Chapter 17.92 — NONCONFORMING USES AND STRUCTURES

17.92.010 - Nonconforming uses and structures.

A.

Use of Nonconforming Sites. A site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, but which is shown on a duly approved and recorded subdivision map or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance codified in this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district, but shall be subject to all other regulations for such district.

B.

Nonconforming Uses and Structures.

1.

Purposes. A nonconforming use is one which was lawfully established and maintained prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of

nonconforming uses by regulating their enlargement, reestablishment after abandonment, and restoration after destruction.

2.

A nonconforming structure is one which was lawfully erected prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the conditions of coverage, yard spaces, height of structures, distance between structures, or other standards prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by regulating their being moved, altered, or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed and by regulating their restoration after destruction.

3.

Alterations and Additions to Nonconforming Uses and Structures. Except as provided in this title or as required by law, no structure, the use of which is nonconforming, shall be moved, altered or enlarged unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as

to permit the enlargement of the space occupied by the nonconforming use. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards prescribed for the district in which the structure is located.

4.

Change of Use. Except as otherwise prescribed in this section, the nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved pursuant to Section 17.08.050.

5.

Abandonment of Nonconforming Use. Whenever a nonconforming use has been abandoned or discontinued, the following schedules shall apply for reestablishment of the nonconforming use:

a.

For a continuous period of less than six months, the nonconforming may be reestablished pursuant to Section 17.08.090(L);

b.

For a continuous period greater than six months but less than one year, the nonconforming use may be reestablished pursuant to Section 17.08.050 as a minor conditional use permit;

c.

For a continuous period of at least one year but not greater than two years, the nonconforming use may be reestablished pursuant to Section 17.08.050 as a major conditional use permit;

d.

If the nonconforming use had been abandoned or discontinued for a continuous period of greater than two years, or has been changed to a conforming use for any period of time, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

6.

Restoration of Damaged Structure. Whenever a nonconforming use or structure is destroyed by fire or other calamity, by an act of God, or by the public enemy to the extent of less than sixty (60) percent of the value of the structure, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within the applicable time limit detailed within subsection (5) herein and diligently pursued to completion. Whenever a nonconforming use or structure is so destroyed or damaged to the extent of sixty (60) percent or more, or is razed, either voluntarily or as required by law, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. The extent of damage to any structure or use shall be as determined by the building official.

7.

Elimination of Nonconforming Uses and Structures.

a.

When a nonconforming use is removed, at or before the end of the time period specified in subsection (5) herein, every future use shall be in conformity with the provisions of this title.

b.

Continuing Nonconforming Uses or Structures. Nothing in this title shall be construed to exempt a use or structure which became nonconforming under the provisions of a previous ordinance and which continues to be nonconforming under the provisions of this title. Such continuing nonconforming uses or structures shall be discontinued or eliminated within the schedule and under the provisions of this ordinance.

C.

All bars existing within a commercial district on or before August 14, 1984, will be allowed to continue business despite being within five hundred (500) feet of a church, school or other bar. However, if after August 14, 1984, such bar ceases to operate as a bar then it will have to qualify as a new establishment in order to operate again as a bar.

D.

Existing Conditional Uses. Any existing structure or use which is a conditional use in the district in which it is located shall be considered as a permitted use for the purposes of this title; provided, however, that any expansion, alteration or change of such use or structure shall be subject to Section 17.08.050 of this code.

(Prior code § 13.21.009)

(Ord. No. 14-02, § 13, 2-11-2014)

Chapter 17.96 - MOVING OF BUILDINGS

17.96.010 - Permit—Required.

It is unlawful for any person to move any building in the city from one lot or piece of property to another, or from one place to another upon the same lot, or from without the city into the city without first securing a permit to do so from the city council.

(Ord. 07-05 § 1 (part), 2007)

17.96.020 - Permit—Information required in application.

All applications for a relocation permit to move any building shall be made in writing to the planning commission of the city on a form furnished by the commission and shall contain the following information:

A.

Description of type of building to be moved;

B.

Present location of building;

C.

Proposed location of building;

D.

Present and future use of the building;

E.

Route over which such building is to be moved and method to be used in moving the building;

F.

That information required by Section 301(d) of the Uniform Building Code as adopted by the city;

G.

Photographs of the building or structure to be moved and photographs of the buildings on the properties contiguous with the premises onto which the building or structure is to be moved;

H.

A report from a licensed structural pest-control contractor stating the condition of the building or structure as to decay and pest infestation;

I.

Such other information as may reasonably be required in order to carry out the purposes of this section.

(Ord. 07-05 § 1 (part), 2007)

17.96.030 - Permit—Fees—Inspection requirements.

A.

Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the building department to cover the cost of investigation and inspection. The application fee shall be twenty-five dollars ($25.00) for any building located within the city. For any building located outside the city the application fee shall be twenty-five dollars ($25.00) plus one dollar ($1.00) for each mile, or fraction thereof, which the building to be moved is located beyond the city limits of the city. This application fee shall be in addition to all other fees required by the city code.

B.

Upon acceptance of any application for a relocation permit, the planning commission will cause to be inspected the building or structure proposed to be moved, the district into which the building is to be moved, and the premises onto which the building is to be moved.

(Ord. 07-05 § 1 (part), 2007)

17.96.040 - Permit—Issuance conditions.

A.

No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous or which is unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district into which the building is to be relocated; or if the proposed use is prohibited by any provision of the city code or by any other law or ordinance; provided, however, that if the conditions of the building or structure in the judgment of the building inspector admits of practicable and effective repair, the permit may be issued on such terms and conditions as the building inspector may deem reasonable and proper, including but not limited to the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district into which it is to be moved.

B.

The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto. Such terms and conditions and the relocation bond shall provide for the removal of all concrete, lumber and other debris and the filling of basements, cellars or other excavations remaining from the removal of the building or structure from the premises from which it is moved which such premises are within the city.

(Ord. 07-05 § 1 (part), 2007)

The planning commission shall cause to be posted, seven days prior to the date on which application for a permit is to be heard, a notice, in a conspicuous place upon the property to which the building is to be moved, which notice shall contain the following:

A.

The date on which the planning commission shall hold a hearing on the application for a permit to move a building;

B.

Description of type of building to be moved;

C.

Present location of building;

D.

Proposed location of building.

(Ord. 07-05 § 1 (part), 2007)

At the time fixed in such notice to be posted as set forth in Section 17.96.050, any person may appear before the planning commission of the city and make objections to the granting of such permit. After hearing the application and all objections, if any, to such application for a permit, the planning commission shall forward to the city council the original application, and the planning commission's findings recommending the approval or disapproval of the application. The hearing on such application may be continued from time to time at the planning commission's discretion. On receipt of such recommendation, the city council may in its discretion either grant or deny the application for a permit, and may attach any conditions to such permit deemed necessary by the council.

(Ord. 07-05 § 1 (part), 2007)

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied.

(Ord. 07-05 § 1 (part), 2007)

No relocation permit required by this section shall be issued by the city council unless the applicant therefor shall first post with the city a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the state, as surety. The bond shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus ten (10) percent of the work required to be done in order to comply with all the conditions of such relocation permit and any other ordinance, rules or regulations of the city, as such cost is estimated by the building department of the city. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called "cash bond" for the purpose of this section. No bond, except as may be required by Section 17.96.110 need be posted in any case where the city council shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover.

(Ord. 07-05 § 1 (part), 2007)

When a building or structure is moved from any property located in the city to any other location, the site from which the building is moved shall be cleaned of all concrete, lumber and other debris remaining from the removal of the building and all basements, cellars and other excavations shall be filled. Such works shall be performed by the person moving such building or structure.

(Ord. 07-05 § 1 (part), 2007)

In granting any permit, the council may in its discretion require applicant to give a separate and additional bond to the city in an amount to be fixed by the council to insure payment for any damage which applicant may cause to any public property, streets, sidewalks, trees or shrubs in the moving of any building.

(Ord. 07-05 § 1 (part), 2007)

If any section, subsection, sentence, clause or phrase or word of this chapter is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Mendota City council hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.

(Ord. 07-05 § 1 (part), 2007)

Chapter 17.98 - RIVER RANCH OVERLAY DISTRICTS

The River Ranch overlay districts provide an avenue by which the city and developers can utilize flexible development standards to design and implement projects such that the benefits of the projects to the

public, the city, and the project proponent are greater than what would normally be possible under the standard regulations.

(Ord. No. 13-07, § 2, 1-28-2014)

The River Ranch overlay districts shall be utilized only within the plan area delineated by the River Ranch Specific Plan. Within an overlay district, the development permitted uses, conditionally-permitted, development standards, and other regulations of the underlying zone district shall apply, except as modified herein.

A.

The underlying zone district applied to property shall be consistent with the land use plan contained within the specific plan.

B.

The specific area of application of a particular overlay district shall be coterminous with the overlay districts described in the specific plan.

C.

Within the plan area, any land within the city limits shall be rezoned to include the corresponding overlay district prior to, or concurrently with, any application for a development permit.

D.

Within the plan area, any land outside of the city limits that is proposed for development and subsequent annexation shall be prezoned to include the corresponding overlay district prior to, or concurrently with, said proposal for development and/or annexation.

(Ord. No. 13-07, § 2, 1-28-2014)

Procedure for application of the River Ranch overlay districts shall be in accordance with Section 17.08.050 of this title. Unless expressly modified within this chapter, the administrative provisions governing development of property within the overlay districts shall be governed by the provisions of the underlying zone district.

(Ord. No. 13-07, § 2, 1-28-2014)

The Town Center is intended as a gateway into and an activity center within the specific plan area.

A.

Applicable Zone Districts—C-3, P-F.

B.

Development Standards.

1.

Floor-Area Ratio (FAR). FAR shall be a maximum of 0.4.

2.

Mixed-Use. Mixed use development (commercial-residential; office-residential) is permitted within the C-3 zone district subject to the provisions of Section 17.08.090 of this title. Any commercial or office uses contained within a mixed use development shall have frontage on, and be oriented towards, a public street.

3.

Off-street parking shall be provided at a ratio of three and one-half spaces per one thousand (1,000) square feet of building space. For sites or developments with multiple uses and/or buildings wherein shared parking would be provided, the applicant or applicants shall prepare a shared parking plan for review and approval by the city engineer.

4.

Location of off-street parking areas.

a.

On Derrick Avenue, off-street parking may be located in front of buildings.

b.

On streets other than Derrick Avenue, off-street parking areas shall be located behind or to the side of buildings.

c.

On-street parking is permissible in areas utilizing a specific plan street standard that accommodates onstreet parking.

(Ord. No. 13-07, § 2, 1-28-2014)

The Industrial Park is intended to provide a consolidated location for job creation through manufacturing, warehousing, related industrial uses, and limited commercial activity. It also serves as a buffer area between the specific plan area and existing and proposed correctional facilities to the south and southwest.

A.

Applicable Zone Districts—M-1, C-3.

B.

Development Standards.

1.

Floor-Area Ratio (FAR). FAR shall be a maximum of 0.5.

2.

Off-Street Parking. Off-street parking requirements will be based upon the estimated number of employees and customers per the designed use. Final parking requirement shall be subject to approval by the city engineer.

3.

On-Street Parking. On-street parking is permissible in areas utilizing a specific plan street standard that accommodates on-street parking.

(Ord. No. 13-07, § 2, 1-28-2014)

The Boulevard District is intended as a medium-high density residential area, and includes the primary east-west corridor within the plan area. A commercial center is oriented at the east end of this corridor, and limited mixed-use development is allowed within the residential areas.

A.

Applicable Zone Districts—R-2, C-2, R-3 (for mixed-use).

B.

Development Standards.

1.

Floor-Area Ratio (FAR). Within areas zoned C-2, FAR shall be a maximum of 0.3.

2.

Mixed-Use. Mixed-use development (commercial-residential; office-residential) is conditionally-permitted within the R-3 zone district subject to the provisions of Section 17.08.050 of this title. Any commercial or office uses contained within a mixed-use development shall have frontage on, and be oriented towards, a public street.

3.

Off-Street Parking.

a.

For residential uses, the provisions of the applicable district (i.e. R-2, R-3, or R-3-A) shall apply.

b.

For mixed-use development, the applicant or applicants shall prepare a shared parking plan for review and approval by the city engineer.

c.

For commercial uses within the C-2 area, parking shall be provided at a ratio of three and one-half spaces per one thousand (1,000) square feet of building space. For sites or developments with multiple uses and/or buildings wherein shared parking would be provided, the applicant or applicants shall prepare a shared parking plan for review and approval by the city engineer.

3.

Location of Off-Street Parking Areas.

a.

Off-street parking areas, aside from those serving single dwellings, shall be located behind or to the side of buildings.

b.

On-street parking is permissible in areas utilizing a specific plan street standard that accommodates onstreet parking.

4.

Residential Density Accommodations. Mixed-use developments or developments that qualify for and receive certification through the Leadership in Energy and Environmental Design (LEED) program are eligible for a ten (10) percent variation above or below the allowable number of units per acre designated by the general plan.

5.

Building Height. Mixed-use structures may contain up to four stories, and shall not exceed fifty (50) feet in height.

(Ord. No. 13-07, § 2, 1-28-2014)

Residential North largely represents the typical single-family detached housing neighborhood, while allowing for single-family attached housing as well.

A.

Applicable Zone Districts—R-1, R-2, P-F, O.

B.

Development Standards.

1.

Off-Street Parking. The provisions of the applicable district (e.g. R-1, R-2) shall apply.

2.

Location of Off-Street Parking Areas.

a.

Off-street parking areas, aside from those serving single dwellings, shall be located behind or to the side of buildings.

b.

On-street parking is permissible in areas utilizing a specific plan street standard that accommodates onstreet parking.

3.

Residential Density Accommodations. Developments that qualify for and receive certification through the Leadership in Energy and Environmental Design (LEED) program are eligible for a ten (10) percent variation above or below the allowable number of units per acre designated by the general plan.

(Ord. No. 13-07, § 2, 1-28-2014)

The Regional Commercial district provides a location for regional-serving retail- and entertainment-oriented center, along with high-density residential development.

A.

Applicable Zone Districts—C-3, R-3, R-3-A, O.

B.

Development Standards.

1.

Floor-Area Ratio (FAR). FAR shall be a maximum of 0.4.

2.

Commercial Uses. Within the C-3 zone district, the following shall apply:

a.

Permitted Uses.

i.

Animal care, sales, and service, including veterinary;

ii.

Bakeries;

iii.

Banks;

iv.

Delicatessens;

v.

Department stores;

vi.

Hotels and motels;

vii.

Jewelry stores; viii.

Music, dance, and art studios, including retail sales of associated merchandise;

ix.

Pharmacies (no drive-thru service);

x.

Professional offices;

xi.

Restaurants;

xii.

Signs;

xiii.

Sporting goods stores;

xiv.

Supermarkets.

b.

Uses Permitted Subject to a Conditional Use Permit.

i.

Bars;

ii.

Check cashing businesses;

iii

Dance halls;

iv.

Drive-thru restaurants;

v.

Parking structures;

vi.

Pharmacies (with drive-thru service);

vii.

Restaurant/bars;

viii.

Theaters/cinemas.

c.

Addition of Permitted Uses. The provisions of Section 17.08.030 of this title shall apply, excepting that the authority for determining compatibility and making the necessary findings shall be vested in the city manager, or, by extension, his designee. Further, the provisions of Section 17.08.030(B)(3) shall not apply.

3.

Mixed-Use. Mixed use development (commercial-residential; office-residential) is permitted within the C-3 zone district subject to the provisions of Section 17.08.090 of this title. Mixed-use development (commercial-residential; office residential) is conditionally-permitted within the R-3 and R-3-A zone districts subject to the provisions of Section 17.08.050 of this title. Any commercial or office uses contained within a

mixed-use development in a residential zone district shall have frontage on, and be oriented towards, a public street.

4.

Off-Street Parking.

a.

For residential uses, the provisions of the applicable district (i.e. R-3 or R-3-A) shall apply.

b.

For mixed-use development, the applicant or applicants shall prepare a shared parking plan for review and approval by the city engineer.

c.

For commercial uses within the C-3 area, parking shall be provided at a ratio of between two and one-half and five spaces per one thousand (1,000) square feet of building space. For sites or developments with multiple uses and/or buildings wherein shared parking would be provided, the applicant or applicants shall prepare a shared parking plan for review and approval by the city engineer.

5.

Location of Off-Street Parking Areas.

a.

Off-street parking areas, aside from those serving single dwellings, shall be located behind or to the side of buildings.

b.

Parking serving commercial uses within the C-3 zone district may be oriented towards San Benito Road/Oller Street/State Route 180.

c.

On-street parking is permissible in areas utilizing a specific plan street standard that accommodates onstreet parking.

6.

Residential Density Accommodations. Mixed-use developments or developments that qualify for and receive certification through the Leadership in Energy and Environmental Design (LEED) program are eligible for a ten (10) percent variation above or below the allowable number of units per acre designated by the general plan.

(Ord. No. 13-07, § 2, 1-28-2014)

This area, located physically near the center of the plan area, provides a mix of residential units along with a large regional park.

A.

Applicable Zone Districts—R-1, R-2, O.

B.

Development Standards.

1.

Off-Street Parking. The provisions of the applicable district (i.e. R-1 or R-2) shall apply.

2.

Location of Off-Street Parking Areas.

a.

Off-street parking areas, aside from those serving single dwellings, shall be located behind or to the side of buildings.

b.

On-street parking is permissible in areas utilizing a specific plan street standard that accommodates onstreet parking.

3.

Residential Density Accommodations. Developments that qualify for and receive certification through the Leadership in Energy and Environmental Design (LEED) program are eligible for a ten (10) percent variation above or below the allowable number of units per acre designated by the general plan.

(Ord. No. 13-07, § 2, 1-28-2014)

The Residential South district provides for lower-density residential development that serves as a transition to the agricultural areas to the south of the plan area.

A.

Applicable Zone Districts—R-1, P-F, O.

B.

Development Standards.

1.

Off-Street Parking. The provisions of the R-1 district shall apply.

2.

Location of Off-Street Parking Areas.

a.

Off-street parking areas, aside from those serving single dwellings, shall be located behind or to the side of buildings.

b.

On-street parking is permissible in areas utilizing a specific plan street standard that accommodates onstreet parking.

3.

Residential Density Accommodations. Developments that qualify for and receive certification through the Leadership in Energy and Environmental Design (LEED) program are eligible for a ten (10) percent variation above or below the allowable number of units per acre designated by the general plan.

(Ord. No. 13-07, § 2, 1-28-2014)

Chapter 17.99 - COMMERCIAL CANNABIS OVERLAY DISTRICT

A.

There is created a commercial cannabis overlay district, the boundaries of which are shown on the map entitled, "Commercial Cannabis Overlay District," which is on file at city hall. Said map is adopted and made a part of this ordinance.

B.

This chapter is enacted to preserve and promote the public health, safety, and welfare of the citizens of Mendota, to facilitate the establishment of permitted commercial cannabis businesses within the city while ensuring that such businesses do not interfere with other lawful land uses, and to provide new sources of revenue to fund city services.

(Ord. No. 17-13, § 3, 9-12-2017)

"Applicant" shall mean the individual or entity applying for a conditional use permit pursuant to the provisions of this section.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

"Cannabis dispensary" means any facility or location, whether fixed or mobile, where cannabis is offered, provided, sold, made available or otherwise distributed for commercial purposes to more than two persons.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in Division 10 of the California Business and Professions Code.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to Division 10 of the California Business and Professions Code.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Non-storefront retail" means retail sales of cannabis or cannabis products to customers exclusively via means of delivery by a person authorized to do so by the department of cannabis control.

"Retail" means the retail sale and delivery of cannabis or cannabis products to customers by a person authorized to do so by the department of cannabis control.

"Testing laboratory" or "testing service" means a laboratory, facility, or entity in that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and (2) licensed by the department of cannabis control.

(Ord. No. 17-13, § 3, 9-12-2017; Ord. No. 20-16, § 2, 9-22-2020; Ord. No. 21-16, § 2, 10-26-2021)

17.99.030 - Conflict between regulations.

Where a conflict occurs between the Commercial Cannabis Overlay District and any other section of the zoning code, or any provision of the Mendota Municipal Code, the Commercial Cannabis Overlay District regulations shall prevail.

(Ord. No. 17-13, § 3, 9-12-2017)

The use classifications allowed in the Commercial Cannabis Overlay District shall be those use classifications allowed in the underlying base zoning district.

(Ord. No. 17-13, § 3, 9-12-2017)

The development standards for all development within the Commercial Cannabis Overlay District shall be those standards of the underlying base zoning district.

(Ord. No. 17-13, § 3, 9-12-2017)

A.

The following uses shall be permitted in the commercial cannabis overlay district if a conditional use permit is obtained:

1.

Cannabis cultivation.

2.

Cannabis manufacturing.

3.

Cannabis testing services.

4.

Cannabis distribution.

5.

Non-storefront retail.

B.

In addition to the findings required by section 17.08.050, the following findings shall also be made before any conditional use permit for commercial cannabis activity is granted:

1.

That a development agreement has been entered into by and between the city and the applicant, which is consistent with the provisions of this chapter, promotes the purposes and intent of the commercial cannabis overlay district, and ensures that the property will be used for commercial cannabis activity only.

2.

That a cannabis odors plan has been developed to mitigate site odors to the maximum extent feasible using best management practices.

3.

That all commercial cannabis activities except cultivation will occur within a fully- or partially-enclosed building, or within a temporary structure, and will not be visible from the property boundary or public rightof-way.

4.

That all pesticide use will comply with the state department of pesticide regulations.

5.

That a site security plan has been prepared demonstrating sufficient site security measures to prevent all unauthorized access to the site.

6.

That a power use plan has been prepared demonstrating sufficient power supply for the proposed use.

7.

That the applicant has obtained all necessary state permits and authorizations to engage in the proposed use.

8.

That the applicant has provided the city all information required by state authorities pursuant to Division 10 of the California Business and Professions Code.

9.

That the applicant will provide the city all information required by the state for any renewal of a state license related to commercial cannabis activity as well as the state licensing authority's decision on any such renewal.

10.

That the applicant has consented to the city's inspection, without notice, of any and all records required to be maintained under any local, state, or federal law.

11.

That the applicant will immediately provide notice to the city of any suspension or revocation of any state license issued pursuant to Business and Professions Code Section 26050 et seq.

(Ord. No. 17-13, § 3, 9-12-2017; Ord. No. 20-16, § 2, 9-22-2020; Ord. No. 21-16, § 2, 10-26-2021)

The development agreement required pursuant to Section 17.99.060(B)(1) shall include the following terms:

A.

The applicant agrees to pay an annual fee based on the total square footage of the developed portions of the property in an amount as follows:

1.

Five dollars ($5.00) per square foot for so long as the developed portions of the property are less than two hundred thousand (200,000) square feet.

2.

Four dollars ($4.00) per square foot for so long as the developed portions of the property are between two hundred thousand (200,000) square feet and four hundred ninety-nine thousand, nine hundred ninety-nine (499,999) square feet.

3.

Mutually agreeable terms between the city and applicant so long as the developed portions of the property are five hundred thousand (500,000) square feet or greater.

B.

The fee required pursuant to subdivision (A) shall be paid by the applicant in quarterly installments at times and locations specified by the city, and may not be paid in cash.

C.

The applicant shall be responsible for paying the fee required pursuant to subdivision (A) for all developed portions of the property regardless of whether portions of the developed property are leased or otherwise conveyed to third parties. Any transfer of the applicant's interest in the developed property shall not affect the applicant's obligation to pay the fee required pursuant to subdivision (A) unless the recipient assumes the applicant's obligation to pay the fee for all developed portions of the property as required by this Section 17.99.070.

(Ord. No. 17-13, § 3, 9-12-2017; Ord. No. 20-16, § 2, 9-22-2020)

Editor's note— Ord. No. 21-08, § 2, adopted May 25, 2021, repealed § 17.99.080, which pertained to prohibited uses and derived from Ord. No. 17-13, § 3, adopted Sept. 12, 2017; Ord. No. 20-16, § 2, adopted Sept. 22, 2020.

If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.

(Ord. No. 17-13, § 3, 9-12-2017)

Chapter 17.100 - WIRELESS TELECOMMUNICATIONS FACILITIES ("WCF")

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities. These regulations are intended to protect and promote the public health, safety and welfare of the residents of the city of Mendota, to preserve community character, protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996, and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas.

(Ord. No. 17-06, § 1, 4-25-2017)

The following abbreviations, phrases, terms, and words shall have the meanings assigned in this section or, as appropriate, in this chapter of the Mendota Municipal Code, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Mendota Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning.

"Antenna" means a device used in communications designed to radiate and/or capture electromagnetic signals and its associated equipment. The term includes a macrocell antenna and a microcell antenna.

"Base station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. The term "base station" includes, without limitation:

1.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks).

Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (1) and (2) above that has been reviewed and approved by the city.

"Collocation" means the installation of antennas operated by different entities in close proximity so that use of substantial elements of the facility such as the antenna tower, equipment shelter, or fenced enclosures are shared. Collocation also includes replacement of an existing tower with one capable of supporting additional antennas.

"Facility." See "wireless telecommunications facility."

"Radio frequency ("RF")" means electromagnetic radiation in the portion of the spectrum from three kilohertz (kHz) to three hundred (300) gigahertz (gHz).

"Stealth design" means design techniques that blend the facility or additions with the natural or manmade environment in such a manner as to be effectively unnoticeable.

"Stealth structure" means a self-supporting antenna tower designed to closely resemble a commonplace object that effectively blends with its surroundings.

"Tower." See "antenna tower."

"Wireless communications" means the transmission and/or reception of information through space using electromagnetic energy.

"Wireless telecommunications facility ("WCF")" means structures and/or equipment, including antennas, antenna towers, equipment cabinets, buildings, generators, fencing, access roads and the land upon which they are situated, associated with wireless communications.

"Wireless communications service" means all FCC-licensed back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services.

(Ord. No. 17-06, § 1, 4-25-2017)

17.100.030 - Application requirements.

In addition to meeting standard application submittal requirements for conditional use permits pursuant to Section 17.08.050 of this title, all applicants for wireless telecommunications facilities shall provide the information listed below. The city may waive any of the submittal requirements listed below or require additional information based upon specific project factors:

A.

Geographic Service Area. Identify the geographic service area for the subject installation, including a map showing all the applicant's existing sites in the local service network associated with the gap the facility is meant to close. Describe how this service area fits into and is necessary for the company's service network.

B.

Visual Impact Analysis. A visual impact analysis shall be provided showing the maximum silhouette, viewshed analysis, color and finish palette, and proposed screening. The analysis shall include photo simulations and other information as necessary to determine visual impact of the facility. A map depicting where the photos were taken shall be included.

C.

Narrative.

1.

Height. Show the height of the facility. Carriers must provide evidence that establishes that the proposed facilities have been designed to the minimum height required from a technological standpoint for the proposed site. If the tower will exceed the maximum permitted height limit, as measured from grade, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be required.

2.

Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping.

3.

Noise/Acoustical Information. As part of the application for environment initial study, provide manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

4.

Concept Landscape Plan. Provide a plan showing all proposed landscaping, screening, and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

5.

Fire Service. Provide evidence of compliance with applicable fire safety regulations or a service letter from the applicable fire district.

6.

Hazardous Materials. Listing of all hazardous materials to be used onsite.

For all applications for facilities located in the public right-of-way, include on the plot plan the location of parking for maintenance personnel.

8.

A letter stating the applicant's willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible, and aesthetically desirable.

9.

The lease area of the proposed wireless telecommunications facility on the plot plan.

10.

For all applications for wireless telecommunications facilities operating below twelve hundred (1,200) megahertz, submit a copy of the Federal Communications Commission Licensing Application Form 601, Main Form, Pages 1 through 4, Schedule A, Page 1, Schedule D, Page 1 and Schedule H, Pages 1 through 3. The application shall be reviewed by the sheriff's wireless services unit to determine potential interference with the regional communication system. Interference with that system may be grounds for denial.

(Ord. No. 17-06, § 1, 4-25-2017)

A.

Tiered Permitting System. Applications for installation or modification of wireless telecommunication facilities will be designated into one of three tiers.

1.

Tier 1 Permits. Tier 1 permit application procedure will apply to:

a.

Any modification of an existing tower or base station that does not substantially change the physical dimensions of that tower or base station and involves: (i) the collocation of new transmission equipment, (ii) the removal of transmission equipment, or (iii) the replacement of transmission equipment.

b.

Any collocation that does not substantially change the physical dimensions of an existing tower or base station.

2.

Tier 2 Permits. Tier 2 permit application procedure will apply to any modification that substantially changes the physical dimensions of an existing tower or base station. Substantial changes as determined within this section shall include:

a.

For facilities not located in the public rights-of-way:

i.

The height of the tower is increased by (I) more than ten (10) percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or

ii.

There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than twenty (20) feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater.

b.

For facilities located in the public rights-of-way and for all base stations:

i.

The height of the tower or base station is increased by more than ten (10) percent or ten (10) feet, whichever is greater; or

ii.

There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet; or

iii.

It involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; or

iv.

It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure.

c.

For any existing tower or base station at the time an application is filed:

i.

It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or

ii.

There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or

iii.

The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or

iv.

The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section.

d.

To measure changes in height for the purposes of this section, the baseline is:

i.

For deployments that are or will be separated horizontally, measured from the original support structure;

3.

Tier 3 Permits. Any installation of a new wireless telecommunications facility that is not a (3) A tier 3 WCF permit shall be required for the siting of any new WCF that is not a collocation subject to a tier 1 or 2 WCF permit.

B.

Permit Review Time Periods. The timeframe for review of an application shall begin to run when the application is submitted, but shall be tolled if the city finds the application incomplete and requests that the applicant submit additional information to complete the application. Such requests shall be made within thirty (30) days of submission of the application. After submission of additional information, the city will notify the applicant within ten (10) days of this submission if the additional information failed to complete the application.

1.

Tier 1 Processing Time. For tier 1 permits, the city will act on the WCF application together with any other city permits required for a proposed WCF modification, within sixty (60) days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

2.

Tier 2 Processing Time. For tier 2 permits, the city will act on the application within ninety (90) days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

3.

Tier 3 Processing Time. For tier 3 permits, the city will act on the application within one hundred fifty (150) days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

C.

Development Standards. Except as otherwise provided in this section, a proposed WCF project shall comply with the following standards:

1.

Shall utilize the smallest footprint possible;

2.

Shall be designed to minimize the overall height, mass, and size of the cabinet and enclosure structure;

3.

Shall be screened from public view;

4.

Shall be architecturally compatible with the existing site;

5.

Shall be placed at a location that would not require the removal of any required landscaping or would reduce the quantity of landscaping to a level of noncompliance with the zoning code;

6.

An antenna, base station, or tower shall be designed to minimize its visibility from off-site locations and shall be of a "camouflaged" or "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base station, or tower into the surrounding area;

7.

A building-mounted antenna, base station, or tower shall be architecturally compatible with the existing building on which the antenna, base station, or tower is attached;

8.

For any tier 2 or tier 3 WCF proposed to be attached on an historic building or, as designated by Section 15.04.130, historic review shall also be required;

9.

Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend fifteen (15) feet beyond the permitted height of the building in the zone district;

10.

Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone tier 3 WCF project shall not exceed sixty-five (65) feet in height; and

11.

A tower or other stand-alone tier 3 WCF may encroach into the interior/street side and rear setback.

D.

Conditions for Approval. In addition to any other conditions of approval permitted under federal and state law and this code that the zoning administrator deems appropriate or required under this code, all WCF projects approved under this chapter, whether approved by the zoning administrator or deemed granted by operation of law, shall be subject to the following conditions of approval:

1.

Permit Conditions. The grant or approval of a WCF tier 1 permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act.

2.

As-Built Plans. The applicant shall submit to the zoning administrator an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction.

3.

Applicant shall hire a radio engineer licensed by the state of California to measure the actual radio frequency emission of the WCF and determine if it meets FCC's standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer's findings with respect to compliance with the FCC's radio frequency emission standards shall be submitted to the planning division within one year of commencement of operation.

4.

Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the city, its city council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the project, including (without limitation) reimbursing the city for its actual attorneys' fees and costs incurred in defense of the litigation. The city may, in its sole discretion and at applicant's expense, elect to defend any such action with attorneys of its own choice.

5.

Compliance with Applicable Laws. The applicant shall comply with all applicable provisions of the code, any permit issued under this code, and all other applicable federal, state and local laws (including without limitation all building code, electrical code and other public safety requirements). Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.

6.

Compliance with Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

E.

Denial of Application. If the city denies a wireless telecommunications facility application, the city will notify the applicant of the denial in writing of the reasons for the denial.

F.

Removal of Abandoned Equipment. A WCF (tier 1, tier 2, or tier 3) or a component of that WCF that ceases to be in use for more than ninety (90) days shall be removed by the applicant, wireless communications service provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new conditional use permit shall not be issued to an owner or operator of a WCF or a wireless communications service provider until the abandoned WCF or its component is removed.

G.

Permit Revocation. The zoning administrator may revoke any WCF permit if the permit holder fails to comply with any condition of the permit. The zoning administrator's decision to revoke a permit shall be appealable to the planning commission and the decision of the planning commission may be appealed to the city council, as provided in Section 17.08.050.

(Ord. No. 17-06, § 1, 4-25-2017)