Loyalton Municipal Code Part 12 Land Use

Chapter Section

Ordinance No. 304

Ordinance No. 306

Limitations on Land Use and Structures (except as otherwise provided in this Part) 1-12. General Plan Amendments

3-1. Zone Change – Notification of County Assessor and Owner of Record 3-2. Permit Issued in Conflict with Provisions Prohibited 3-3. Public Nuisance Declared 3-4. Remedies Nonexclusive 3-5. Violation – Penalty

4-1. Purpose and Applicability 4-2. Accessory Uses 4-3. Assemblages of Persons and Vehicles 4-4. Convalescence of Immediate Family Members 4-5. Height Limitations and Modifications 4-6. Home Occupations 4-7. Child and Adult Day Care 4-8. Mining and Removal of Natural Materials 4-9. Manufactured Home Park Standards 4-10. Manufactured Structures 4-11. Accessory and Junior Accessory Dwelling Units 4-12. Fiscal Impact 4-13. Transmission and Distribution Lines 4-14. Agriculture and Open Space Lands 4-15. Emergency Shelters and Low-Barrier Navigation Centers 4-16. Single Toom Occupancies 4-17. Development Review 4-18. No Net Loss of Lower Income Housing Unit

5-1. Purpose and Applicability 5-2. Permitted Uses 5-3. Permitted Uses Subject to a Conditional Use Permit 5-4. Design Standards Purpose 5-5. Design Standards Purpose 5-6. Building Design Standards/Guidelines

6-1. Purpose and Applicability 6-2. Principal Permitted Uses 6-3. Conditional Uses Requiring Use Permits 6-4. Purpose of R-2 Design Standards 6-5. Design Standards 6-6. Height 6-7. Setbacks (yards) 6-8. Lot Coverage 6-9. Parking 6-10. Objective Design Standards

7-1. Purpose and Applicability 7-2. Permitted Uses

Chapter

Permitted Uses Subject to a Conditional Use Permit 7-4. Development Standards Subject to Development review 7-5. Minimum Yard Requirements 7-6. Maximum Building Height 7-7. Business Signs

8-1. Purpose and Applicability 8-2. Permitted Uses 8-3. Permitted Uses Subject to First Obtaining a Use Permit in Each Case 8-4. Development Standards Subject to Development review

9-1. Purpose and Applicability 9-2. Permitted Uses 9-3. Permitted Uses Subject to First Obtaining a Use Permit in Each Case 9-4. Development Standards Subject to Development review

10-1. Purpose and Applicability 10-2. Principal Permitted Uses 10-3. Permitted Uses Subject to a Conditional Use Permit 10-4. Lot Requirements 10-5. Design Requirements 10-6. Site Design 10-7. Site Organization 10-8. Open Space 10-9. Scale and Character 10-10. Architecture and Design 10-11. Accessory Utility Buildings 10-12. Roofs 10-13. Material and Color 10-14. Service Facilities 10-15. Mechanical Equipment 10-16. Lighting 10-17. Trash Enclosures 10-18. Professional Offices and Buildings 10-19. Fences and Walls 10-20. Setbacks 10-21. Height 10-22. Site Plan Review

11-1. Purpose and Applicability 11-2. Permitted Uses 11-3. Permitted Uses Subject to a Conditional Use Permit 11-4. Development Standards 11-5. Site Plan Review

12-1. Parking Purpose and Applicability 12-2. Parking Definitions 12-3. Parking Space Requirements 12-4. Objective Design Standards for Off-Street Parking Facilities 12-5. Exceptions to Parking Standards

Chapter Section

13-1. Purpose and Applicability 13-2. Establishment Master Plan and Conditional Use Permit 13-3. Use Permit Application Plan of Detailed Development 13-4. Deviation from Regulations 13-5. Delineation of the Zoning Map – Supplemental Regulations 13-6. Use Permits – Additional Information

14-1. Purpose and Applicability 14-2. Principal Permitted Uses 14-3. Permitted Uses Subject to a Conditional Use Permit

15-1. Purpose and Applicability 15-2. Permitted Uses 15-3. Lot Requirements 15-4. Yard Requirements 15-5. Height Limit 15-6. Site Plan Review 15-7. Minimum Design and Performance Standards

16-1. Purpose and Applicability 16-2. Permitted Uses 16-3. Permitted Uses Subject to a Conditional Use Permit 16-4. Exceptions

17-1. Purpose and Applicability 17-2. Permitted Uses 17-3. Permitted Uses Subject to First Obtaining a Use Permit in Each Case

18-1. Purpose and Applicability 18-2. Permitted Uses

19-1. Conditional Use Permits – City Council Authority 19-2. Conditional Use Permits – Application 19-3. Conditional Use Permits – Public Hearing 19-4. Conditional Use Permits – City Council Action 19-5. Conditional Use Permits – Revocation 19-6. Conditional Use Permits – Expiration and Revision

20-1. Variances 20-2. Variance Application and Fee 20-3. Variance Public Hearing 20-4. Variance Findings 20-5. Variance Limitation on Filing Identical Application 20-6. Variance Revocation/Modification

21-1. Amendments 21-2. Amendments Initiation 21-3. Amendment Application 21-4. Amendment Hearing

Chapter

Proposed Changes to Amendments 21-6. City Council Action

22-1. Nonconforming Uses 22-2. Nonconforming Uses 22-3. Nonconforming Property 22-4. Nonconforming Lot Area and Width

24-1. Allowable Appeals 24-2. Filing and Processing of Appeals 24-3. Appeals from Administrative Action

25-1. Sign Definition 25-2. General Sign Guidelines 25-3. Hanging Signs 25-4. Projecting Signs 25-5. Awning and Canopy Signs 25-9. Wall Signs 25-10. Exceptions 25-11. Federal and State Law Provisions 25-12. Noncommercial Signs 25-13. Sign Maintenance and Materials 25-14. Comprehensive Sign Plan 25-15. Prohibited Signs 25-16. Exempt Signs

26-1. Purpose 26-2. Requests for Reasonable Accommodation 26-3. Required Information 26-4. Required Information Jurisdiction 26-5. Grounds for Accommodation 26-6. Appeals

27-1. Purpose 27-2. Bonus Requirements for Residential Projects 27-3. Eligibility for Density Bonus, Incentives or Concessions 27-4. Inclusionary Housing 27-5. Allowed Incentives or Concessions 27-6. Processing of Bonus Requests 27-7. Density Bonus Agreement 27-8. Minimum Requirements of the Agreement

12.12 Surface Mining and Reclamation

12.12.010 Purpose and Intent

12.12.020 Definitions

12.12.030 Scope

12.12.040 Special Use Permit and Reclamation Plan Required

12.12.050 Reclamation Plan Contents

12.12.060 Reclamation Performance

12.12.070 Reclamation Plan Amendments

Chapter Section

12.12.080 Reclamation Plan and Special Use Permit Review

12.12.090 Succession

12.16 Environmental Quality

12.16.010 Purpose and Intent

12.16.020 Definitions

12.16.030 Activities Requiring Environmental Review

12.16.040 Activities Exempt from Environmental Review

12.16.050 Project Application and Contents

12.16.060 Initial Study

12.16.070 Environmental Assessment

12.16.080 Negative Declaration

12.16.090 Dreft Environmental Impact Report

12.16.100 Final Environmental Impact Report

ORDINANCE NO. 304 AN ORDINANCE OF THE CITY OF LOYALTON ESTABLISHING REGULATIONS FOR THE DIVISION AND SUBDIVISION OF LAND. The City Council of the City of Loyalton, State of California, ordain as follows:

regulations for the division and subdivision of land, which minimum regulations may be increased in cases in which the Planning Commission finds higher standards are necessary to accomplish the purposes of this Ordinance, and To provide a guide for owners in the proper division of their land, and for the Planning Commission in its consideration of pro­ posed land divisions.

Planning Commission, is hereby designated as the Advisory Agency with respect to subdivisions as provided in the Subdivision Map Act.

maps, and the procedure relating thereto, which are specified by law and by this Ordinance.

a principal, agenda or otherwise to offer to sell or lease, to contract to sell or lease, or to sell or lease any division or subdivision of land or any part hereof in the City of Loyalton, unless and until all of the requirements hereinafter provided have been complied with.

Act of the Business and Professions Code of the State of California.

(a) Twelve copies of a Tentative Map of the proposed subdivision of any land, together with additional data required, shall be submitted to the Planning Commission at least fifteen days prior to the Planning Commission meeting at which consideration is desired. The subdivider shall have a representative present at this meeting of the Planning Commission. A filing fee shall be required for any subdivision. (b) The Engineer shall direct the subdivider and his agent to deliver copies of each Tentative Map to other departments and agencies concerned, including public utilities. Upon receipt of a copy of a Tentative Map each department or agency concerned shall examine the map to ascertain is it conforms to the requirements of such department or agency. Within ten days from the date of receipt, the Engineer shall make a written report to the Planning Commission including the recommendations of all the departments and agencies concerned.

(a) The tract name or number, date, north point, scale, sufficient description to define the location and boundaries of the proposed tract together with a small scale vicinity map showing the relation of the proposed subdivision to the general area and particularly the entire holding of the owner or subdivider. (b) Name and address of record owner or owners. (c) Name and address of the subdivider.

(d) Name and business address of person who prepared the Tentative Map. (e) Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof, and all drainage features. (f) The locations, names, width and approximate grades of all ways, roads, streets and highways in the proposed subdivision, or to be offered for dedication. (g) The locations, names, and existing widths of all adjoining and contiguous ways, roads, streets and highways. (h) The approximate widths, locations, purpose, and restrictions as to use of all existing and proposed easements. (i) Approximate lot lay-out and approximate dimensions of each lot. Lots shall be numbered, and approximate total acreage of tract shall be shown. (j) The dimensions and locations of any existing buildings which are to remain in place on the property.

contain the following information. (a) Existing use or uses of the property. (b) Proposed use or uses of the property. (c) Statement of the improvements and public utilities proposed to be made or installed, and of the time at which such improvements are to be completed. (d) Provisions for water supply and sewage, together with a letter from the Health Officer setting forth his findings and recommendations regarding proposed provisions for water supply and sewage. (e) Public areas proposed (f) Tree planting proposed (g) Justification and reasons for any exceptions to provisions of this Ordinance which may be filed with the Tentative Map.

(a) The Planning Commission shall accept the Tentative Map for filing in conformance with the provisions of the Subdivision Map Act.

GENERAL REGULATIONS AND DESIGN FOR STREETS AND HIGHWAYS

standards for City roads as adopted the City of Loyalton.

to either dedicate or withhold from subdivision all the area included in such right-of-way.

(a) All streets shall, so far as practicable, be in alignment with existing adjacent streets by continuations of the center lines, thereof, or by adjustments by curves. (b) Street center lines shall be required to intersect one another at an angle as near to the right angle as is practicable. (c) Where necessary to give access to, or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end or cul- de-sac streets may be approved without a turn-around. In all other cases a turn-around having a minimum right-of-way radius of forty feet shall be required. No cul-de-sac street shall exceed six hundred feet in length. (d) No street or highway shall have a grade of less than one­ half of one percent. Ordinance No 304

(e) A plan and profile of the center line of the proposed roads and streets shall accompany the Final Map of the proposed subdivision. The profile shall be made to suitable scale and must show the ground surface line, proposed finished grade, rates of grade, vertical curves, elevation of grade intersections and of each station. (f) Ditch grades shall be shown by broken lines and the location and elevation of all culverts shall be shown with the diameter and length indicated thereon. (g) The minimum radius of horizontal curves shall be 100 feet.

(a) The street and highway construction shall conform in all respects to the minimum construction standards for City roads as adopted by the City of Loyalton, which are State minimum requirements for street construction.

All street names must be approved by the Planning commission and no. duplication of street names shall be permitted.

(a) The subdivider may be required to grant easements no less than six feet in width along rear lot lines, and not less than five feet in width along side lot lines for public utility, sanitary sewer and drainage purposes. Easements for overhead pole lines and anchors shall be provided at the rear of all lots, except where alleys are available.

(a) The sizes and shapes of lots shall be in conformance with requirements of the Health Officer. No lot shall be less than sixty feet in width; and all lots shall have a depth of not less than one hundred feet and shall have an area of not less than a thousand square feet, or such greater area as may be required by the Health Officer. The minimum width of corner lots shall not be less than seventy feet. In no case shall the depth of a lot exceed three times its width. (b) The side lines of all lots, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to the center points of cul-de-sac turning circles. (c) Divided lots. No lot shall be divided by a city or county boundary line.

(a) The subdivider may be required to dedicate and improve walkways, or to provide access to schools, parks and other public areas.

(a) Two copies of proposed Covenants of Restrictions shall be filed with the Tentative Map, and two copies of any revisions thereof shall be filed with the Final Map.

(a) Within one year after approval or conditional approval of the Tentative Map, the subdivider shall file a final Map with the County Recorder in accordance with Articles 5, 6, 7, 8, 9 and 10 of the Subdivision Map Act together with a checking fee of one dollar per lot shown on the Final Map.

The Final Map shall conform to the provisions of the Subdivision Map Act.

Certificates and acknowledgements required by the Subdivision Map Act shall appear on the Final Map.

Ordinance No 304

Final approval by the governing body shall be made in conformance with the provisions of the Subdivision Map Act.

(a) Appeal may be made from any decision, determination or requirements by filing a notice thereof in writing with the City Clerk within five calendar days after such decision. The notice shall set forth in detail the action and the grounds upon which the Subdivider deems himself aggrieved.

(a) The City Clerk shall report the filing of such notice of appeal to the agency or agencies involved. A written report shall be submitted to the City Council by the agency or person whose decision, determination or requirement is being appealed.

(a) The City Council at its next regular meeting or a special meeting following the filing of such an appeal, or within 30 days following the filing thereof, shall set the appeal for hearing to be held within 30 days thereafter and any such hearing may for good cause be continued by order of the City Council. Following the hearing, the City Council may overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this Ordinance.

VALIDITY (a) If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Loyalton, California, hereby declares that it would have passed this Ordinance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that by one or more other sections, sub-sections, clauses or phrases be declared invalid or unconstitutional.

PENALITIES (a) Any person, firm corporation, partnership, or co-partnership who willfully violates any of the provisions or fails to comply with any of the mandatory requirements of this Ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars or by imprisonment in the County Jail for not to exceed six months or by both fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal equitable or summary remedy to which the County of Sierra or other political subdivision, or any person, firm, corporation, partnership, or co-partnership, may otherwise be entitled, and the County of Sierra or any other political subdivision or person, firm corporation, partnership or co-partnership may file a suit to the Superior Court of the State of California to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Ordinance. Section9. REPEALING (a) All ordinances and parts of the City of Loyalton in conflict herewith, not specifically mentioned hereinafter, to the extent of such conflict and no further, are hereby repealed.

ENACTMENT (a) This ordinance shall take effect immediately as an urgency ordinance on the date of its passage and shall be posted in three (3) places in the City of Loyalton. (b) The above and foregoing ordinance was duly and regularly adopted at a special meeting of the City Council of the City of Loyalton held on the 15th day of March, 1973, for the health and safety of its citizens, by the following vote:

Ordinance No 304

AYES: Gottardi, McDonald, White and Robinson NOES: None ABSENT: May (Seal)

/s/ Milton T. Gottardi

Mayor

ATTEST: /s/ Patricia J. May

City Clerk

Ordinance No 304

ORDINANCE NO. 306 AN ORDINANCE PROVIDING FOR THE ZONING OF THE INCORPORATED AREA OF THE CITY OF LOYALTON BY REGULATING THE LOCATION, SIZE, HEIGHT, AND USE OF BUILDINGS AND STRUCKTURES, THE AREA AND DIMENSIONS OF LOTS AND YARDS, AND THE USE OF LANDS AND FOR SUCH PURPOSES DIVIDING THE INCORPORATED AREA OF THE CITY INTO ZONES OR DISTRICTS OF SUCH NUMBER, SIZES AND SHAPES AS ARE DEEMED BEST SUITED TO CARRY OUT SAID PURPOSES, PROVIDING A METHOD OF ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE.

There is hereby adopted a zoning plan for the City of Loyalton, a precise zoning plan as provided by law.

The several classes of general districts hereby established and into which the City is or may be divided are designated as follows:

R-1: Single-Family Residence District R-2: Two-Family Residence District R-3: Multiple-Family Residence District CC: Community Commercial District M-1: Industrial District