Chapter 17.58 — STANDARDS FOR SPECIFIC LAND USES

This Chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) in individual or multiple zoning districts (e.g., in residential, commercial, and manufacturing districts, and in residential and commercial, and/or in commercial and manufacturing districts).

Land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.

This Section establishes standards for the development and operation of telecommunications facilities including cellular wireless communication facilities (subsection A), satellite antennae (subsection B), single pole/tower amateur radio antennae (subsection C), and television and radio broadcasting towers (subsection D). This Section applies to all new construction of such facilities within the City, and any modification or relocation of such equipment and facilities, exclusive of the ordinary maintenance and repair of facilities and equipment lawfully in existence on the effective date of this Section.

• A. Cellular Wireless Communications Facilities. Except as otherwise provided in subsections G and H , cellular wireless telephone antennae, including supporting towers and related groundmounted structures and equipment shall comply with the following requirements.

  1. Permit Requirements. The land use permit requirement for wireless communications shall be as determined by the zoning districts and allowable land uses contained within the Municipal Code.

Plans for the wireless communication facilities shall be submitted with a CUP application in compliance with Section 17.70 (Applications, Processing, and Fees).

2. Site Selection. Sites for cellular wireless communications facilities and/or buildings shall be selected according to the following order of preference:

   • a. On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.);

• b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or

• c. On vacant land without significant visual mitigation, only in industrial and manufacturing zoning districts where no other feasible alternative exists to such a placement.

As part of the CUP application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with subsection 2a (Site selection order of preference) above.

3. Co-Location. The City shall encourage and give preference to the co-location of cellular equipment on appropriate existing City structures, and towers subject to reasonable engineering requirements. The City shall encourage utility providers, special districts, and other public agencies to allow co-location of cellular equipment on appropriate existing structures and towers subject to reasonable engineering requirement.

4. Painting. With the exception of church steeples and artificial tree structures, the equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earthtones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

5. Setbacks. Equipment shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines.

6. Signs. Identification signs, including emergency phone number of the cellular service provider, shall be posted and readable at ground level, at all equipment/tower sites.

7. Undergrounding Required. Electrical and equipment wiring shall be placed underground unless the City Engineer determines that such undergrounding is economically or technically infeasible.

8. Unused/Obsolete Equipment. Unused/obsolete equipment and towers shall be removed from the site within six months after their need has ceased or the City may, after notice and hearing, remove the equipment and place a lien on the land to recover the costs of removal plus administrative overhead. All towers and equipment not used for a period of six months shall be removed from the site and the site cleared of any debris by the permittee or, if the permittee has not done so after reasonable notice to do so from the City, the City may effect the removal using the bond described herein. At the time any permittee obtains a permit for a tower or other equipment, the permittee shall provide a performance bond, cash, or irrevocable letter of credit (collectively "bond") in the amount of 100 percent of the City's estimated cost for removal of the tower and other equipment. Said amount may be revised by the City periodically. The bond shall be utilized by the City in the event that a permittee fails to remove the tower and/or other equipment. If the costs of removal thereof exceed the bond amount, the landowner, if different person or entity from the permittee, shall remove the remaining portion of the tower and/or other equipment at the landowner's expense or pay to the City the costs necessary to complete the removal.

9. Maintenance Obligation. The owner and/or operator of facilities and equipment for which a permit is issued under this Section shall operate and maintain such facilities in clean, safe and attractive conditions at all times. If such facilities become dilapidated, inoperative or are abandoned by the owner and/or operator, the City Manager may, after notice and hearing, cause any such facilities and equipment to be removed at the owner's expense.

10. Design Review. The application shall be subject to design review by the Planning Commission. In such review the Commission shall give preference to monopole structures over lattice towers and shall have the authority to impose such conditions and mitigation

measures on structures as may be necessary or desirable to reduce or eliminate the visual, aesthetic, and/or environmental impacts of the tower or structure proposed.

• B. Satellite Antennae. Satellite antennae, including portable units and dish antennae, shall be designed, installed, and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) and as follows, when these provisions are not in conflict with applicable State and Federal regulations. (Normal/typical television antennae or satellite dishes with a maximum diameter of one meter (approximately 39 inches) are not regulated by this Section).

talled, and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) and as follows, when these provisions are not in conflict with applicable State and Federal regulations. (Normal/typical television antennae or satellite dishes with a maximum diameter of one meter (approximately 39 inches) are not regulated by this Section).

1. Application Requirements. Plans for antennae shall be submitted with each application for a land use and/or building permit, and shall include a simple site plan and elevation drawings indicating color, diameter, foundation details, height, landscaping, setbacks, and method of screening. The plans shall be subject to the approval of the City.

2. Painting. The antennae and supporting structure shall be painted in a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;

3. Setbacks. An antenna shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines;

4. Undergrounding Required. Electrical and antenna wiring shall be placed underground, whenever possible;

5. Residential Zoning District Standards. In any residential zoning district, antennae shall be subject to the following standards:

   • a. Mounting Location. Only ground-mounted antennae shall be allowed and the antennae shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, or 15 feet from the street side of a corner parcel. This provision may be modified by the City if strict compliance would result in no/poor satellite reception. However, the maximum diameter of a nonground-mounted antenna shall be one meter (approximately 39 inches);

   • b. Size Limitations. The diameter of the ground-mounted antenna shall not exceed eight feet. This provision may be modified by the City if strict compliance would result in no/poor satellite reception;

   • c. Screening. The antenna shall be separated from adjoining properties by at least a sixfoot high solid fence or wall, or by plants or trees of equal minimum height, approved by the City;

   • d. Height and Location. The height and location of the antennae shall comply with the requirements of the applicable zoning district. The height provision may be modified by the City if strict compliance would result in no/poor satellite reception; and

   • e. Setbacks. If the subject parcel adjoins a residential zoning district, the antenna shall be set back a minimum distance from the property line that is equal to or greater than the height of the antenna, unless otherwise screened from public view to the satisfaction of the City.

   • f. Unused/Obsolete Equipment. Unused/obsolete equipment and towers shall be removed from the site within six months after their need has ceased or the City may, after notice and hearing, remove the equipment and place a lien on the land to recover the costs of removal plus administrative overhead.

• g. Maintenance Obligations. The owner and/or operator of facilities and equipment for which a permit is issued under this Section shall operate and maintain such facilities in clean, safe and attractive conditions at all times. If such facilities become dilapidated,

inoperative or are abandoned by the owner and/or operator, the City Manager may, after notice and hearing, cause any such facilities and equipment to be removed at the owner's expense.

• C. Single Pole/Tower Amateur Radio Antennae. Pole/tower amateur radio antennae shall be designed, constructed/installed, and maintained in the following manner.

  1. Location Requirements. Antennae shall not be located in a front or side yard.

  2. Mounting. Antennae may be ground- or roof-mounted.

  3. Height Limit. The maximum height shall not exceed 50 feet, measured from finished grade.

  4. Size Limitations. Any boom or other active element/accessory shall not exceed 25 feet in length.

  5. Unused/Obsolete Equipment. Unused/obsolete equipment and towers shall be removed from the site within six months after their need has ceased or the City may, after notice and hearing, remove the equipment and place a lien on the land to recover the costs of removal plus administrative overhead.

  6. Maintenance Obligations. The owner and/or operator of facilities and equipment for which a permit is issued under this Section shall operate and maintain such facilities in clean, safe and attractive conditions at all times. If such facilities become dilapidated, inoperative or are abandoned by the owner and/or operator, the City Manager may, after notice and hearing, cause such any facilities and equipment to be removed at the owner's expense.

• D. Television and Radio Broadcasting Towers. These towers shall be allowed in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

• E. Effects of Development on Antenna Reception. The City shall not be liable if subsequent development impairs antenna reception.

• F. Variances. Telecommunications facilities not complying with the requirements of this Section may be authorized only if a variance is obtained under Chapter 17.82 (Variances and Historic Variances).

• G. Co-located Wireless Communications Facilities. Notwithstanding any other provision of this Section, base facilities that can accommodate co-located facilities shall require the adoption of a negative declaration, mitigated negative declaration, or certification of an environmental impact report. For purposes of this subsection, a "base facility" is a particular telecommunications facility that is planned to accommodate collocated facilities, and "co-located facilities" are telecommunications facilities that are installed on the same tower or other structure as other telecommunications facilities. Co-located facilities which satisfy all of the following conditions shall not require the issuance of any discretionary permit:

"base facility" is a particular telecommunications facility that is planned to accommodate collocated facilities, and "co-located facilities" are telecommunications facilities that are installed on the same tower or other structure as other telecommunications facilities. Co-located facilities which satisfy all of the following conditions shall not require the issuance of any discretionary permit:

1. The base facility upon which the facility is co-located has undergone CEQA review consisting of the adoption of a negative declaration, mitigated negative declaration, or certification of an environmental impact report; and the co-located facility incorporates all mitigation measures required by the environmental document.

2. The co-located facility utilizes a stealth design.

3. The height of the co-located facility does not exceed the maximum height allowed in the underlying zone or size of the base facility.

4. The co-located facility is aesthetically compatible with the base facility.

5. The co-located facility complies with zoning, the General Plan and applicable specific plans.

• H. Facilities in the Public Right-of-Way. Notwithstanding any other provision of this Section, the requirements of this Section shall not apply to communications facilities proposed to be installed in the public right-of-way, to the extent that the application of this Section would be inconsistent with, or is preempted by, applicable law, including but not limited to Section 7901 of the California Public Utilities Code.

This Section establishes standards for the development and operation of retail sales and service establishments within/in conjunction with and accessory to a main commercial and/or manufacturing use where authorized by Article II (Zoning Districts and Allowable Land Uses). For example, these accessory uses include restaurants and pharmacies within hospitals, etc., and the sale of retail merchandise.

• A. General standard. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the parcel (e.g., no signs, windows with merchandise visible from adjoining public rights-of-way, etc.), nor access to any space used for the accessory retail use other than from within the main structure.

• B. Commercial and manufacturing zoning districts. Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hospitals, and other medical facilities and pharmacies. Accessory restaurants, retail sales, and other services are allowed in the manufacturing zoning district to serve the needs of the employees.

• C. Residential and special purpose zoning districts. Membership organizations, social, or recreational establishments may engage in retail sales for guests only.

• D. Review and approval required. Accessory retail uses shall be subject to land use permit approval in compliance with Chapter 17.12 (Commercial, Office, and Industrial Zoning Districts). In order to approve an accessory retail use, the City Planner shall find that there will be no harm to adjoining existing or potential residential development due to excessive noise, traffic, or other adverse effects generated by the accessory use.

This Section establishes standards defining the relationship between a main use and an accessory use on the same site, where the accessory use is a common feature of the main use, but would not be allowed by the applicable zoning district as a main use on the same site. For example, a coffee shop in a C (Commercial) zoning district may include minor coffee bean roasting as part of its operations as an accessory use in compliance with this Section, but coffee roasting as a main use would be allowed as a main use only in the I (Industrial) district.

• A. Allowable accessory uses. Accessory uses are allowed in conjunction with a main use as follows.

  1. Accessory retail sales. Accessory retail sales are allowed in compliance with Section 17.58.030 (Accessory Retail Uses), above.

  2. Residential accessory uses. Residential accessory uses are allowed in compliance with Article II (Zoning Districts and Allowable Land Uses).

  3. All other accessory uses. The City Planner shall determine whether any proposed accessory use not otherwise listed in this Section is:

  • a. Customarily related to and commonly found with the proposed main use, and is allowable subject to the same land use permit as the main use; or

  • b. Not customarily related to and commonly found with the proposed main use, and is prohibited.

• B. Timing of accessory use. An accessory use shall only be established at the same time as a main use, or after a main use has been established.

• C. Maximum area of accessory use. An accessory use determined by the City Planner to be allowable in compliance with this Section shall not exceed 25 percent of the floor area devoted to the main use.

• A. Applicability. The standards of this Section shall apply to the raising and keeping of:

  1. Household pets—Includes cats, canaries, dogs, parrots, and other varieties of birds and animals, ordinarily kept as household pets;

  2. Exotic or wild animals—Includes foxes, monkeys, raccoons, snakes, etc;

  3. Fowl and other small animals and birds—Includes chickens, ducks, geese, pigeons, turkeys, and other fowl, and chinchillas, guinea pigs, hamsters, and all types of similar rodents; and

  4. Livestock and other large animals—Includes cows, donkeys, goats, horses, mules or ponies, ostriches, sheep, steer, and swine.

• B. Maximum number of animals. Table 3-12 identifies the maximum number of animals allowed on a single residential parcel or dwelling unit.

TABLE 3-12 MAXIMUM ALLOWABLE ANIMALS Maximum Number/Minimum Site Area Special Standards raising and keeping standards), below (5)

Type of Animal

Notes:

• (1) The keeping of more than the maximum number of household pets may be permissible in RM and RH zoning districts subject to the issuance of a Minor Use Permit, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

• (2) The keeping of livestock, other large animals, fowl and other non-household pet small animals and birds is allowed only in the RS and RL zoning districts.

• (3) A property owner shall have the full site area increment to receive the animal allotment; 0.5 acres for the first animal, and 1.4 acres is allowed only two animal units (not three). The keeping of one livestock or other large animal or 10 fowl or other small animal or bird on a parcel not meeting the minimum site area (0.5 acres) may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

• (4) An animal unit is equal to one livestock or other large animal or 10 fowl or other small animal or bird.

• (5) The keeping of more than 10 animal units may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits). The parcel shall meet the minimum site area requirements for the number of animal units to be kept on the parcel. For example, a parcel with an approved Minor Use Permit to keep 15 animal units shall have a minimum site area of 7.5 acres (0.5 acres per animal unit).

• C. Animal raising and keeping standards. These requirements of this subsection shall apply to the raising and keeping of allowable animals, except for household pets and exotic or wild animals.

  1. Site slope requirements. Animals shall not be allowed on slopes exceeding 30 percent.

  2. Erosion and drainage control plan required. An erosion and drainage control plan shall be submitted and approved by the City Engineer for the raising and keeping of animals on parcels over 20 percent in slope. The plan shall propose operational/management measures to prevent grazing to bare soil, and physical measures to prevent sediment transport from the site into waterways, streets, or onto adjoining properties;

  3. Existing uses conforming. Any residential property where animals are legally kept as of the effective date of this Development Code shall be deemed to be conforming. Any expansion of use shall be subject to the provisions of this Section;

  4. Site maintenance and animal care. The site shall be maintained and all animals shall be cared for in a manner that does not create a public health problem, or interfere with the public welfare of surrounding properties; and

  5. Water supply. An adequate supply of fresh water shall be available to the animals at all times, subject to the approval of the Amador County Health Officer.

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs). The intent of these provisions is to ensure that compatibility between the B&B and any

adjoining residential zoning districts/uses is maintained and enhanced.

• A. Applicability. Bed and Breakfast Inns (B&Bs) are allowed in the residential and PO zoning districts with a Minor Use Permit or Use Permit approval, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits), and in the Commercial zoning districts with Zoning Clearance, in compliance with Chapter 17.72 (Zoning Clearance).

• B. Exterior appearance. The exterior appearance of the structure housing the B&B in a residential zoning district shall not be altered from its original single-family character except for a sign as allowed by subsection I , below and those structural modifications necessary to comply with the requirements of Title 24 of the California Building Code of Regulations.

• C. Fire safety. The B&B shall meet the requirements of the Jackson Fire Department.

• D. Guest rooms. The availability of guest rooms is limited to a maximum of three rooms in the Residential and PO zoning districts and five rooms in the other zoning districts. A Use Permit is required for additional rooms. Guest rooms shall not contain food preparation facilities.

• E. Internal access. All access to guest rooms shall be from within the B&B inn or the guest room shall be located in an approved detached living area.

• F. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. Receptions, private parties, or similar activities, for which a fee is paid or which is allowable only as a condition of room rental, shall not be allowed.

• G. Off-street parking. Off-street parking shall be provided at a ratio of one space for each guest room plus two for the on-site owner/manager of the B&B. Parking shall be located, to the extent possible, out of the required front and side yard setbacks. Parking spaces for the disabled may be counted toward the required off-street parking.

• H. On-site management. The B&B shall be the main residence of the B&B owner or manager.

• I. Signs. Signs shall be limited to one on-site sign not to exceed six square feet in area and shall be installed and maintained in compliance with Chapter 17.54 (Sign Regulations). The design, location, and lighting of the sign shall ensure compatibility with the architecture of the B&B and the surrounding neighborhood.

• J. Site requirements. The proposed site shall generally conform to the standards of the applicable zoning district.

• K. Transient Occupancy Tax. B&Bs shall be subject to the Transient Occupancy Tax in compliance with Chapter 3.24 of the Municipal Code, and shall maintain guest registers to ensure accurate occupancy records.

The purpose of this Section is to protect the character of the City's residential and mixed-use neighborhoods by limiting and regulating short-term rental of dwelling units. The following provisions apply to all short-term rentals (STRs):

• A. Applicability. No person shall occupy, use, operate or manage, nor offer or negotiate to use, lease or rent, a dwelling unit for short-term rental occupancy unless issued a short-term rental (STR) permit or exempted under this Section. A permit is required for each dwelling unit even if located on the same legal lot. The standards of this Section shall supersede the standards elsewhere in the Development Code, unless otherwise stated.

• B. Application submittal requirements. The following information shall be submitted to the City along with a form approved by the City in order to apply for a STR permit.

  1. The name, address, email address and telephone number of the owner of the short-term rental for which the permit is to be issued, and the same for the authorized representative if different than the owner. An application may be submitted by an owner with the buyer as the applicant and upon written request, the approval will be granted to both the owner and the buyer.

  2. A floor plan identifying the number of bedrooms proposed for use.

  3. A diagram and/or photograph of the premises showing and indicating the number, location and dimensions of designated on-site and abutting on-street parking spaces that meet the minimum required number of parking spaces and maneuvering per Chapter 17.48 (Parking and Loading Standards).

  4. Acknowledgment by signature that the owner and authorized representative have read all the regulations relating to the operation of a short-term rental.

  5. Certification of the accuracy of the information submitted, and agreement to comply with the conditions of the permit.

  6. Consent to inspection to ensure compliance with this Section.

• C. Limits on permit transfer. Any STR application submitted after adoption of this Section, is specific to the owner of the dwelling unit or owner-authorized buyer for which the permit is issued. This means that the STR permit shall not run with the land, but shall terminate and be void with no further proceedings on sale or transfer of the real property which was rented pursuant to the STR permit.

Limits on permit transfer. Any STR application submitted after adoption of this Section, is specific to the owner of the dwelling unit or owner-authorized buyer for which the permit is issued. This means that the STR permit shall not run with the land, but shall terminate and be void with no further proceedings on sale or transfer of the real property which was rented pursuant to the STR permit.

Sale or transfer means any change of ownership during the lifetime of the permit holder, whether or not there is consideration, or after the death of the permit holder, except a change in ownership where title is held in survivorship with a spouse or domestic partner, or a transfer on the owner's death to a trust which benefits only a spouse, child(ren) or domestic partner for the lifetime of the spouse, child(ren) or domestic partner. The survivor may not sell or transfer title, except that title may transfer among the survivors. A sale or transfer also does not mean: (1) the transfer of ownership from the owner(s) of the real property to or between the members of a limited liability company or partnership when the transfer involves the same owners; or (2) the transfer to a trustee, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity, if at least one owner is living at the time of transfer so long as that owner retains at least a 25 percent interest in the entity. The permit or nonconforming right shall terminate if the original owner ceases to own at least 25 percent interest in the entity. If the owner is a corporation, the shareholders of the corporation shall be considered the owners for purposes of this Section.

• D. Occupancy. The maximum occupancy for the dwelling shall be two persons per bedroom plus two additional persons. For example, a two-bedroom dwelling would have a maximum occupancy of six persons.

• E. Parking. One off-street parking space per bedroom is required:

  1. If the garage is to be utilized to meet the parking requirement, a photo of the interior of the garage shall be submitted to show the garage is available for parking. The garage shall continually be available for guest parking as long as the STR permit is valid.

• F. Prohibited use. No recreational vehicle, travel trailer, or tent or other temporary shelter shall be used in conjunction with the short-term rental.

• G. Short-term rental operating license. In addition to obtaining a STR permit under this Section, persons operating short-term rentals must register as required in and otherwise comply with

Chapter 3.24 (Transient Occupancy Tax) and other applicable provisions of the Code. Failure to do so is grounds for permit suspension or revocation.

• H. Abandonment of use.

  1. Notwithstanding Chapter 17.130 (Nonconforming Uses, Structures and Parcels), if the STR ceases for a period of more than 12 months, the STR permit shall be void with no further proceedings.

  2. Failure to maintain the STR permit shall be considered abandonment of use.

  3. Temporary hardship exemption.

• a. A temporary hardship exemption from this Section may be granted by the City Planner or designee. The following hardships, including a submission of proof, may be acceptable to the City:

     - i. Medical condition of the owner, spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the STR; 
  
     - ii. Death of a spouse, domestic partner or immediate family member that jeopardizes the ability of the owner to operate the STR; or 
  
     - iii. Structural integrity of the STR that deems it uninhabitable for tenants and is not selfimposed. 
  
  - b. A time limit may be set by the City Planner or designee, but shall not exceed six months. A one-time extension may be approved upon request if one of the conditions of subsection (H)(3)(a) of this Section still applies.
  

I. Expiration of approval and initiation of use. If the STR does not initiate the use by renting the STR at least one night within the first 12 months of obtaining a STR permit, the STR permit shall be void with no further proceedings.

• J. Prior existing use.

  1. Existing permits. Any existing STR may continue as a legal nonconforming use provided:

     • a. That the use is not abandoned under subsection (H) of this Section; and

     • b. That the owner registers as required by this Section and Chapter 3.24 (Transient Occupancy Tax). The owner of the dwelling has the burden of establishing a valid prior approval when registering.

• K. House rules. Each STR permit shall be subject to the house rules set forth in this Section. The permittee shall provide the City Planner with a copy of the house rules prior to rental of the unit and shall promptly notify the City Planner in writing identifying any changes to the house rules. Prior to each rental of a unit, a copy of the house rules, the rental agreement, and the STR permit shall be posted in a prominent location inside the STR unit, including, at a minimum, the following:

  1. As part of the application for rental, the prospective renter shall sign an agreement acknowledging the house rules and promising to comply with them.

  2. The permittee shall limit overnight occupancy of the vacation rental to the specific number of renters designated in the permit, consistent with subsection (D) of this Section.

  3. The permittee shall limit the number of vehicles of overnight renters designated in the permit, and shall require overnight renters to utilize designated on-site parking spaces to the maximum extent possible.

  4. The permittee shall provide access to the garage of the residence if that area has been included in the determination of the number of available on-site spaces per this Code.

  5. The permittee shall provide appropriate refuse and recycling service for the STR. Property shall be free of debris both on-site and in the street.

  6. Quiet times shall be nine p.m. to seven a.m. Sunday through Thursday evenings and ten p.m. to seven a.m. Friday and Saturday evenings.

7. The permittee shall ensure that the renters and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise or disorderly conduct.

   8. The permittee shall, upon notification that renters and/or guests of the STR have violated any house rules promptly act to stop the violation and prevent a recurrence of the violation.

   9. Pool and hot tubs shall be adequately screened from adjacent properties to minimize noise impacts and shall have the hours of operation clearly posted adjacent to the facility.

   10. Exterior lighting shall also be adequately shielded from adjacent properties to minimize light pollution impacts in accordance with Chapter 17.43 (Lighting Regulations).

   11. It is prohibited to use the STR unit for any wedding, auction, commercial function, or other similar event that is inconsistent with the use of the property for transient occupancy in a residential neighborhood.

   12. Pets may be permitted by STR permittees, however the pet must be attended to at all times.

• L. Inspection. Any STR applications submitted after adoption of the ordinance adding this Section, shall be subject to inspection prior to commencement of the use by the City for compliance with this Section.

  1. The City Planner or designee may conduct a site visit upon an application for an STR to confirm the number of bedrooms stated on the application and the number, location and availability of on-site parking spaces. The site visit will be coordinated with the applicant and be conducted during normal business hours, and with reasonable notice.

  2. The City Planner or designee may visit and inspect the site of a STR on a prescribed schedule to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice and other procedural safeguards as necessary. Code violations shall be processed in accordance with Chapter 17.190 (Revocations and Modifications) and Chapter 17.200 (Enforcement).

• (Ord. 707 §3, 2019)

This Section establishes standards for the City review of child day care facilities, in compliance with State law, including the limitations on the City's authority to regulate these facilities, in a manner that recognizes the needs of day care operators and at the same time minimizes the effects on surrounding residents. These standards apply in addition to the other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social services is required for child day care facilities.

• A. Standards for small family day care homes. The following standards shall apply:

  1. Permit requirements. Small family day care homes shall be a permitted use as part of a single family dwelling. A land use permit shall not be required to establish a small family day care homes provided the family day care home complies with the requirements of this subsection and State laws regulating small family day care homes.

  2. Primary use as residence required. The small family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the property as a residence.

  3. Fire protection. The facility shall contain a fire extinguisher and smoke detector devices.

• B. Standards for large family day care homes. The following standards shall apply:

  1. Permit and notice requirements. Large family day care homes shall be a permitted use as part of a single family dwelling located in a residential zoning district. Permit processing for large family day care homes shall be subject to the following:

     • a. A large family day care home shall require the approval of a nondiscretionary Large Family Day Care Permit by the City Planner. Instead of the public notice required by Chapter 17.180 (Public Hearings), property owners within 100 feet of the proposed site shall be provided notice of the application at least 10 days before the date of the City Planner's decision on the entitlement. A public hearing shall not be held unless requested in writing by the applicant or other affected person(s).

     • b. The notice shall clearly indicate that State law requires that the entitlement be issued, authorizing operation of the large family day care home on any parcel zoned for a single-family dwelling, subject to the applicable standards in this subsection. Further, the notice shall state that the determination may be appealed to the Planning Commission, in compliance with Chapter 17.140 (Appeals), but that the Planning Commission may only grant the appeal and reverse or modify the determination if the Planning Commission finds that the City Planner's determination was contrary to City or State laws governing large family day care homes; and

     • c. A Large Family Day Care Permit shall be issued if the City Planner determines that the proposed large family day care home will comply with the standards in this subsection.

• d. Refer to Section 17.200.050 (Initial Enforcement Action) if problems arise.

  2. Primary use as residence required. The large family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the property as a residence.

  3. Fire protection. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the Jackson Fire Department.

  4. Health and safety standards. Each facility shall be inspected by the City for compliance with the Housing Code and any regulations adopted by the State Fire Marshall concerning standards applicable to day care facilities; and each facility shall comply with all health and sanitation requirements administered by the Amador County Health Department.

  5. Noise standards. In order to protect adjoining residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. Additionally, the facility shall be in full compliance with Chapter 17.44 (Noise) for the subject zoning district.

  6. Off-street parking.

     • a. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with Chapter 17.48 (Parking and Loading Standards), one

additional space for the drop-off and pick-up of the children utilizing the facility to ensure that the children are not placed at risk and street traffic is not unduly interrupted, and one additional parking space for each person working at the facility, other than a person who resides at the home.

  - b. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter **17.48** (Parking and Loading Standards). The facility shall be provided with adequately designed off-street drop-off and pick-up areas and an offstreet turnaround area to ensure that vehicles reentering the street will be able to do so without the need for backup maneuvers. 

7. Private road access.

   • a. If the proposed day care home does not have access to a City-maintained road, the applicant shall join, form, or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from the Association shall accompany the application. If a new road maintenance agreement is required, the City Engineer shall review the submitted agreement.

   • b. As an alternative to entering into a road maintenance agreement with a homeowners association the day care provider may decide to be solely responsible for the maintenance of the private road. This decision by the day care provider shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office.

native to entering into a road maintenance agreement with a homeowners association the day care provider may decide to be solely responsible for the maintenance of the private road. This decision by the day care provider shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office.

8. Separation standards. A proposed large family day care home shall be located so that no adjoining residentially-zoned parcel is bordered on more than one side by a care facility, and so that no other care facility is located within 300 feet of the proposed facility. These separation standards may be reduced by the City Planner through a Minor Use Permit, in accordance with Chapter 17.76 (Use Permits and Minor Use Permits).

9. Signs. On-site signs shall be in compliance with Chapter 17.54 (Sign Regulations).

• C. Standards for child day care centers. The following standards shall apply, in addition to the standards in subsection B (Standards for large family day care homes), above:

  1. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool, and school age children;

  2. Outdoor play areas. An outdoor play area shall be provided in the rear yard of the site, as follows:

     7. Minimum area. The play area shall have at least 75 square feet for each child, but not less than a total of 450 square feet; and

     8. Fencing. A six-foot high solid decorative fence or wall shall be constructed around all outdoor play and activity areas, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Section 17.30.070 (Fences, Walls, and Hedges);

  3. Pools/spas. Swimming pools/spas shall not be installed, due to high risk and human safety considerations. Additionally, an existing pool/spa shall not remain on the parcel, unless determined by the City Planner that adequate, secure separation exists between the pool/spa and the facilities used by the children.

• A. Purpose. This Section establishes location criteria and standards for the development of churches/places of worship, community centers, membership organizations, and related accessory uses that provide for compatibility with adjoining land uses. (Related uses of the above including educational, day care, and major recreational facilities that are allowed in the applicable zoning district as a permitted or conditional use shall be applied for at the same time of the initial application for the church/place of worship, community center, or membership organization or a subsequent land use permit will be required to establish the use.)

• B. Location criteria. New facilities shall be located either:

  1. Located within or contiguous with zoning districts allowing multifamily, commercial, manufacturing, or public land uses; or

  2. With frontage on a road designated by the City as a collector road, or higher functional standard road.

• C. Access.

  1. Direct access to a collector road is not required, but all access shall have a minimum 24foot wide paved roadway. If the proposed use does not have access to a City maintained road, the applicant shall join, form, or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from the Association shall accompany the application. If a new road maintenance agreement is required, the City Engineer shall review the submitted agreement.

  2. As an alternative to entering into a road maintenance agreement the applicant may decide to be solely responsible for the maintenance of the private road. This decision by the applicant shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office.

• D. Setbacks. A minimum setback of 25 feet is required from any residentially zoned parcel or any parcel with a residential use as its main use. At least 15 feet of the setback shall be landscaped with the intent of screening all structures and paved areas.

• E. Site coverage. All new facilities shall meet the lot coverage standards determined by Table 3-13.

The following supplemental regulations are intended to implement the general plan housing policy on accessory dwelling units, by allowing accessory or second dwelling units subject to zoning permit

in accordance with Development Code, Article IV, Chapter 17.70 (Applications, Processing and Fees), and compliance with the standards listed below, except for those accessory dwelling units which only require a building permit as provided in subsection (H) of this Section. The accessory dwelling unit zoning clearance application shall be considered ministerially without any discretionary review or a hearing and shall be approved or denied within 120 days after receipt of a complete application.

A. Design and development standards.

1. The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling or a single-family dwelling will be constructed in conjunction with the accessory dwelling unit.

2. An accessory dwelling unit shall be within or attached to the primary structure with a common wall (providing a minimum five lineal feet of attachment), and shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet, nor be less than 150 square feet in size. Alternatively, the accessory dwelling unit may be detached from the primary structure and shall not exceed 1,200 square feet, nor be less than 150 square feet in size.

3. An accessory dwelling unit shall comply with the development regulations in Development Code, Article II, Section 17.07.040 (Residential Zoning District General Development Standards), including, but not limited to, the regulations for yards, building height, stories, lot coverage, and floor area ratio for the zoning district in which it is located, except as modified by this Section.

4. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

5. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

6. The exterior design, building materials, colors, window style, and exterior finishes shall be substantially the same as those on the existing dwelling.

7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. Outside access to the secondary dwelling unit shall be located or screened so as not to be visible from the abutting street.

8. An accessory dwelling unit shall meet the requirements of the building code, as adopted and amended by Title 14 of the Municipal Code, that apply to detached dwellings, as appropriate. Exception: An accessory dwelling unit is required to have fire sprinklers only if the primary residence is also required to have fire sprinklers.

9. A new or separate utility connection directly between the accessory dwelling unit and the utility may be required. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

B. Parking.

1. Except as provided in subsection (B)(2):

   • a. Accessory dwelling units must meet the following parking standards:

     • i. For accessory dwelling units with no separate bedrooms, one off-street parking space shall be provided per unit.

       • ii. For accessory dwelling units with at least one separate bedroom, one off-street parking space shall be provided per bedroom.

     • b. If parking is required:

       • i. The required parking spaces may be located on setback areas approved by the City Planner or tandem parking on an existing driveway, unless specific findings are made under subsection (B)(1)(b)(ii).

       • ii. Parking arrangements in subsection (B)(1)(b)(i) may be prohibited if the zoning administrator makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions, or that such arrangements are not permitted anywhere in the jurisdiction.

       • iii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts.

   2. Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:

      • a. The accessory dwelling unit is located within one-half mile of public transit.

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

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

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

      • e. When there is a car share vehicle located within one block of the accessory dwelling unit.

• C. Nonconforming units. If the existing primary dwelling unit is a legally nonconforming unit, an accessory dwelling unit may be constructed only if the nonconformity is not expanded and the accessory dwelling unit meets all current applicable zoning and building standards.

• D. No subdivision. No subdivision of land or air rights are authorized that would result in the accessory dwelling unit being located on a separate lot. The accessory dwelling unit shall not be intended for sale separate from the primary dwelling.

• E. Occupancy. The owner of a parcel containing an accessory dwelling unit shall occupy either the primary or the accessory dwelling unit. The city shall require recordation of a deed restriction providing for this restriction before issuance of the certificate of occupancy. The accessory dwelling unit may be rented.

• F. Preexisting units. An accessory dwelling unit constructed or converted without a building permit before adoption of the city's accessory dwelling unit regulations must obtain a building or code compliance permit and zoning permit to legalize the use.

• G. One unit. There shall not be more than one accessory dwelling unit on any parcel.

• H. Exception. An accessory dwelling unit is exempt from the requirements of this Section and may proceed with a building permit if the unit meets all the requirements of subsection (H)(1):

  1. The accessory dwelling unit:

     • a. Is one accessory dwelling unit per single-family lot located within a single-family residential zone;

     • b. Is contained within the existing [living area] space of a single-family residence or accessory structure;

     • c. Has independent exterior access from the existing residence; and

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

  2. If subparagraph requirements of subsection (H)(1) are met, then the applicant:

     • a. Is required to install fire sprinklers in the accessory dwelling unit if the primary residence is also required to have fire sprinklers;

     • b. Is not required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or to be charged a related connection fee or capacity charge.

     • c. Shall record a deed restriction as provided in subsection (E) of this Section and obtain a building permit as required by Title 14 of the Municipal Code.

• I. Effect. An accessory dwelling unit that conforms to this Section shall:

  1. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;

  2. Be deemed a residential use that is consistent with the general plan and the zoning designations for the lot;

  3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and

  4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service except in accordance with subsection (A)(9) of this Section.

• (Ord. 707 §4, 2019)

• A. Purpose and applicability. This Section establishes supplementary standards for drive-in restaurants and fast food establishments, with drive-through facilities, located within the C (Commercial) zoning district which conduct business while customers remain in their vehicles. Other types of drive-in and drive-through facilities are not permitted.

• B. Permit requirement. Drive-in restaurants and fast food or counter-service establishments, with drivethrough facilities, shall require Use Permit approval, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

• C. General standards. Drive-in and drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness and shall comply with the on-site circulation standards in subsection E , below, which are not applicable to drive-in theaters or service stations.

• D. Accessory use required. Drive-thru facilities may only be accessory to an allowable main use.

• E. On-site circulation. Parcels with drive-through facilities shall be provided with internal circulation and traffic control devices as follows.

  1. Aisle design. Drive-thru aisles shall be located and designed as follows.

     • a. The entrance/exit of any drive-thru aisle shall be at least 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel. The drive-thru aisle or stacking area (see following subsection (E)(2) shall not be located adjacent to a street frontage.

     • b. Drive thru-aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 12-foot width.

  2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drivethrough service that is physically separated from other on-site traffic circulation.

     • a. The stacking area shall accommodate a minimum of five cars for each drive-through window in addition to the vehicle(s) receiving service.

     • b. The stacking area shall be located so that the area for five cars is located before their reaching the menu board.

     • c. Separation of the stacking area from other traffic shall be by asphaltic or concrete curbing, or paint striping on at least one side of the lane.

  3. Walkways. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and emphasized by enhanced paving or marking.

• F. Screening. An eight-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned/occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the City Planner.

• G. Signs.

  1. Directional signs. Each entrance to, and exit from, an aisle and the direction of flow shall be clearly designated by signs and pavement marking(s) or raised curbs.

2. Menu boards. Menu boards shall not exceed 24 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned/occupied parcel.

• H. Minimum foor area for restaurants. To ensure that the drive-thru service facility is an accessory to a primary restaurant use, the minimum interior floor area for drive-thru restaurants shall be 1,000 gross square feet.

• I. Facility design within shopping centers. Drive-thru facilities within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru facility shall provide compatibility with surrounding uses in terms of color, form, materials, scale, etc.

• J. Parking. No reduction in off-street parking requirements shall be granted a restaurant because drivethru service facilities are provided.

• K. Public hearing notice. Whenever a hearing is held regarding a land use permit for a drivethrough facility, notice procedures for the public hearing shall comply with the requirements of Section 65091(d) of the California Government Code.

• A. Purpose. The following standards are established to ensure that the discretionary review of new electrical facilities would result in the approval of facilities that are compatible with surrounding

structures and land use activities, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

• B. Applicability. The standards shall apply to the following types of electrical facilities in compliance with State law (Government Code Sections 53091 and 53096 ):

  1. Electrical distribution lines of 100,000 volts or greater;

  2. Electrical substations within an electrical transmission system which receives electricity at 100,000 volts or greater; and

  3. The production or generation of electrical energy.

• C. Standards. All applicable electrical facilities shall comply with the following standards:

  1. All electrical facilities which produce or generate electrical energy shall be properly screened from public view. The extent and method (e.g., design, materials, etc.) of screening shall be subject to the approval of the City Planner;

  2. All Use Permits for electrical facilities shall be appropriately conditioned to ensure that the:

     • a. Facility would be located, designed, operated, and continually maintained in a manner which further ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities;

     • b. Facility would be reviewed at the end of the first full year of operation, and at least every five years thereafter, to ensure on going compliance with all conditions, rules, and regulations governing the operation of the facility;

     • c. Owner/operator of the facility clearly displays all of the conditions, rules, and regulations governing the operation of the facility and conducts routine classes for all employees to review the expected levels of employee conduct to further ensure full compliance with the conditions, rules, and regulations;

  3. The owner/operator shall take all necessary steps to provide for the following on-going safety/security measures at electrical substations and facilities that produce or generate electrical energy:

     • a. The owner/operator shall prevent the unauthorized entry of persons or animals by providing surveillance to control entry onto the facility; and

     • b. Perimeter fencing shall be constructed of a material and at a height specified by the City Planner.

  4. The owner/operator shall cooperate with the City in complying with all of the following ongoing monitoring measures:

     • a. The City shall be authorized to enforce all conditions, rules, and regulations related to the facility, including entry onto the subject property to ensure compliance; and

     • b. The owner/operator shall immediately distribute copies of all compliance reports as to facility operations, and copies of all inspection reports made by other local, Regional, State, or Federal agencies to the City Planner.

  5. The following additional conditions should be imposed by the Commission:

• a. Before issuance of a Certificate of Occupancy, the owner/operator shall document that all financial responsibility requirements imposed by State or Federal agencies have been met;

  - b. The owner/operator shall indemnify, defend, and render the City harmless against all claims, actions, or liabilities relating to permit approval, and the subsequent
  

development/operation of the electrical facility;

• c. The owner/operator shall prepare and submit an emergency response plan and annual preparedness report to the City Planner. The plan/report shall be initialed by each person at the facility who has emergency response assignments; and

• d. The City may employ any and all methods allowed by law to enforce the provisions of this Section, and related requirements of the Municipal Code.

• D. Additional fndings. The following finding shall be made in addition to those findings identified in Section 17.76.030 (Findings and Decision) before granting the approval of a Use Permit for the proposed electrical facility: The electrical facility shall be located, designed, operated, and continually maintained in a manner which ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

This Section establishes standards for the development and operation of home occupations that are secondary to, and compatible with surrounding residential uses. A home occupation is an accessory commercial activity or business service use customarily conducted entirely within a dwelling, by its residents only, in a manner clearly incidental to the residential character of the site and surrounding neighborhood.

• A. Exempt activities. Home occupations conducted solely by residents of a housing unit that are limited to the use of a desk, telephone, personal computer and computer accessories, or other similar home office equipment and do not generate pedestrian or vehicular customer or delivery trips shall be exempt from the requirements for a Home Occupation Permit.

• B. Permit requirement. A Home Occupation Permit shall be obtained and posted in compliance with this Section for home occupations, which are allowed as accessory uses in all residential zoning districts. A statement of compliance with the operating standards identified in subsection D , below shall be signed before issuance of the Home Occupation Permit.

• C. Operating standards. Home occupations shall comply with the following operating standards:

  1. The home occupation shall be clearly secondary to the full-time use of the structure as a dwelling;

  2. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public rights-of-way or from neighboring parcels;

  3. The use shall not display window or advertising sign(s) (one name plate not exceeding one square foot in area may be allowed by the City Planner), merchandise or stock in trade, or other identification of the home occupation on the premises;

  4. The home occupation shall be confined to not more than 25 percent of the floor area of the main dwelling nor more than 400 square feet of floor area, whichever is greater, and not within an accessory structure. Storage shall not occur out-of-doors or within a required enclosed garage, that would eliminate or constrict required parking;

  5. The home occupation shall comply with all applicable provisions of the City Building Code;

  6. The residence shall have and maintain at least two on-site parking spaces;

  7. Only one vehicle, with a capacity not exceeding one ton may be used by the resident directly or indirectly in connection with a home occupation;

  8. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or explosive, flammable, or hazardous materials;

  9. The home occupation shall not create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances; and

  10. The home occupation shall not generate pedestrian or vehicular customer or delivery greater than two trips per day. A trip for the purposes of this Section shall be defined as one entry trip and one exit trip from the parcel.

• D. Home occupations requiring Minor Use Permit approval. The following are activities that may not comply with the operating standards in subsection C above, but may be allowed with Minor Use Permit approval, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits):

  1. A use that utilizes an accessory structure for the home occupation;

  2. A use exceeding 400 square feet or 25 percent of the floor area of the main dwelling, whichever is greater. In no case shall the use, including storage areas and accessory structures, exceed either 1,000 square feet or 40 percent of the floor area of the main dwelling, whichever is less;

  3. A use employing no more than one person living off-site and working at the dwelling at any one time, or more than two of the permanent residents;

  4. A use which entails food handling, processing, or packing;

  5. A use which includes hand woodworking or machine work;

  6. A one-chair barber shop or beauty salon; a use which involves home visits for three or more clients, patients or pupils at a time; direct product distribution; pet grooming; or any other use or occupation which the City determines is similar in nature to the previously listed uses;

  7. A single dwelling unit with more than one home occupation; and

  8. A use which generates pedestrian or vehicular customer or delivery traffic exceeding more than two trips per day. In no case shall vehicular customer and delivery traffic exceed more than 10 trips each day.

• A. Purpose. This Section establishes standards for the development and operation of emergency shelters to be compatible with surrounding land uses.

• B. Emergency shelters shall comply with the following operating standards:

  1. The cumulative total number of beds allowed within each emergency shelter shall be no more than 12;

  2. An emergency shelter may not be located within 300 feet of another emergency shelter;

  3. There shall be provided one parking space per employee and one parking space for every four beds (or fraction thereof);

  4. Services shall be limited to overnight accommodation and meals for residents and employees only. Admittance shall be between the hours of 7:00 am and 10:00 pm;

5. Each shelter shall be operated by a responsible agency or organization that has experience in managing and/or providing social services;

6. An on-site manager shall be present during operating hours;

7. A written management plan addressing at a minimum staff training, security, neighborhood communication, client intake, loitering control, referral services, outdoor storage, refuse control, and facility maintenance shall be submitted to and approved by the Planning Department prior to operation.