting properties. Indirect access may be preferred in newly developing areas by backing parcels onto the arterial street with ornamental wall construction and landscaping and by broad spacing between intersecting streets.

Automobile wrecking yard: A site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for 15 days or more, or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.

ntled or wrecked vehicles or their parts is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for 15 days or more, or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.

Billboard: Shall mean the same as "outdoor advertising structure."

Block: The properties abutting on one side of a street and lying between two nearest intersecting or intercepting street, unsubdivided land or watercourse.

Boarding house: A building where lodging and meals are provided for compensation for five but not more than 15 persons, not including rest homes.

Breezeway: A roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site.

Building: A permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.

Building, main: A building within which is conducted the principal use permitted on the lot or site as provided by this ordinance.

Building setback line: The minimum distance as prescribed by this ordinance between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.

Carport: An accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure.

Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbarium's, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.

Clinic: A place for the provision of group medical services.

Club: An association of persons for some common non-profit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business.

Collector streets: Collector streets provide for traffic movement between Arterial and minor streets and for traffic movement within major activity centers. They also provide direct access to abutting properties.

College: An education institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.

College, trade: Shall mean the same as "school, trade."

Commercial office: Any administrative or clerical office maintained as a business and any office established by a public service over which this ordinance has jurisdiction.

Communications equipment building: A building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.

Convalescent home: Shall mean the same as "rest home."

Dump: A place used for the disposal, abandonment or discarding by burial, incineration or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.

Drive-in restaurant: An establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/or which serves food or beverages for consumption off the premises.

Dwelling: A building or portion thereof, designed exclusively for residential purposes, including one-family, two-family, three-family and multiple dwellings; including mobile homes; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized.

Dwelling, one-family: A detached building designed exclusively for occupancy by one family for residential purposes.

Dwelling, two-family: A building designed exclusively for occupancy for two families living independently of each other (e.g., duplex).

Dwelling, three-family: A building designed exclusively for occupancy by three families living independently of each other (e.g., triplex).

Dwelling, multi-family: A building designed exclusively for occupancy by four or more families living independently of each other (e.g., fourplex or apartment).

Dwelling unit: One or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.

Educational institutions: Public or other non-profit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, non-profit research institutions and religious institutions. Such institutions must either: 1) offer general academic instruction equivalent to the standards prescribed by the state board of Education, 2) confer degrees as a college or university of under-graduate or graduate standing, 3) conduct research or 4) give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

Electrical distribution substation: An assemblage of equipment which is part of a system for the distribution of electric power where electric energy is received at a sub transmission voltage and transformed to a lower voltage for distribution for general consumer use.

Electrical transmission substation: An assemblage of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low sub transmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

ns of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low sub transmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

Family: An individual, two or more persons who are related by blood or marriage, or a group of not more than five persons not necessarily related by blood or marriage, living together in a dwelling unit.

Fence, open: A fence, 50 percent or more of the vertical surface of which is open to the transmission of light, air and vision.

Fence, screened: A fence, 90 percent or more of the vertical surface of which is closed to the transmission of light, air and vision.

Frontage: The property line of a site abutting on a street, other than the side line of a corner lot.

Garage, private: A detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

Garage, repair: A structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.

Garden structure: An arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.

Guest house: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall not have kitchen facilities and shall not be rented.

Hazardous waste: Any waste, or combination of wastes as specified in title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical or infectious characteristics may either cause or significantly contribute to an increase in mortality or an increase in serious irreversible

or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed or, or otherwise managed.

Home occupation: The conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products within a swelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in article 14.

Homeowner's association: A community association composed of individual owners of a development which is created for the purpose of holding title to, managing and maintaining the common property, and enforcing certain covenants and restrictions for the overall benefit of its members.

Hotel: A building in which there are six (6) or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis. "Hotel" shall not be construed to include motel, trailer court, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.

Junkyard: A site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and

household equipment yards, house wrecking yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars, farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junkyard.

Kennel: Any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not.

Kitchen: Any room used or intended or designed to be used for cooking or the preparation of food.

Lodge: An order or society of persons organized for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

Lodging house: A dwelling in which lodging or lodging and meals are provided for compensation for more than five but not more than 15 persons other than members of the resident family, excepting a nursing home as defined in this section.

Lot: A single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the county recorder. The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this ordinance. The term "lot" shall include two or more abutting lots when combined and used as though a single lot.

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 which have an angle of intersection or not more than 135 degrees.

Lot, coverage: That portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.

Lot depth: The depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.

Lot, double frontage: An interior lot having frontage on and with access on two parallel or approximately parallel streets.

Lot, interior: A lot other than a corner lot or reverse corner lot.

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

Lot line, front: In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot line, rear: A lot line which is opposite and most distant from the front lot line, or, in the case of an irregular triangular or gore-shaped lot, a line 10 feet in length within the lost parallel to and at a maximum distance from the front lot line.

Lot line, side: Any lot boundary line not a front lot line or a rear lot line.

Lot, reversed corner: A corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.

Lot, width: The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Medical building: Clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.

Minor streets: Minor streets provide for direct access to abutting properties and for very localized traffic movements within residential, commercial and industrial areas.

Mobile home: A structure or structure having multiple sections equaling or exceeding exterior dimensions or eight feet in width and 40 feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.

Mobile home parks: Any parcel or contiguous parcels of land under single ownership designed or intended to be used to accommodate mobile homes on a permanent or semi-permanent basis, in accordance with the provisions of article 14.

Motel: A building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety

Code of the State of California, to obtain the name and address of the guests and a description of their vehicle and its license. The term "motel" shall include tourist court, auto court and motor lodge.

Motor vehicle wrecking yard: See "automobile wrecking yard."

Non-conforming building: A building or portion thereof lawfully existing at the time of the adoption of this ordinance, or amendments thereto, and which does not conform to the applicable regulations of such amendments or a subsequent amendment.

Nursing school: A school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school age children, including those residents on the site.

Nursing home: A structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

Off-street loading facilities: A site or a portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Off-street parking facilities: A site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.

Outdoor advertising structure: Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

Parking district: A government parking district maintained by the federal, state, county or city government, or special district.

Public utility service yard: A site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduit, transformers, cross-arms, utility poles, or any other material, tool or supply necessary for the normal maintenance of the utility facilities.

Recreation vehicle: A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for recreational human habitation.

Residence: A structure containing a dwelling unit designed for occupancy or occupied by one family or more.

Restaurant: An establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms and outdoor cafes.

Rest homes or homes for the aged: An establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing homes.

Rooming house: Same as "boarding" except no meals.

School, elementary, junior high or high: Public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the state board of education.

School, private or parochial: An institution conducting regular academic instructions at kindergarten, elementary or secondary levels, operated by a non-governmental organization.

School, trade: Schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians schools and similar commercial establishments operated by a non-governmental organization.

Service station: An occupancy engaged in the retail sales of gasoline, diesel or liquefied petroleum gas fuels, oil, tires, batteries and new accessories and which provides for the servicing of motor vehicles and operations, incidental thereto, including: automobile washing, incidental waxing and polishing, tire changing and repairing (but not including recapping), battery service, charging and replacement (but not including repair or rebuilding), radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, the testing, adjustment and replacement of motor parts and accessories.

Sign: Any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever, placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, bluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.

Site: A parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

Site area: The total horizontal area included within the property lines of a site.

Site depth: The average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines.

Site width: The average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

Stable, commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.

State highway: State Route 160.

Street: A public or private way permanently dedicated or reserved as a primary means of access to abutting property.

Street line: The boundary line between street rights-of-way and abutting property.

Structure: Anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed.

Structure, main: A structure housing the principal use of a site or functioning as the principal use.

Stuctural alteration: Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance.

Trailer sales lot: An open area where trailers are sold leased or rented and where no repairs, repainting or remodeling are done.

Trailer, utility: A vehicle without motive power designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying property.

Travel trailer: A vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight feet in width and less than 40 feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer."

Travel trailer parks: A parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis (one month continuous occupancy of less).

Use: The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied or maintained.

Use, permitted: A use which is listed as a permitted use in any given district in this ordinance. Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of articles 14 and 16.

Use, conditional: A use which is listed as a conditional use in any given district in this ordinance. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district.

Wetland: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Yard: Open and unoccupied space on a lot.

Yard, front: A yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot.

Yard, rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

Yard, side: A yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 22 - REPEALS AND CONSTITUTIONALITY

Sec. 2201 - Inconsistent ordinances repealed

All ordinances and parts of ordinances inconsistent with the provisions of this chapter are hereby repealed insofar as they are inconsistent with the provisions hereof.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 2202 - Constitutionality

If any article, section, subsection, paragraph, clause or phrase of this chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not affect the remaining portions of this ordinance.

The city council hereby declares that it would have enacted this chapter and each article, section, subsection, paragraph, sentence, clause and phrase hereof, irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 23 - CANNABIS LAND USE REGULATIONS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2019-11, § 3, adopted January 28, 2020, has been treated as amending the Code by repealing former art. 23, §§ 2301—2307, and adding a new art. 23. Former art. 23 pertained to similar subject matter, and derived from Ord. No. 2018-02, adopted April 25, 2018; Ord. No. 2018-05, adopted May 23, 2018; and Ord. No. 19-04, adopted April 9, 2019.

Sec. 2301 - Definitions

For the purposes of this article, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.

A.

Authorized grower means a person 21 years and older who is authorized by, and in compliance with, federal or state law to cultivate cannabis indoors for personal or medical use. Authorized grower also means a person 18 years and older who is a qualified patient, as that term is described in § 11362.77 of the Health and Safety Code.

B.

Cannabis shall mean 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 cannabis infused in foodstuff or other ingestible or consumable product containing cannabis. The term "cannabis" shall also include "medical cannabis" as defined in California Health and Safety Code § 11362.5, "medicinal cannabis" and "medicinal cannabis product" as defined in California Business and Professions Code § 26001(ai), and "cannabis product" as defined in § 11018.1 of the Health and Safety Code. The term "cannabis" shall not include "industrial hemp" as that term is defined in § 11018.5(a) of the Health and Safety Code, including industrial hempderived cannabidiol, or any substance described in § 11150.2 of the Health and Safety Code.

C.

Cannabis dispensary means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis to any person for any reason, including members of any medical cannabis cooperative or collective consistent with the purposes set forth in California Health and Safety Code § 11362.5, or as may be amended.

D.

Cannabis products shall have the same meaning as in § 11018.1 of the Health and Safety Code.

E.

Commercial cannabis activity includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, wholesale of cannabis and cannabis products, retail sale of cannabis and cannabis products, or delivery of cannabis or cannabis products.

F.

Commercial cannabis facility means a building, or portion thereof, used for commercial cannabis activity in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA," Business and Professions Code § 26000, et seq.)

G.

Cultivation means the planting, growing, harvesting, drying, or processing of cannabis plants or any part thereof as provided for in Business and Professions Code § 26001(1).

H.

Day care center shall have the same meaning as § 1596.76 of the Health and Safety Code.

I.

Delivery means the commercial transfer of cannabis or cannabis products up to an amount determined by the Bureau of Cannabis Control, as defined in § 26001(p) of the Business and Professions Code. "Delivery" also means the commercial transfer of cannabis or cannabis products to a primary caregiver or qualified patient as defined in § 11362.7 of the California Health and Safety Code. "Delivery" also includes the use by a dispensary, or any technology platform owned and controlled by the dispensary or independently licensed that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.

J.

Greenhouse means a structure designed and constructed primarily for raising and protecting vegetation.

K.

Identification card shall have the same meaning as in § 11362.7(g) of the Health and Safety Code.

L.

Immature cannabis plant means a cannabis plant that has no flowers and that is a seedling or start shorter than 18 inches.

M.

Indoor cultivation means cultivation within an enclosed structure that can be secured from access by means of a lock.

N.

Legal parcel means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Gov. Code § 66410, et seq.).

O.

Mature cannabis plant means a cannabis plant that has flowers or that is taller than 18 inches.

P.

Manufacture shall have the same meaning as in § 26001(ag) of the Business and Professions Code.

Q.

Medical cannabis means cannabis used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Cannabis Program Act (Health and Safety Code § 11362.7, et seq.)

R.

Mobile cannabis dispensary means any clinic, cooperative, club, business, group, or person which transports or delivers, or arranges the transportation or delivery, of cannabis or cannabis products to a person or entity.

S.

Outdoor cultivation means any cultivation not within an enclosed structure.

T.

Person with an identification card shall have the same meaning as in § 11362.7(c) of the Health and Safety Code.

U.

Premises means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.

V.

Primary caregiver shall have the same meaning as in § 11362.5(e) of the Health and Safety Code.

W.

Qualified patient shall have the same meaning as in § 11362.7(f) of the Health and Safety Code.

X.

Residential structure means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation on a premises or legal parcel located within a residential zoning district.

Y.

Smoking means inhaling, exhaling, burning or carrying any lighted combustible substance containing cannabis in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with cannabis or its byproducts in the device.

Z.

Testing laboratory shall have the same meaning as in § 26001(as) of the Business and Professions Code.

(Ord. No. 2019-11, § 3, 1-28-2020)

Sec. 2302 - Indoor cultivation for personal use

A.

Indoor cultivation for personal use in accordance with this article shall only be permitted in R one-family residential districts, and RM multi-family residential districts.

B.

Indoor cultivation for personal use is permitted in residential structures and greenhouses located in R onefamily residential districts, and RM multi-family residential districts.

C.

Indoor cultivation of no more than six mature or 12 immature cannabis plants for personal use shall be permitted in residential areas subject to the following conditions:

1.

There shall be no exterior visibility or evidence of the indoor cultivation from the public right-of-way, including, but not limited to, any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

2.

Grow lights used for indoor cultivation shall not exceed 1,200 watts each and shall comply with the California Building, Electrical, and Fire Codes as adopted by the city. Gas products (including, without limitation, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of cannabis.

3.

The residential structure or greenhouse used for personal indoor cultivation shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with California Building Code § 402.3, Mechanical Ventilation, as now existing or hereafter amended.

4.

The residential premises used for personal indoor cultivation shall have a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

5.

The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.

D.

Commercial cannabis activity is prohibited in residential zones.

(Ord. No. 2019-11, § 3, 1-28-2020)

Sec. 2303 - Outdoor cannabis cultivation prohibited

It is unlawful, a public nuisance, and a violation of this article for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such

premises to be used for outdoor cultivation.

(Ord. No. 2019-11, § 3, 1-28-2020)

A.

Indoor cultivation without a cultivation permit. It is unlawful, a public nuisance, and a violation of this article for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such premises to be used for indoor cultivation without a cultivation permit.

B.

Number of permits per residence. Only one permit shall be allowed per residence.

C.

Permit requirements. The following information will be required with the initial permit application and subsequent permit extensions:

i.

The physical site address of where the cannabis will be cultivated.

ii.

The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where cannabis will be cultivated.

iii.

Property owner's written consent to the cultivation of cannabis at the premises, if different from the authorized grower.

D.

Permit duration. The initial permit shall be valid for three years, and thereafter may be extended in increments of three years upon the determination by the city manager or his or her designee, to ensure the standards and conditions set forth in this article are being met.

E.

Adjudication of permits. The city manager or his or her designee may deny an application for a cannabis cultivation permit, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this chapter and state law.

F.

Permit fees. The city may establish, by resolution, a fee or fees required to be paid upon filing an application for permit(s) as provided by this chapter, which fees shall not exceed the reasonable cost of administering this chapter.

(Ord. No. 2019-11, § 3, 1-28-2020)

Sec. 2305 - Commercial cannabis activity near schools and day care centers prohibited

It is unlawful and a public nuisance to use any legal parcel or premises for commercial cannabis activity within 600 feet of any school or day care center. Six hundred feet shall be measured from the closest property line of the school or day care center to the closest property line of the parcel upon which commercial cannabis activity will take place.

(Ord. No. 2019-11, § 3, 1-28-2020)

Subject to § 2305 and article 14, commercial cannabis facilities may only be established in C commercial and PDI planned industrial districts as set forth in this section. In addition to the requirements set forth in article 14, all commercial cannabis facilities used for commercial cannabis activity shall be subject to the following additional conditions:

A.

Commercial cannabis facilities shall require a development agreement approved by the city council prior to operation.

B.

Prior to commencing operation of commercial cannabis activity, a public safety and security plan for every commercial cannabis facility that is reviewed and approved by the city.

C.

Reserved.

D.

Commercial cannabis facilities shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with California Building Code § 402.3, Mechanical Ventilation, as now existing or hereafter amended.

E.

Commercial cannabis facilities shall not be accessible to persons under 21 years of age, except that commercial cannabis facilities licensed to sell medicinal cannabis shall be accessible to persons 18 years of age or older who possess a valid government-issue identification card and either a valid county-issued identification card under § 11362.712 of the Health and Safety Code or a valid physician's recommendation for himself or herself or for a person for whom he or she is a primary caregiver.

(Ord. No. 2019-11, § 3, 1-28-2020)

A.

Conditional use permit required. All commercial cannabis facilities within the city shall require a conditional use permit.

1.

Conditional use permit applications. An application and accompanying materials shall be submitted to the planning department. The application and accompanying materials shall be in the form required by the planning department and shall satisfy all information requirements contained in the checklist maintained by the planning department.

2.

Duration of conditional use permit. Any conditional use permit issued by the city pursuant to this section shall be valid for five years from the date of issuance. Conditional use permits issued pursuant to this section may be extended in increments of one year. Such extensions are discretionary and subject to the owner of a commercial cannabis facility complying with all substantive and procedural requirements imposed by the city. Furthermore, the city retains the right to deny any application for a conditional use permit for a commercial cannabis facility, or extension of a conditional use permit, where it finds that the issuance of such permit or extension does not demonstrate satisfaction of the minimum requirements of this chapter.

3.

Termination of conditional use permit. Notwithstanding any other provision in the city's Municipal Code, conditional use permits issued for commercial cannabis facilities shall automatically be considered revoked if:

i.

The owner of the commercial cannabis facility attempts to transfer the commercial cannabis facility to another individual not named in the conditional use permit application as an owner or person in charge;

ii.

The commercial cannabis facility ceases to operate at the premises described in the conditional use permit application; or

iii.

The commercial cannabis facility ceases to operate for 60 consecutive calendar days.

4.

Transfer of conditional use permits. The city manager shall have the authority to transfer conditional use permits from one owner to another owner where the owner of a commercial cannabis facility seeks to transfer their interest to another party.

5.

Conditional use permit application fee. Prior to the city reviewing any application for a conditional use permit for commercial cannabis facilities, the applicant shall pay a fee to the city in an amount to be set by resolution of the city council.

6.

Enforcement. In the event the city discovers the requirements of a development agreement or conditions of a conditional use permit have not been, or are not being, complied with, the city may commence revocation of the conditional use permit. The city shall give the owner of the commercial cannabis facility notice of the city's intention to revoke the conditional use permit at least ten days prior to the planning commission considering the revocation of the conditional use permit. Conditional use permits for commercial cannabis facilities may only be revoked by the city's planning commission.

B.

General regulations. The following regulations shall apply to all commercial cannabis facilities:

1.

On-premises cannabis use. Cannabis may not be inhaled, smoked, eaten, ingested, or otherwise consumed on the premises or in the parking areas of a commercial cannabis facility, unless such onpremises use is specifically authorized through a conditional use permit.

2.

Visibility from public right-of-way. Cannabis or cannabis products on the premises shall not be visible from the public right of way, the unsecured areas surrounding the buildings on the premises, or the premises' main entrance and lobby.

3.

No unaccompanied minors on premises. Unless a minor is a qualified patient or primary caregiver, or is accompanied by its parent or legal guardian, no minor shall be allowed to enter the premises of a commercial cannabis facility.

4.

Accessibility to public. Except for retail facilities, access to a commercial cannabis facility shall be restricted to employees of that commercial cannabis facility.

C.

Use-specific regulations.

The total number of commercial cannabis facilities engaging primarily in retail cannabis sales in the city shall not exceed three.

2.

The city will process completed applications for conditional use permits for commercial cannabis facilities on a first-come, first-served basis. Approval of conditional use permit applications will be based on the submission date of complete applications, demonstrated compliance with state laws, the compliance with all other requirements set forth in the Municipal Code, and the full execution of a development agreement with the city.

(Ord. No. 2019-11, § 3, 1-28-2020)

Secs. 2308, 2309 - Reserved Sec. 2310 - Cannabis use on public property

It is hereby declared to be unlawful, a public nuisance, and a violation of this code to smoke cannabis or cannabis products on city property. Violations of this provision shall be punishable as a misdemeanor.

(Ord. No. 2019-11, § 3, 1-28-2020)

Secs. 2311—2319 - Reserved Sec. 2320 - Public nuisance

The violation of this chapter is hereby declared to be a public nuisance and contrary to the public interests and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. No. 2019-11, § 3, 1-28-2020)