Chapter 12.08.4

GENERAL USE DESIGN AND OPEN SPACE REQUIREMENTS

• 4-1. Purpose and Applicability

In addition to the regulations specified in this Part for each of the principal zone districts, the general regulations set forth in this Chapter shall be applicable to each and every such zone, including combining zones. In the event of conflict between the particular regulations set forth in this Chapter, the more restrictive regulations shall apply.

• 4-2.

• Accessory Uses

Accessory uses, as defined in this Part, shall be permitted as appurtenant to any permitted use unless otherwise provided in this Part, provided that no accessory use shall be conducted on any property in any residential zone district unless and until the main building is erected and occupied, or until a use permit is secured.

• 4-3. Assemblages of Persons and Vehicles

No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, outdoor concerts or similar assemblage of people and automobiles shall be permitted in any zone district unless a conditional use permit is approved by the City Council.

• 4-4. Convalescence of Immediate Family Members

  • A. The use of a temporary dwelling to support the convalescence of immediate family members as permitted in this Part is subject to the following requirements:

    1. Such usage contemplates and will permit only short-term use of a mobile home or recreational vehicles as temporary dwellings.

    2. Size of the temporary dwelling not to exceed 40 feet in length.

    3. The convalescent person must be a member of the immediate family of the application, or the convalescent person is the applicant and the temporary dwelling will be occupied by an immediate family member to assist the convalescent person.

    4. Applicant must validate the application with a certificate from the physician as to the health condition of the applicant’s immediate family member.

    5. Applicant must certify as to inadequate housing arrangement in the main structure.

    6. Each permit shall only be for one year, there shall be no extensions granted, however, re-issuance is possible.

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  7. The temporary dwelling must be removed within 30 days after the convalescing person no longer needs aid. 

  8. The director of public works and/or the building inspector must approve the water and sewer hookups. 

  9. The applicant is responsible for and must seek approval of the county health department as to the living quarters. 

  10. Each conditional use application must be concurrently with an agreement to pay additional current base rate sewer and water charges. 

  11. All electrical and telephone wiring and plumbing must be a type allowed by the California Building Code for outside wiring, plumbing and must be approved by the building official subject to limitations by any local utility company requirements.  Such services must be approved and permits obtained from the building department prior to occupancy.

• B. Any variations of the above requirements can only be altered by processing and receiving approval of a conditional use permit.

• 4-5. Height limitations and Modifications

  • A. Height of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof, but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment and similar architectural and mechanical appurtenances shall be excluded in making such measurements. Height limitations provided in this Part shall not apply to electric transmission lines and towers, except as provided in Part 12.08.37.

  • B. Exceptions to height restrictions required within this Part may be granted by processing a use permit.

• A. A “home occupation use permit” which allows the operation of a business in a home located in a residential zone district, may be issued by the Building Official or Building Official’s nominee, without the necessity of public notice, a public hearing, or City Council action, upon a finding that the following conditions exist:

  1. The proposed business activity involves only the use of telephone, internet and mail at the subject premises;

  2. The business does not involve shipping, receiving, repacking, or the storage of any materials on the subject premises;

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  3. The business will not employ any persons at the subject premises who do not occupy the same as their residence; 

  4. One unlit sign of 1 foot x 1 foot, attached to the building; 

  5. No customers, clients, patients, salespersons, or other persons will be visiting the subject premises in connection with the business; 

  6. There will be no other indications of business activity visible to neighbors or to the public, at the subject site, resulting from the use; and 

  7. There will not be any other significant negative impact upon the environment, public safety, or public welfare. 

  8. Require issuance of a business license. 

• B. Any person who is denied a home occupation use permit by the Building Official pursuant to Part A above may apply to the City Council for the same.

• 4-7. Child and Adult Day Care

  • A. Purpose and intent. The provisions set forth in this Part are intended to enable child and adult day care opportunities throughout the City, to ensure that day care facilities will be compatible with residential uses and to comply with applicable sections of the California Health and Safety Code.

  • B. Permits required.

    1. Adult day care facilities serving six or fewer clients on-site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No conditional use permit is required.

    2. Adult day care facilities serving seven to 12 clients on site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Planning Director, consistent with the following review procedures:

       • a. Public notice. Mailed notice of the proposed use shall be given to all property owners within no more than a 100-foot radius of the exterior boundaries of the proposed facility site, no fewer than ten days prior to the Planning Director’s action to approve or deny an application for a day care facility serving seven to 12 adults or nine to 14 children. If no written request for hearing is received by the City within 10 days from the mailing of these notices, the Planning Director may approve the requested use upon submission

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of all required information and without further notice or public hearing.

• b. Public hearing. A public hearing shall be required if requested in writing by the applicant or any others.

  - c. Approval.  The Planning Director is authorized to approve day care facilities serving seven to 12 adults or seven to 14 children.  In accordance with applicable sections of the California Health and Safety Code, the Planning Director shall approve the use when the Planning Director determines that the proposed facility: 
  
     - i. Complies with all applicable provisions of the Fire Code regarding health and safety; and 
  
     - ii. Has been issued a day care license from the State of California, Department of Social Services; and 
  
     - iii. Will satisfy performance standards of this Part relating to noise, traffic and parking. 
  
  - d. City regulatory authority for family day care homes.  In accordance with the California Health and Safety Code, the City cannot deny an application for a large family day care home, but can apply standards of conditions of approval to address concentrations of these types of uses within a neighborhood, traffic control and parking and noise control.  Also, in accordance with State law, the City may not impose fees for small or large family day care home applications or business licenses. 
  

  3. Day care facilities serving more than 12 adults or more than 14 children require approval by the Planning Director where not otherwise allowed or prohibited.

• C. Performance standards for day care facilities serving more than six adults or more than 14 children.

  1. Noise. Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m.

  2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpoolmatching services to all clients.

• Parking:

• a. Day care facilities with seven to 12 adults or nine to 14 children, 1 on-site parking space is required, in addition to parking required

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for the residence, except when the Planning Director finds that adequate on-street parking exists for dropping off and picking up clients.

  - b. Day care centers with more than 12 adults or more than 14 children must provide 2 spaces per facility and one space for each 12-day care clients (based on the facility’s license), rounded to the nearest whole number, in addition to any spaces required for the residential use. 

• D. Day care as an accessory use. When day care facilities are accessory to another use requiring an approval, only one application need be filed and acted on. As accessory uses to schools and churches and where an employer provides on-site childcare to 14 or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards.

• D. Day care as an accessory use. When day care facilities are accessory to another use requiring an approval, only one application need be filed and acted on. As accessory uses to schools and churches and where an employer provides on-site childcare to 14 or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards.

  • E. Exceptions. Nothing in this Part shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations. The Planning Director may authorize minor exceptions to performance standards upon finding that the modification is in accordance with the intent and purpose of the Zoning Regulations and consistent with the City’s day care policy.

  • F. Nonconforming status. All day care facilities licensed by the State at the time of ordinance adoption (2021) shall be considered legal nonconforming uses, consistent with Chapter 12.8.22, except that nonconforming day care facilities may not be changed to another nonconforming use.

• 4-8. Mining and Removal of Natural Materials

Mining and removal of minerals and natural materials, including materials to be used for commercial purposes, may be allowed in any zone, with the exception of removal of materials for normal construction or underground facilities, or where such removal is primarily for building site grading and land leveling.

• 4-9. Manufactured Home Park Standards

All manufactured home parks shall be subject to the following requirements, plus other requirements that may be made conditions of use permit approval:

• A. Minimum lot area: 5 acres

• B. Minimum recreation space: 10% of the total project site. The minimum size of any single outdoor recreation space shall be 2,500 square feet.

• C. Minimum yards around the perimeter of the park:

  1. Front (abutting any street): 20 feet (landscaped)

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2. Side and rear: 10 feet suitably landscaped to provide effective screening. Fences or wall may be required as condition of approval of use permit as a means to achieve neighborhood compatibility.

• D. All areas not used for access, parking circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean and sanitary condition.

• E. All circulation roads shall be at least 25 feet from curb to curb and shall be increased in width by 10 feet for curb parking space on each side of the street on which such curb parking is permitted. All roads and parking spaces shall be permanently paved. Two parking spaces or the equivalent thereof shall be provided for each mobile home site, plus one guest parking space for each 10 mobile home sites. The manufactured home spaces may be provided as tandem parking.

• F. Each home site shall have a minimum area of 3,500 square feet. In no instance shall the density of the site exceed the density permitted in the base zoning district.

• G. The minimum distance between any manufactured homes is 10 feet. The minimum distance between an accessory structure on one site and a manufactured home on an adjacent site shall be 10 feet.

• H. The City Council may modify the above requirements for an existing substandard park proposed to be enlarged or extended; provided, that the modifications are limited to the extent that the overall improvements in the design or standards of such existing park will result.

Manufactured structures, including mobile homes, may be located on individual lots for residential (and treated the same as other residential development) or office use, in accordance with state law.

• A. Structures. Only structures certified by the Department of Housing and Urban Development as meeting the requirements of the National Manufactured Housing Construction and Safety Act of 1974, or meeting all requirements of the California Building Code, will be allowed.

• B. Permanent residential use:

  1. Manufactured housing shall be allowed in all zones where single-family residential houses are allowed subject to the same development standards for conventional single-family residential dwellings limited to roof overhang, roofing and siding material restrictions (refer to residential development standards in the base zoning district).

  2. Manufactured structures for residential use shall be subject to the same development standards as other residential buildings referenced within the

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Zoning Code, and may be located only in residential zones. As with all other residential buildings, manufactures structures shall be installed on a solid concrete or masonry foundation, extending a minimum of 12 inches below grade, and the structure, foundation and anchorage system shall conform to the requirements of the California Building Code.

3. The under-floor area of the structure shall be enclosed with permanent materials conforming to California Building Code requirements for contact with, or separation from, the soil.

4. Roofing and exterior siding materials shall be of types customarily used on conventional dwellings.

• C. Temporary office use:

  1. A manufactured structure may be used as a temporary office, in commercial or industrial zones, for a period not exceeding 1 year, during reconstruction of a damaged structure, or alteration of an existing structure. The City Council may extend the temporary use for an additional 6-month period, provided substantial progress has been made in the permanent construction.

Temporary installations may be made with temporary masonry or steel foundations. Adequate anchorage shall be constructed to conform to the California Building Code.

Accessory and Junior Accessory Dwellings shall be allowed and created in all zones, including mixed use zones, that allow single family and multiple family residential uses in accordance with California Government Code Sections 65852.1 and 65852.2 as may be amended from time to time.

The City Council at its discretion may require a fiscal impact analysis for new development to ensure the City has adequate financial resources to support new development. This potential requirement of the City Council shall not be applicable to nondiscretionary projects, such as streamline housing projects, as provided under California Government Code § 65913.4 and/or other nondiscretionary activities referenced by state law. A Fiscal Analysis report shall enumerate and describe the fiscal impacts of a development. A Fiscal Analysis shall provide fiscal impacts on the City’s general fund, transportation and/or City’s enterprise funds, as applicable; the ability of the City including the fire department. The City will not normally approve a development proposal or zone change where it is reasonably likely that existing City ratepayers and/or taxpayers will have to subsidize services provided to the proposed new development.

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Transmission and distribution lines both overhead and underground, shall be permitted in all districts without limitation as to height, without the necessity of obtaining a use permit; provided, however, that the routes of all proposed gas, telephone, television cable and electric transmission lines shall be submitted to the City Council for review and approval prior to the acquisition of rights-of-way or application to the Public Utility Commission.

• A. The City shall require an appropriate agricultural buffer (on lands within a development project) from the boundary of an adjacent agricultural use containing Classes I through IV agricultural lands. Alternatively, the City may require an agricultural easement through the purchase of permanent recorded agricultural easements with a 1 acre of development land to 2 acres of conservation easement ratio on lands having equal agricultural value and at risk of conversion as the lands proposed to be converted from agricultural to urban uses on lands within the Loyalton Planning Area.

• B. The City Council may pursue public use opportunities by enhancing public access to Smithneck Creek during the review of development proposals and flood prevention projects.

Emergency shelters and low-barrier navigation centers shall comply with all objective standards identified in California Government Code § 65583(a)(4), that include, but may not be limited to the following:

• A. Shall not be located within 300 feet of any other emergency shelter, unless such social service is located within the same building or on the same lot.

• B. There shall be adequate space inside the structure such that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.

• C. There shall be a gated and fenced outdoor area.

• D. Lighting shall be provided for appropriate surveillance subject to approval of the Police Department.

• E. A management plan is required for all to address management experience, good neighbor issues, transportation, client supervision, client services and food services. Such plan shall be submitted to and approved by the City. Minimum standards and practices in the plan shall be as follows:

  1. The facility shall be operated by a responsible agency or organization, with experience in managing or providing social services.

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2. The facility shall have an identified administrator and representative to address community concerns.

3. The facility shall provide at least one responsible onsite supervisor at all times for every ten occupants.

4. Residents shall be regularly evaluated by persons experienced in shelter placement and/or management.

5. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services and employment opportunities.

6. Medical assistance, training, counseling and personal services essential to enable homeless persons to make the transition to permanent housing may be provided, with or without meals, as an incident to the operation of such a facility.

7. Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

• F. The facility shall be maintained in a safe and clean manner and free from refuse or discarded goods.

• G. Low-barrier navigation center applications shall be processed in accordance with California Government Code § 65664 timelines for action; the City must notify the developer within 30 days if the application is complete under California Government Code § 65493 and then must act on the application within 60 days from the date the application has been deemed complete.

All the following performance standards must be met for single room occupancies:

• A. Minimum size shall be 250 square feet and maximum size shall be 400 square feet in size.

• B. A minimum of 10 square feet for each unit or 250 square feet, whichever is greater, shall be provided for a common area.

• C. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Planning Director may be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.

• D. A single room occupancy management plan shall be submitted to, reviewed, approved and enforced by the Planning Director and shall be approved before

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issuance of a Certificate of Occupancy. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures and staffing needs including job descriptions. The approved management plan shall be in recordable form as approved by the City Attorney and recorded before issuance of a Certificate of Occupancy.

• E. A 24-hour resident manager shall be provided for any single room occupancy use with 12 or more units.

• F. Each unit shall be provided a kitchen sink serviced with hot and cold water with a garbage disposal and a counter top measuring a minimum of 18 inches wide by 24 inches deep. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.

• G. For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

• A. Purpose, intent and applicability. The purpose of this Part is to establish procedures for the City’s review process for new development within the City. Purpose and intent. Projects which are subject to development review shall require submittal of a complete application, in accordance with information requirements checklists maintained by the City. Application review and process shall be subject to payment of fees in accordance with the City’s Fee Schedule to defray the City’s cost to process applications.

• B. Projects subject to development review. Projects subject to development review consist of any development that requires a building permit that involves construction that results in physical changes to property except of signs which are subject to review in accordance with Chapter 12.08.25. Projects that involve construction of a new house on an existing lot, increased floor area to a house, accessory dwelling units, streamline housing and other ministerial review provided for under state law requires preliminary review by the Building Official for compliance with the Zoning Ordinance. Other small projects, including multiple family housing (less than 5 units), affordable housing in accordance with California Health and Safety Codes § 50106, and other projects are subject to ministerial review. Also projects involving construction of less than 500 square feet of nonresidential shall be subject to ministerial review for Zoning Ordinance compliance by the Planning Director and Building Official. Other projects involving larger

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development shall be subject to discretionary review by the City Council, which includes review for compliance with the Zoning Ordinance and other review.

• C. Streamline housing development. Certain qualifying housing projects shall be processed in a manner in accordance with California Government Code §§ 65903, 65913, 65943 and 65950. This provision shall remain in effect for the terms prescribed by the California Government Code.

• D. Conditions of approval. Decisions pertaining to projects that are subject to development review may include conditions to assure that they are designed to be in compliance with the Zoning Ordinance.

• E. Requirements for and compliance with conditional use permits and/or variances. Conditional use permits and/or variances that involve appearance impacts on the City may also be subject to development review.

• F. Ministerial review of projects subject to ministerial review shall comply with all development standards outlined in this Code. Exceptions to objective design standards referenced within each zoning district may be approved as a discretionary project subject to consideration of the City Council.

In accordance with the California Government Code § 65915(c)(3), the City shall require replacement housing units on sites identified in the site inventory when any new development (residential, mixed-use or non-residential) occurs on a site that has been occupied by or restricted for the use of lower-income households any time during the previous five years (generally as a condition of project approval). This requirement shall apply to non-vacant sites and vacant sites with previous residential uses that have been vacated or demolished. To comply with California Government Code § 65583.2(c), to allow residential uses by right for housing developments (which at least 20% of the units are affordable to lower income households on vacant sites that were identified in the two previous housing elements), the vacant sites identified for residential high density development (which are more than 0.5 acres and less than 10 acres) may not be re-zoned or built at less than 13 units per acre, unless replacement sites of equivalent size, zoning and development capacity are established by the City.

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