Article 4 — Wireless Telecommunication Facilities

10-3.401 - Purpose and Intent.

(a)

The purpose of this chapter is to provide for wireless telecommunication ("telecom") facilities on public and private property consistent with federal and State law while ensuring public safety, reducing the visual effects of telecom equipment on public streetscapes and neighborhoods, protecting scenic views, and otherwise mitigating the impacts of such facilities while ensuring adequate service to the community.

(b)

It is the objective of the City that all telecom facilities be as unobtrusive as possible and that the number of freestanding telecom facilities be minimized. The standards and policies established by this article are intended to ensure that telecom facilities within the City are developed in harmony with the surrounding environment through regulation of location and design.

(c)

The provisions of this chapter are not intended and shall not be interpreted to prohibit or to have the effect of prohibiting telecom services. This chapter shall not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent telecom services.

For the purposes of this article, certain terms shall have meanings as follows:

(a)

"Antenna" means a device used to transmit and/or receive radio or electromagnetic waves between Earth and/or satellite-based systems, including without limitation reflecting discs, panels, microwave dishes, whip antennas, direction and non-direction antennas consisting of one (1) or more wires or elements, multiple antenna configurations, or other similar electromagnetic wave transmission and/reception devices.

(b)

"Antenna array" shall mean two (2) or more antennas having active elements extending in one (1) or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.

(c)

"Camouflage" or "camouflaged facility" means a telecom facility in which the antenna, monopole, uni-pole, and/or tower, and sometimes the support equipment, are hidden from view, or effectively disguised as may reasonably be determined by the Director or Board as applicable, in a false tree, monument, cupola, or other concealing structure which either mimics, or which also serves as, a natural or architectural feature in a compatible environment. Concealing telecom facilities which do not mimic or appear as a natural or architectural feature to the average observer are not within the meaning of this definition.

(d)

"Co-location" means an arrangement whereby multiple telecom facilities owned or operated by different telecom operators share the same structure or site.

(e)

"FCC" means the Federal Communications Commission.

(f)

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal, costs and technological factors.

(g)

"Lattice tower" or "tower" means an open framework freestanding structure used to support one (1) or more antennas, typically with three (3) or four (4) support legs on main vertical load-bearing members.

(h)

"Monopole" means a single freestanding pole used to act as or support an exposed antenna or antenna arrays.

(i)

"Non-Residential Use" includes uses such as churches, schools, residential care facilities that are not a residential use but may be allowed in a residential zone typically with a conditional use permit.

(j)

"Operator" or "telecom operator" means any person, firm, corporation, company, or other entity that directly or indirectly owns, leases, runs, manages, or otherwise controls a telecom facility or facilities within the City.

(k)

"Radio Frequency" means electromagnetic waves in the frequency range of three hundred (300) kHz (three hundred thousand (300,000) cycles per second) to three hundred (300) Ghz (three hundred (300) billion cycles per second).

(l)

"Radome" means a visually opaque, radio frequency transparent material which may be flat or cylindrical in design, and is used to visually hide antennas.

(m)

"Support equipment" means the physical, electrical and/or electronic equipment included within a telecom facility used to house, power, and/or process signals from or to the facility's antenna or antennas.

(n)

"Structure" means any structure consistent with the definition provided in Section 10-2.191 but focusing on a structure that can be used for a telecom facility such as a monopole, uni-pole or tower, buildings, steeples, clock towers, park playfield lighting standards, water tanks, and signs.

(o)

"Telecommunication(s) facility, telecom facility, wireless telecommunications facility," or simply "facility" means an installation that sends and/or receives wireless radio frequency signals or electromagnetic waves, including, but not limited to, directional, omni-directional and parabolic antennas, structures or towers to support receiving and/or transmitting devices, supporting equipment and structures, and the land or structure on which they are all situated. The term does not include mobile transmitting devices, such as vehicle or hand held radios/telephones and their associated transmitting antennas.

(p)

"Uni-pole" is a monopole that does not have antenna elements other than the pole itself or the antenna elements are concealed inside a radome of the same diameter as the pole, or exceeding the pole diameter by no greater than six (6) inches.

(q)

"Utility tower" shall mean an open framework structure or steel pole used to support electric transmission facilities (see Lattice Tower).

These regulations are applicable to telecom facilities providing voice and/or data transmission such as, but not limited to, mobile telephone services, fixed microwave services, and mobile data services.

(a)

Exempt facilities. Amateur radio antennas, antennas used solely for the purpose of receiving local broadcast stations, and satellite dish antennas of one (1) meter in diameter or smaller and City

owned/operated communication facilities, radio and television broadcasting facilities, are exempt from the provisions of this chapter.

(a)

Facility Type Priorities. When reviewing proposed facility types for telecom facilities the Community and Economic Development Director (Director) or Board of Zoning Adjustment (Board), as applicable, shall utilize the following priority order provided in Table 3.4-1:

Priority Table 3.4-1 - Facility Type Priorities

1. New telecom facility fully camouflaged on existing or new building or structure

2. New telecom facility co-located on existing monopole, uni-pole, or tower

3. New camouflaged monopole, uni-pole, or tower

4. New non-camouflaged uni-pole without attached antenna elements

5. New non-camouflaged monopole with attached antenna elements

6. New non-camouflaged lattice tower

(a)

By Zoning Districts. Telecom facilities shall be allowed in the residential, office, commercial, and industrial zoning districts subject to the review process as provided in Table 3.4-2. Telecom facilities on public buildings and public property are provided for in subsection (b) below:

Table 3.4-2 - Telecom Facility Requirement

P=Permitted, Building Permit D=Development Plan Review by Director pursuant to Chapter 9, Article 9. Development Plan Review C=Conditional Use Permit by Board pursuant to Chapter 9, Article 7. Conditional Use Permit N=Not permitted

1 A conditional use permit is required if the uni-pole or monopole is located within 300 feet of a residential zone.

(b)

On Public Buildings and Public Property. All telecom facilities that are camouflaged are permitted on public buildings and public property. Non-camouflaged telecom facilities that are co-located on an existing structure may be approved by the Director pursuant to development plan review. A conditional use permit as approved by the Board is required for a new non-camouflaged uni-pole or monopole.

(c)

Replacement Provisions. Replacement of an existing telecom facility with a new similar facility may be permitted as determined by the Director.

(Amended by Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a)

Fall Zone Setbacks. All new monopole, uni-pole, lattice tower, or any other freestanding or guyed tower telecom facilities shall maintain a setback from any residentially zoned property that is at least one hundred ten (110) percent of the maximum height of the facility, including any Antenna or Antenna Array attached thereto. All new telecom facilities shall also meet the minimum setback requirements of the underlying zone. In approving such telecom facilities, the Director or Board, as applicable, shall consider maximizing adjacent setbacks from streets and residential properties to minimize the visual obtrusiveness of telecom facilities.

(b)

Separation Requirement. Except on public buildings and public property, all non-camouflaged monopole, uni-pole, or tower telecom facilities shall maintain a minimum one thousand (1,000) feet separation from all other non-camouflaged monopole, uni-pole, or tower telecom facilities. Consideration for a separation of

less than one thousand (1,000) feet for non-camouflaged monopole, uni-pole, or tower would be pursuant to Section 10-3.407(e).

(c)

Height. In general, for a given location, the facility shall be at the lowest possible height consistent with the radio frequency coverage requirements of the applicant, which shall be disclosed to the City as prescribed by the Director.

(1)

Maximum Height. The maximum height limits are as set forth in Tables 3.4-3. Requests for Facilities exceeding the height limits set forth in Tables 3.4-3 shall be made as a variance, and subject to the findings for a variance for Telecom Facilities provided in Municipal Code Section 10-3.407(d).

(2)

Roof Mounted Facilities. For roof mounted facilities, antennas and support structures shall not exceed the allowable height limit for the zoning district in which it is located by more than ten (10) feet or exceed the primary roof parapet height by more than six (6) feet, whichever is less.

Table 3.4-3—Telecom Facility Maximum Allowed Height (measured in feet)

1 Additional feet above permitted or actual building or structure height 2 See definition

3 The height of a monopole, uni-pole, or tower that existed prior to the adoption of this ordinance may be increased by ten (10) feet if shown necessary for collocation purposes for uni-pole or camouflage design subject to development plan review by the Director.

4 The maximum height is fifty-five (55) feet if the property of which the monopole, uni-pole, or tower is located is adjacent to any residential zone. N = Not permitted

(d)

Projection.

(1)

Building Mounted Antennas. The antenna and mountings shall not project more than eighteen (18) inches from the building surface to which it is mounted to the farthest point on the antenna or antenna mounting, whichever is farther, measured horizontally from the building surface.

(e)

Co-location requirements.

(1)

Co-location potential required. To limit the adverse visual effects of a proliferation of telecom sites in the City, the proposed construction of new telecom facilities shall be designed to accommodate co-location of two (2) or more service providers. Any new telecom facility may be required to co-locate with another existing or new facility, unless it can be demonstrated to be technically or economically infeasible.

(2)

Co-location limitations. Except on public buildings and public property, no more than three (3) noncamouflaged telecom facilities on buildings or structures, or the number of antennas on a non-camouflaged monopole, uni-pole, or tower may co-locate at a single site unless findings can be made pursuant to Section 10-3.407(f) can be made. More than three (3) non-camouflaged telecom facilities on public buildings and public property require approval by the Director.

(3)

Co-location on existing large towers. Co-location of more than three (3) telecom facilities on existing large towers (one hundred (100) feet or higher) may be approved by the Director pursuant to development plan review if the new telecom facility is determined to result in minimal increase on the visual intrusiveness to the surrounding area.

(f)

Screening criteria. Telecom facilities must be visually compatible with surrounding buildings and vegetation through the use of techniques such as color and materials. In addition to the other design standards of this section, the following criteria shall be applied by the Director or Board, as applicable, in connection with the processing of any permit.

(1)

On a Roof. Roof-mounted antennas shall be screened from view from adjacent properties and the public right-of-way. The screening may include parapets, walls, or similar architectural elements provided that they are designed, colored and textured to integrate with the existing architecture of the building.

(2)

On a Building Facade. Building-mounted antennas shall be flush mounted and covered with an RFtransparent and visually opaque material of a color and texture to match the existing building, or be effectively disguised or screened as may be reasonably determined by the Director or Board as applicable.

(3)

On Other Structures. Antennas mounted on or within structures such as a clock tower, steeple, park playfield light or water tank shall be integrated with the structure or effectively screened from public view.

(4)

Monopole, Uni-pole, or Tower. A monopole or tower facility shall be concealed, screened, or camouflaged by existing or proposed new vegetation, buildings, or other structures and blend into the surrounding environment to the greatest extent possible as may be reasonably determined by the Director or Board as applicable.

(5)

Support Equipment. Support equipment shall be screened from public view by decorative fence, wall, parapet, landscaping, berming or any combination thereof as approved by the Director or Board, or shall be located within a building, enclosure, or underground vault, which is designed, colored, textured, and landscaped to match the adjacent architecture or blend in with the surrounding environment. For groundmounted installations, support equipment may be required to be screened in a security enclosure consistent with the design provisions. Chain link fencing including barbed wire and razor wire may be allowed if it is not visible from the public.

(g)

Within the Public Right-of-Way. Telecom facilities and/or support equipment proposed to be located in the public right-of-way shall comply with the provisions of the Modesto Municipal Code. Telecommunications support equipment located in the public right-of-way shall be placed within flush-to-grade enclosures utilizing flush-to-grade venting systems except in those cases where the Director or Board, as applicable determines that it is not technically feasible to do so, in which case proper screening, as approved by the Director or Board as applicable, shall be required. In addition, ground-mounted equipment in the public right-of-way shall comply with all requirements of the Americans With Disabilities Act (ADA), and shall not interfere with drivers' sight lines for roadways, sidewalks, and driveways.

(h)

Building Code. Wireless telecommunications facilities, including, but not limited to, antennas, support structures, equipment structures, and related structures and equipment shall be designed, constructed, and maintained in accordance with the most current California Building Code and other applicable codes, laws, and regulations, as enforced by the Division of Building Safety, to assure that all such facilities will maintain their structural integrity despite the efforts of the elements.

(i)

Night Lighting. Telecom facilities shall not be lighted except:

(1)

For City-approved security lighting at the lowest intensity necessary for that purpose; and

(2)

As necessary for the illumination of the flag of the United States or the flag of the State of California, when such flag(s) are attached to or associated with the telecom facility. Such lighting shall be shielded so that direct illumination does not shine on nearby properties.

(3)

Any lighting which may be required by State or Federal law.

(j)

Signs and Advertising. No advertising signage or identifying logos shall be displayed on any telecom facility except for small identification, address, warning, and similar information plates not exceeding one (1) square foot or the minimum requirement by State or Federal law.

(Amended by Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a)

Development Plan Review. Telecom facilities may be approved by the Director pursuant to development plan review subject to all of the following findings:

(1)

The proposed new telecom facility results in the least intrusive visual impact to the area.

(2)

The proposed site will close a significant gap in coverage or service.

(3)

The proposed telecom facility conforms with the provisions of this article.

(b)

Conditional Use Permit. In considering any conditional use permit pursuant to Table 3.4-1 above, the Board shall determine that the applicant has demonstrated all of the following:

(1)

Other locations or type of telecom facilities not requiring such approval are either not available or not feasible.

(2)

The proposed telecom facility will not adversely impact the use of the property, other buildings and structures on the property, or the surrounding area or neighborhood.

(3)

The proposed new telecom facility results in the least intrusive visual impact to the area.

(4)

The proposed site will close a significant gap in coverage or service.

(5)

The proposed telecom facility confirms with the provisions of this article.

(c)

Variance for Wireless Telecommunication Facilities. The applicant for a variance shall have the burden of proof of showing that:

(1)

There are special radio frequency technology circumstances or conditions applicable to the property or building in question which do not exist for other properties or buildings within a radius of two thousand (2,000) feet from the proposed facilities site;

(2)

The special radio frequency technology circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of his ability to close a demonstrated significant gap in coverage or service in its own network coverage using the least intrusive means; and,

(3)

Granting the variance will be consistent with the intent and purpose of this chapter and the Federal Communications Act of 1996 (Public Law 104-104).

(d)

Maximum Height. Consideration to exceed the maximum height pursuant to Table 3.4-3 located in Section 10-3.406 may occur upon approval of a variance application based on making all of the following findings of Municipal Code Section 10-3.407(c).

(e)

Separation Requirement. Consideration to reduce the one thousand (1,000) feet separation requirement located in Section 10-3.406 for non-camouflaged monopole, uni-pole, or tower telecom facilities from another non-camouflaged monopole, uni-pole, or tower telecom facilities may occur upon approval of a conditional use permit based on making both of the following findings:

(1)

The visual impacts of the less than one thousand (1,000) feet separation are not significant.

(2)

Requiring the one thousand (1,000) feet separation would result in a significant gap in coverage or service.

(f)

Co-location. Consideration for more than three (3) non-camouflaged telecom facilities on buildings or structures, or the number of antennas on a non-camouflaged monopole, uni-pole, or tower may co-locate at a single site may be approved by the Director pursuant to a development plan review based on making the following finding.

(1)

The net visual effect of locating an additional facility at a co-location site will be less than establishing a new location.

(a)

Submission Requirements. Applications for telecom facilities shall be accompanied by the following minimum documentation, in such form and on such form as required by the Director. These are in addition to the usual zoning application submittal requirements for site plan review. The Director shall make changes to the form as necessary. The form shall be used to obtain required information to include in the City's administrative file for each project as required by federal law to base decisions on these projects on substantial evidence contained in the administrative file.

(1)

Justification. A brief narrative, accompanied by written documentation where appropriate, that explains the purpose of the facility and validates the applicant's efforts to comply with the design, location, and colocation standards of this chapter.

(2)

Coverage and Location Maps of Current and Future Facilities. As required by the Director, a map or maps showing the geographic areas to be served by the facility by area and radio frequency information. Maps and other supporting documentation demonstrating the need for the facility to close a significant gap in coverage or service, if such a gap is claimed by the applicant. In order to facilitate planning and reduce the need for future stand-alone telecom facilities, the Director may also require the applicant to submit a comprehensive plan of the operator's existing and future facilities that are or may be placed within the City limits of Modesto. The Director may waive this submittal requirement if it is determined unnecessary.

(3)

Visual Simulations. Visual simulations showing "before" and "after" views of the proposed facility, unless the Director determines that such simulations are not necessary for the application in question. Consideration shall be given to views from both public areas and private residences. Such photos, simulations or other accurately scaled representations shall include all proposed antenna structures, antennas, and related accessory equipment including, without limitation, all related physical structures to be placed on any new or existing equipment or support device.

(4)

Emission Standards. The Director may require documentation showing the specific frequency range that the facility will use upon and throughout activation, certification that the facility will continuously comply with FCC radio frequency emissions safety standards.

(5)

Radio Frequency Compliance and RF Emissions Safety Report and Project Technology and Design Review. At its discretion, the City may engage outside consultants to evaluate and/or verify compliance with FCC radio frequency (RF) emissions safety requirements in FCC Office of Engineering and Technology Bulletin 65 (or revisions or replacements thereto), as well as to conduct a project technology and design review. Estimated fees for the outside consultants shall be deposited with the City in advance.

(6)

Supporting Materials. Additional supporting materials deemed necessary by the reviewing Director in order to complete review of the proposal. Supporting materials may include, but are not limited to, color and material sample boards, proposed informational signage, landscaping plans, and other radio frequency related information.

(7)

Supplemental Telecom Site Application Form. The City may require the use of a City-developed supplemental antenna site application form to solicit information in support of the development of a comprehensive administrative record.

(8)

Fee. Applications shall be accompanied by a fee, as adopted by Resolution of the City Council, to defray all estimated reasonable costs and expenses incidental to review and processing of the application.

(a)

Discontinued Use. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Director by certified mail no less than thirty (30) days prior to such action. The operator or owner of the affected real property shall have ninety (90) days from the date of abandonment or discontinuance, or a reasonable time as may be approved by the Director, within which to complete one (1) of the following actions:

(1)

Reactivate use of the telecom facility;

(2)

Transfer the rights to use the telecom facility to another entity and the entity immediately commences use;

(3)

Remove the telecom facility and restore the site at the permittee's sole expense.

(b)

Abandonment. Any telecom facility that is not operated for a continuous period of one hundred eighty (180) days or whose operator did not remove the telecom facility in accordance with subsection (a) shall be deemed abandoned. Upon a finding of abandonment, the City shall provide notice to the telecom carrier last known to use such facility and, if applicable, the owner of the affected real property, providing thirty (30) days from the date of the notice within which to complete one (1) of the following actions:

(1)

Reactivate use of the telecom facility;

(2)

Transfer the rights to use the telecom facility to another owner;

(3)

Remove the telecom facility and restore the site at the permittee's sole expense.

(c)

Removal. The City may remove any telecom facility on City owned property where service provider has not responded to the 30-day notice as provided in (a) and (b) above. The cost of the removal shall be paid by the service provider.

Article 5. - Nonconforming Uses, Structures and Sites, And Lots

The following provisions shall apply only to those uses, structures and sites, and lots lawfully existing in the City on July 7, 1955, or those made nonconforming by rezoning, annexation or amendment of this chapter.

(a)

Continuance of Nonconforming Use. A nonconforming use may be continued in accordance with the provisions of this section but, except as provided in subsection (b) and (c) of this section, no

nonconforming use may be enlarged within the building it occupies, nor shall it be enlarged or increased to occupy a greater area of land than that occupied by such use, nor shall any nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use.

(b)

Minor Expansion. Minor Expansion of a nonconforming use resulting in an increase in area occupied of less than twenty (20) percent may be permitted only if approved by the Director. In order to approve a minor expansion, the Director must find the expansion will not significantly impede the transition of a non-

conforming use to a conforming use at a later date and will have no greater impact on surrounding properties in terms of noise, traffic, parking, hours of operation and visual compatibility.

(c)

Major Expansion. Major Expansion of a nonconforming use resulting in an increase in area occupied by more than twenty (20) percent may be permitted only if a conditional use permit is approved by the Board. In order to approve a major expansion, the Board must find the expansion will not significantly impede the transition of a non-conforming use to a conforming use at a later date and will have no greater impact on surrounding properties in terms of noise, traffic, parking, hours of operation and visual compatibility.

(d)

Replacement. Replacement of one (1) nonconforming use for another shall require approval by the Director. In order to approve the replacement, the Director must find the new use will have no greater impact on surrounding properties in terms of noise, traffic, parking, hours of operation and visual compatibility.

(e)

Discontinuance. If a nonconforming use is discontinued for a continuous period of one (1) year, all future uses shall conform to the provisions of this chapter except that the Director may grant an approval for another nonconforming use as provided for in Section (d) above. Discontinuance of use shall be deemed to have occurred whenever any of the following apply:

(1)

The non-conforming use of a structure is discontinued for a period of twelve (12) or more consecutive calendar months.

(2)

No business receipts or records are available for the twelve-month period.

(3)

A non-conforming use is replaced by a conforming use.

The following provisions apply to structures and sites that are not conforming to development standards:

(a)

Conformity to laws and regulations. All work performed on a non-conforming structure or site shall be pursuant to a building permit, meet all the requirements of this chapter and all City Codes, and conform to any other health or safety regulations or laws imposed by local, County, State, regional, or Federal agencies in effect at the time of the work and shall not expand any non-conformity except as allowed in Subsection (c) of this section.

(b)

Maintenance. A nonconforming structure or site, or a structure or site devoted to a nonconforming use, may be maintained. Maintenance may include interior remodels and such repair work as necessary to keep the structure or site in sound condition, but maintenance shall not include the replacement of a structure, except as allowed in Subsection (d) of this section.

(c)

Additions, enlargements and relocations. A nonconforming structure or site may not be added to, enlarged, or relocated, unless the addition, enlargement or relocation conforms to all the regulations of the zone in which it is located.

(d)

Damage or destruction. Any structure(s) or site(s), damaged or destroyed by accidental or natural causes may be reconstructed up to the legal non-conforming size, placement, or number of dwelling units. The Director may require changes to the plans if necessary to meet the California Building and Fire Codes. Reconstruction shall commence within one (1) year after the date the damage or destruction occurred and shall be diligently pursued to completion.

(a)

Definition. All lots recorded or part of an approved tentative subdivision on July 7, 1955, shall be deemed to comply with applicable area and width requirements.

(b)

Non conforming residential lots. All residentially zoned nonconforming lots are entitled to at least one (1) single-family dwelling and additional units may be permitted per the minimum density requirements of the zone in which the lot is located.

10-3.505 - Termination of Nonconforming Uses.

(a)

Violation of Title. Any of the following violations of this Title shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this Title:

(1)

Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use except as provided in Section 10-3.502(b) and (c).

(2)

Changing a nonconforming use to a use not permitted in the zone except as provided in Section 103.502(d);

(3)

Addition to a nonconforming use of another use not permitted in the zone.

(b)

Discontinuance. Discontinuance of a nonconforming use pursuant to Section 10.3.502(e) shall result in the termination of any rights to continue the nonconforming use.

(c)

Amortization of Nonconforming Uses.

(1)

Notwithstanding Section 10-3.502, any and all uses of real property which become nonconforming uses by reason of an amendment to this Title and/or to the City of Modesto Zoning Map adopted by the City Council of the City of Modesto on or after January 1, 2022, shall be allowed to continue for a period of not more than six (6) months after the effective date of the ordinance rendering such use a nonconforming use. On or before such date, all such nonconforming uses shall be terminated unless an application for extension of time has been approved in accordance with the provisions of Section 10-3.506.

(2)

Exemptions.

a.

Historical Structures. Nonconforming structures that have been certified to be a historic resource by the City, County of Stanislaus, the State of California, or in the National Register of Historic Places are exempt from this section.

b.

Nonconforming Due to Lack of a conditional use permit.

(i)

Conformity of Uses Requiring Conditional Use Permits. A use that becomes nonconforming only because it is a use that would be required by amendment to this Title or to the Zoning Map to have conditional use permit approval shall be deemed conforming.

(ii)

Previous Conditional Use Permits in Effect. A use that was authorized by a conditional use permit prior to adoption of an amendment to this Title, but is identified by the amendment as a use that is not allowed in its current location, may continue, but only in compliance with the original conditional use permit.

c.

Religious Institutions. Religious Institutions of a permanent nature which became nonconforming at the time of adoption of an amendment to this Title or to the Zoning Map may be continued, reconstructed,

structurally altered, extended, or enlarged subject to plans approved by the Community Development Director or his or her designee for any reconstruction, alteration, extension, or enlargement and provided such reconstruction, alteration, extension, or enlargement conforms with all other provisions of this title; and provided, further, that said extension, reconstruction, alteration or enlargement shall not be extended to additional property beyond the parcel(s) upon which the nonconforming use exists.

d.

Residential Units. Residential Units which became nonconforming uses at the time of adoption of an amendment to this Title or to the Zoning Map may be continued, reconstructed, structurally altered, extended, or enlarged in conformance to the previous residential zone.

(3)

Failure to terminate a nonconforming use constitutes a public nuisance. Failure to terminate a nonconforming use within the time periods provided in this section shall constitute a violation of this Code and is a public nuisance subject to abatement in accordance with the provisions of this Code.

(d)

Unlawful Uses and Structures. Uses and structures that did not comply with the applicable provisions of this Code or prior planning and zoning regulations when established are violations of this Code and are subject to the provisions of this Code regarding the administration and enforcement of this Code. This section does not grant any right to continue unlawful use of property containing an illegal use or structure.

(Ord. No. 3750-C.S., § 1, effective 11-3-22)

Editor's note— Ord. No. 3750-C.S., § 1, effective November 3, 2022, amended the title of § 10-3.505 to read as herein set out. The former § 10-3.505 title pertained to amortization of nonconforming prohibited uses.

The owner or operator of a nonconforming use as described in Section 10-3.505 may apply under the provisions of this section to the Community and Economic Development Director for an extension of time within which to terminate the nonconforming use.

(a)

Time and Manner of Application. An application for an extension of time within which to terminate a nonconforming use as described in Section 10-3.505, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the Community and Economic Development Director at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in Section 10-3.505 for termination of such use.

(b)

Content of Application; Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of

fees established by resolution from time to time by the City Council.

(c)

Hearing Procedure. The City Manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty-five (45) days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6.

(d)

Factors to be Considered by the Hearing Officer. In determining whether an extension of time under the provisions of this section shall be approved, the hearing officer shall consider the following:

(1)

The applicant's investment in the property or structure on or in which the nonconforming use is conducted;

(2)

The applicant's lease obligations in the property or structure on or in which the nonconforming use is conducted;

(3)

Whether such property or structure can be readily converted to another use;

(4)

Whether the applicant's investment in the property or structure on or in which the nonconforming use is conducted was made prior to the effective date of the ordinance codified in this article;

(5)

Whether the applicant will be able to recoup the applicant's investment in the property or structure on or in which the nonconforming use is conducted as of the date established for termination of the nonconforming use; and

(6)

Whether the applicant has made good faith efforts to recoup the applicant's investment and to relocate the nonconforming use to a location outside the City of Modesto.

(e)

Approval of Extension; Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings:

(1)

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of the ordinance codified in this article;

(2)

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

(3)

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location outside the City of Modesto.

(Ord. No. 3750-C.S., § 2, effective 11-3-22)

Editor's note— Ord. No. 3750-C.S., § 2, effective 11-3-22, amended the title of § 10-3.506 to read as herein set out. The former § 10-3.506 title pertained to extension of time for termination of nonconforming prohibited use.

Article 6. - Personal Cannabis Cultivation

10-3.601 - Purpose and Authority.

(a)

The purpose of this Ordinance is to allow marijuana (cannabis) to be cultivated inside a private residence or inside an accessory structure, subject to certain reasonable regulations, in all zones of the City.

(b)

The City has the power to regulate permissible land uses throughout the City and to enact regulations for the preservation of the public health, safety and welfare of its residents and community. This Ordinance is also consistent with the General Plan of the City which promotes safe neighborhoods and communities.

(c)

This Ordinance is intended to acknowledge that the cultivation and use of cannabis is illegal under the Controlled Substances Act. Based upon the Department of Justice's James A. Cole Memo, the City has determined that this Ordinance will sufficiently meet the enforcement priorities described in the Cole Memo. This Ordinance will, among other things, safeguard minors from cannabis while granting limited immunity

from local prosecution to cannabis cultivation that does not violate the restrictions and limitations set forth in this Ordinance.

(d)

This Ordinance is adopted consistent with the City's police power provided by Article XI, section 7 of the California Constitution. The purpose of this Ordinance is to require that cannabis be cultivated only in appropriately secured, enclosed structures, so as not to be visible to the general public, to provide for the health, safety, and welfare of the public, to avoid nuisance odor created by cannabis plants from impacting adjacent properties, to ensure that cannabis remains secure and does not find its way to minors, illicit markets, and to prevent crime associated with cannabis.

(e)

It is the purpose of this section: to require that the indoor cultivation of cannabis occur only in appropriately secured, enclosed, and ventilated structures so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by cannabis plants from impacting adjacent properties; and to ensure that cannabis grown for medical and nonmedical purposes remains secure and does not find its way to persons under the age of twenty-one (21) or to illicit markets. Nothing in

this section is intended to impair any defenses available to qualified patients or primary caregivers or recreational use of cannabis under the applicable State law. Nothing in this section is intended to authorize the cultivation, possession, or use of cannabis in violation of state or federal law.

(Ord. No. 3683-C.S., § 3, effective February 15, 2018)

For purposes of this article, the following definitions shall apply, unless the context clearly indicates otherwise:

"Abatement" means the removal of cannabis plants and improvements that support cannabis cultivation which are in excess of the number of plants allowed to be cultivated under this article.

"Bedroom" means a room inside a residential building being utilized by any person primarily for sleeping purposes or a room primarily designed for sleeping purposes.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to 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" also means cannabis as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26001(f), as both may be amended from time to time. Any

reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code section 11018.5. 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.

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

"Cultivation site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

"Fully enclosed and secure structure" means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors and inaccessible to minors. Fully enclosed and secure structure does not include temporary or non-secure structures such as a hoop house or tents.

"Indoors" means within a fully enclosed and secure structure.

"Marijuana" shall have the same meaning as cannabis, as defined in this -article.

"Outdoors" means any location within the City of Modesto that is not within a fully enclosed and secure structure.

"Parcel" means property assigned a separate parcel number by the Stanislaus County assessor.

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

"Primary caregiver" means a "primary caregiver" as defined in Section 11362.7(d) of the Health and Safety Code, as may be amended from time to time.

"Private residence" means any house, apartment unit, mobile home, or other similar dwelling.

"Qualified patient" means a "qualified patient" as defined in Section 11362.7(f) of the Health and Safety Code, as may be amended from time to time.

"Rear yard" means the rear open space portion of any premises, whether fenced or unfenced.

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

"Sale" or "sell" means any transaction whereby, for any consideration including trades, barters, or exchanges, title to cannabis or cannabis products is transferred from one (1) person to another.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

10-3.603 - Outdoor Cultivation of Cannabis.

All outdoor cultivation of cannabis within the City is prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City of Modesto to cause or allow such parcel to be used for the outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, recreational or personal uses.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

(a)

It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the City of Modesto to cause or allow such parcel to be used for the cultivation of cannabis plants except as provided in subsections (b) and (c) of this section.

(b)

Who is permitted to cultivate cannabis indoors.

(1)

Only a person who is at least eighteen (18) years of age and either a qualified patient or a primary caregiver, or an adult who is at least twenty-one (21) years of age, may engage in indoor cultivation of cannabis.

(2)

Residency requirement. The person cultivating the cannabis shall reside full-time on the premises where the indoor cultivation of cannabis occurs.

(3)

Permission of owner. Tenants or anyone cultivating shall obtain the written permission and signature of the property owner(s) prior to cultivating cannabis. A notarized signature from the owner of the property consenting to the cultivation of cannabis at the premises on a form acceptable to the City shall be made available to the City upon request by any City official.

(c)

Indoor Cultivation Standards. Cannabis cultivated indoors, within the City of Modesto, shall be in conformance with the following standards:

(1)

Indoor cultivation of cannabis is permitted only within a private residence or within a fully enclosed and secure structure to a private residence that meets the requirements of this article;

(2)

Cannabis cultivation and the cultivation area must be inaccessible to minors. A fully enclosed and secure structure used for the cultivation of cannabis that is separate from the main residential structure on a

premises must maintain a minimum ten (10) foot setback from any property line;

(3)

Cannabis cultivation may not occur in both a detached structure and inside a residence on the same parcel. Only one (1) indoor cultivation area is allowed per private residence;

(4)

Cannabis cultivation areas shall not be accessible to persons under eighteen (18) years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry;

(5)

Indoor cultivation of cannabis shall not exceed six (6) cannabis plants per private residence, regardless of how many qualified adults, qualified patients, or primary caregivers are residing at the private residence;

(6)

Cannabis cultivation shall not occur on any carpeted area;

(7)

Cannabis cultivation lighting shall not exceed twelve hundred (1,200) watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the City;

(8)

The use of gas products (CO2, butane, etc.) or generators for cannabis cultivation or processing is prohibited;

(9)

Cannabis cultivation for sale is prohibited;

(10)

From a public right-of-way, there shall be no exterior evidence of cannabis cultivation;

(11)

The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and the use of the primary bedrooms are for their intended purpose;

(12)

Any cannabis cultivation area located within a residence shall not create a humidity or mold problem in violation of Title 9 of the Modesto Municipal Code and State Health and Safety Codes;

(13)

Any structure used for the cultivation of cannabis must have proper ventilation to prevent mold damage and to prevent cannabis plant odors or particles from becoming a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;

(14)

The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes;

(15)

Any modification to existing structures or plumbing, electrical or mechanical systems shall require a permit from the Building Official, or his or her designee.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

It is hereby declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Modesto to create a public nuisance in the course of cultivating cannabis. A public nuisance may be deemed to exist if such activity produces:

(a)

Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property and/or areas open to the public;

(b)

Repeated responses (more than three (3) times in a one (1) year time period from the date of the initial violation) to the parcel from law enforcement or code enforcement officers;

(c)

Repeated disruption (more than three (3) times in a one (1) year time period from the date of the initial violation) to the free passage of persons or vehicles in the neighborhood;

(d)

Excessive noise in violation of applicable City noise standards in the general plan or municipal code;

(e)

Any other impacts on the neighborhood which are disruptive of normal activity in the area.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

It shall be unlawful for any person cultivating cannabis pursuant to this article to sell or offer for sale the cannabis permitted to be grown under this article.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

(a)

The violation of this article is hereby declared to be a public nuisance. The City may pursue any and all legal and equitable remedies related to the enforcement of the provisions of this code, including criminal, civil, and administrative remedies and penalties and any related cost recovery authorized pursuant to this code and State law in accordance with Title 1 of the Modesto Municipal Code.

(b)

Criminal. Any person violating any provision of this article may be prosecuted criminally.

(c)

Civil. A violation of this article may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the abatement procedure set forth in Title 1 of the Modesto Municipal Code.

(d)

Administrative. Whenever any authorized personnel, pursuant to Modesto Municipal Code Section 1-6.103, determines that a violation of any of the provisions of any of the ordinances of the City has occurred, that personnel has the authority to issue an administrative citation to the person responsible for the violation.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

An appeal of an administrative citations for violations of this chapter shall follow the procedures set forth in Modesto Municipal Code Section 1-6.501 et seq., or such other appeal process designated by the enforcement officer.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

10-3.609 - Penalty for Violation.

(a)

In addition to any other remedy allowed by law, any person who violates a provision of this article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Title 1 of the Modesto Municipal Code.

(b)

Any person convicted of a misdemeanor under the provisions of this article shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail of the County of

Stanislaus for a period not more than one (1) year, or by both such fine and imprisonment.

(c)

Notwithstanding the foregoing, an administrative civil penalty may be imposed pursuant to Modesto Municipal Code section 1-6.301 et seq., for violation of Section 10-3.604(c)(5) in an aggregate amount calculated at one thousand dollars ($1,000.00), per plant in excess of six (6) plants.

(d)

The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one (1) does not prevent the use of any others and none of these penalties and remedies prevent the City from using any other remedy at law or in equity which may be available to enforce this article or to abate a public nuisance.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

(a)

Any cannabis cultivation in violation of this article is a public nuisance and is subject to nuisance abatement pursuant to Modesto Municipal Code Section 1-6.603, including the summary abatement provisions of Modesto Municipal Code Section 1-6.604.

(b)

Any cannabis cultivation in violation of this article is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions of chapter 8 (commencing with section 11469) relating to seizure, forfeiture, and destruction of property.

(Ord. No. 3683-C.S., § 3, effective January 16, 2018)

Article 7. - Commercial Cannabis Uses

10-3.701 - Purpose.

(a)

The purpose of this section is to identify and establish standards for commercial cannabis uses that are permitted or conditionally permitted in some or all districts, but which have the potential to create significant effects on the community and surrounding properties. Furthermore, it is the purpose and intent of this section to:

(1)

Assist law enforcement agencies in performing their duties effectively and in accordance with California law.

(2)

Acknowledge that the cultivation of medical and nonmedical cannabis is illegal under federal law while granting limited immunity from local prosecution to those medical and nonmedical cannabis activities that do not violate the restrictions and limitations set forth in this section or California law.

(3)

Ensure that cannabis grown for medical and nonmedical purposes remains secure and does not find its way to minors or illicit markets.

(b)

These provisions are supplemental standards and requirements to minimize the effects of these uses and activities and to protect the health, safety, and welfare of individuals and the general public in accordance with the goals, objectives, policies, and implementation programs of the general plan. Article 7 of Chapter 3 is a permissive ordinance and therefore does not confer any rights or permitted uses related to commercial cannabis uses unless expressly stated as an allowed right or use in this section or other provision of the Modesto Municipal Code.

Standards and regulations set forth in this section apply to all commercial cannabis uses unless otherwise specified.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

(a)

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to 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" also means marijuana as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26000(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. Cannabis or cannabis products does not mean industrial hemp as defined by Health and Safety Code section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. 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.

(b)

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

(c)

"Cannabis cultivation area" means the total aggregate area(s) of cannabis cultivation on a single premise as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, greenhouses, and each room or area where cannabis plants are grown, as determined by the review authority.

(d)

"Cannabis cultivation indoor" means the cultivation of cannabis using exclusively artificial lighting.

(e)

"Cannabis cultivation mixed-light" means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hothouses and similar structures, or light deprivation systems are included in this category.

(f)

"Cannabis cultivation outdoor" means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering. Outdoor cultivation does not include greenhouses, hoop houses, hot houses or similar structures.

(g)

"Cannabis cultivation site" means the premise(s), leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities.

(h)

"Cannabis dispensary" or "dispensary" means a facility, whether fixed or mobile, operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis, products as part of a retail sale.

(i)

"Cannabis distribution facility" means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") or a state cannabis license type subsequently established.

(j)

"Cannabis license" means a state license issued pursuant to MAUCRSA.

(k)

"Cannabis licensee" means a person issued a state license under MAUCRSA to engage in commercial cannabis uses or activity.

(l)

"Cannabis manufacturer" means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.

(m)

"Cannabis manufacturing" means a facility, whether fixed or mobile, that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.

(n)

"Cannabis nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

(o)

"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.

(p)

"Cannabis testing service" or "cannabis testing laboratory" means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity.

(q)

"Child care center" shall have the same meaning as "day care center" in Health and Safety Code section 1596.76, as may be amended from time to time: means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers.

(r)

"Commercial Cannabis Permit" or "Cannabis Permit," shall mean a permit issued by the City pursuant to this article for the operation of a commercial cannabis business within the City.

(s)

"Commercial cannabis uses" means any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), including but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. "Commercial cannabis uses also means any cannabis activity licensed pursuant to additional State laws regulating such businesses. Commercial cannabis uses shall not include legal medical cannabis or cannabis activities carried out exclusively for one's personal use that does not involve commercial activity or sales.

(t)

"City Manager" means the City Manager or his or her designee.

(u)

"Dispensary" means any commercial cannabis facility, whether fixed or mobile, engaged in the retail sale of cannabis or cannabis products to customers under a state cannabis license Type 10, 9, or 12, or a state cannabis license type subsequently established.

(v)

"Distributor" means any commercial cannabis operation that distributes cannabis or cannabis products under a valid state Type 11, or a state cannabis license type subsequently established.

(w)

"Electronic age verification device" means a device capable of quickly and reliably confirming the age of the cardholder of a government issued identification card using computer processes.

(x)

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

(y)

"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

(z)

"Medical cannabis" or "medicinal cannabis" means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act ("CUA," Health and Safety Code section 11362.7 et seq.), the Medical Marijuana Program Act ("MMPA," Health and Safety Code section 11362.7 et seq.) and the Medical Cannabis Regulation and Safety Act ("MCRSA," Business and Professions Code section 19300 et seq.) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA").

(aa)

"Microbusiness" means a commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness Business and Professions Code section 26070(a)(3)(A), as may be amended from time to time, which cultivates less than ten thousand (10,000) square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer.

(bb)

"Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.

(cc)

"Premise(s)" means a legal parcel, or a leasehold interest in land, or a leased or owned space in a building where the commercial cannabis use or activity is or will be conducted.

(dd)

"Primary caregiver" shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time.

(ee)

"Public place" means any publicly owned property or property on which a public entity has a right-of-way or easement. Public place also means any private property that is readily accessible to the public without a challenge or barrier, including but not limited to front yards, driveways, and private businesses.

(ff)

"Qualifying patient" or "qualified patient" shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time.

(gg)

"Operator" means the natural person or designated officer responsible for the operation of any commercial cannabis use.

(hh)

"Review authority" means the individual or official City body (the City Manager, Director, Council, Commission, or Board) and others as identified in the Modesto Municipal Code as having the responsibility and authority to review and approve or deny land use permit applications.

(ii)

"Sale," "sell," and "to sell" shall have the same meaning as set forth in Business and Professions Code section 26001(aa), as the same may be amended from time to time: any transaction whereby, for any consideration, title to cannabis is transferred from one (1) person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or

receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.

(jj)

"School" means any public or private school providing instruction to students in kindergarten or any grades 1 through 12.

(kk)

"Volatile solvent" means volatile organic compounds, including but not limited to: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene as determined by the Fire Marshall.

(ll)

"Youth center" shall have the same meaning as in Section 11353.1 of the Health and Safety Code, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. No. 3684-C.S., § 4, effective 2-15-18; Ord. No. 3720-C.S., § 1, effective 10-22-20)

10-3.703 - Location and Minimum Proximity Requirements.

(a)

Commercial Cannabis Uses Table 3.7-1 identifies which commercial cannabis uses are permitted in the City and in which zones. No commercial cannabis use is permitted unless Table 3.7-1 indicates that the use is permitted with a Commercial Cannabis Permit (CCP). No home-based commercial cannabis businesses are permitted.

Table 3.7-1 Commercial Cannabis Uses. "CCP" indicates that a Commercial Cannabis Permit is required. A blank space indicates the use is not permitted. Only uses listed below, in the zones listed, are permitted.

(b)

Additionally, the following location and proximity requirements shall apply:

(1)

No commercial cannabis use shall be located within six hundred (600) feet of a school, child care center, or youth center, as measured from the nearest property lines.

(2)

No commercial cannabis use shall be located within one hundred(100) feet of any residential use; this distance shall be measured from any building or structure containing a commercial cannabis use to an existing residential structure used for residential purposes.

(3)

No commercial cannabis use shall be located within two hundred (200) feet of a park or library, as measured from the nearest property lines.

(4)

All commercial cannabis uses listed in Table 3.7-1 except Retailer, Types 10 and 9 (storefront and nonstorefront) and Type 12 (microbusiness with a retail component) licenses are allowed within the Business Park Land Use Designation of all applicable adopted Specific Plans, subject to all requirements of this article.

(5)

All commercial cannabis uses are prohibited in the Downtown Cannabis Prohibition Overlay, regardless of a property's zoning designation. The Downtown Cannabis Prohibition Overlay is that area shown in Figure 3.7-1 below, and further described as the area including all properties that front either side of or are within

the area bound by the following streets: Kansas Avenue, from Highway 99 to 9[th ] Street; Needham Street; Downey Avenue, from McHenry Avenue to Burney Street; Burney Street, from Downey Avenue to Jennie Street; D Street, from Jennie Street to Highway 99; and the area fronting Highway 99 within the boundary. If any parcel is partially within the Downtown Cannabis Prohibition Overlay, all commercial cannabis uses shall be prohibited on the entire parcel.

==> picture [464 x 348] intentionally omitted <==

(c)

The proximity requirements above may be waived by the decision-maker when the applicant can show that an actual impassible physical separation exists between land uses or parcels, such as a building, sound wall, major street or highway, such that no negative off-site impacts could occur that would result in harm or likely harm to the public health, safety, or welfare or the health, safety, or welfare of nearby resident or tenant, unless otherwise prohibited under State law.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

(a)

All commercial cannabis uses, except with respect to Commercial Cannabis Delivery Permits, which shall be governed by Section 10-3.713, must obtain a City business license, a City Commercial Cannabis Permit, and a state license prior to commencing commercial operations. Additional permits or entitlements may be required depending on construction or improvements necessary to a building or site.

(b)

The total number of Commercial Cannabis Permits granted for each state license type may be established by City Council Resolution or within this chapter.

(c)

The City may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this article, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the Modesto Municipal Code, or any other local, state or federal law.

(d)

No property interest, vested right, or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder as such permits are revocable. Permits issued pursuant to this article are not transferable to another individual or as to another physical location without City approval.

(e)

Operator/Permit/Employee Holder Qualifications. All Cannabis permit holders and cannabis business operators must meet the following minimum qualifications. The City reserves the right to require additional qualifications through the Cannabis Permit application procedure.

(1)

Commercial Cannabis Permit holders, business operators, and employees must be twenty-one (21) years of age or older.

(2)

Commercial Cannabis Permit holders, business operators, and employees shall be subject to background checks by the California Department of Justice, Federal Bureau of Investigations, and local law enforcement.

(3)

Permits for commercial cannabis uses shall not be permitted for operators with felony convictions, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code. Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.

(4)

Commercial Cannabis Permit holders must meet the minimum qualifications established by the state for the applicable state license type.

(f)

Commercial Cannabis Permits.

(1)

Commercial Cannabis Permits shall require City Council approval or the approval of a Cannabis Program and Permit Review Committee made up of three (3) City Council members appointed by a majority of the entire Council, except with respect to Commercial Cannabis Delivery Permits, which shall be governed by Section 10-3.713. Permit applicants must meet all operator and application requirements to be considered for permit issuance by the City Council or Cannabis Program and Permit Review Committee.

(2)

City staff shall provide notice in accordance with Section 10-9.201 at least ten (10) days prior to the City Council's or Cannabis Program and Permit Review Committee's consideration of the permit.

(3)

Findings for denial of permit. A commercial cannabis permit may be denied if any of the following findings are made:

(i)

The application does not meet all requirements of this article.

(ii)

Approval would very likely result in harm to public safety, health, or welfare.

(iii)

Potential negative impacts of the use cannot be mitigated with conditions or through this article's requirements.

(4)

Appeals.

(i)

If a Cannabis Program and Permit Review Committee is appointed, applicants may appeal its decisions on Cannabis Permits to the full City Council in writing in accordance with Section 10-9.302. The City Council's decision on such appeals shall be final.

(ii)

If no Cannabis Program and Permit Review Committee is appointed, City Council decisions on Cannabis Permits shall be final.

(5)

Commercial Cannabis Permits shall be valid for two (2) years, although the City may require an annual permit fee.

(6)

No Commercial Cannabis Permit holder may commence commercial operations until the necessary state license(s) is obtained. "Commercial operations" does not include tenant improvements or other necessary pre-operational activities. "Commercial Operations" means participating in commercial cannabis activities which require a state license. Commercial Cannabis Permits may contain additional conditions.

(7)

Commercial Cannabis Permit fees shall be set by Resolution of the City Council.

(8)

Conditions of approval may be placed on commercial cannabis permits, including a requirement to comply with design guidelines related to cannabis uses.

(g)

Cannabis Permit Application Procedure.

(1)

The City Manager, or his or her designee, may design application forms and procedures specific to each permitted license type, including online permitting, and require inspections of proposed facilities before issuing a permit under this article. Such procedures may include a request for proposal (RFP) process for certain license types where deemed necessary.

(2)

Applications shall be reviewed by City staff or qualified consultants, as designated by the City Manager. Such review may include a scoring or ranking system. Applications failing to meet minimum qualifications or scoring requirements may not be submitted to the City Council or Cannabis Program and Permit Review Committee for consideration.

(3)

Applicants providing false or misleading information in the permitting process will result in rejection of the application and/or nullification or revocation of any issued permit.

(4)

Applications shall require, at a minimum, the following:

(i)

All necessary information related to the business its operators, including names, birth dates, addresses, social security or tax identification numbers, relevant criminal history, relevant work history, names of

businesses owned or operated by the applicant within the last ten (10) years, investor and/or partner information, and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual's privacy interests and public health and safety.

(ii)

Written (and notarized) permission from the property owner and/or landlord to operate a commercial cannabis use on the site.

(iii)

Operating Plan.

(iv)

Security Plan as required under Section 10-3.706.

(v)

Site Plans.

(vi)

Air Quality Information. When deemed necessary by City staff for purposes of compliance with CEQA or state cannabis regulations, the applicant shall provide a calculation of the businesses anticipated emissions of air pollutants. The applicant shall also provide assurance that the business will comply with all Best Management Practices established by the San Joaquin Valley Air Pollution Control District ("SJVAPCD"). No Cannabis Permit shall be issued to any business that would exceed the thresholds of significance established by the SJVAPCD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. Applicants are encouraged to design their project so as to minimize or avoid air pollutant emissions.

(vii)

Greenhouse Gas Emissions. When deemed necessary by City staff for purposes of compliance with CEQA, the applicant shall provide calculations of the anticipated greenhouse gas emissions for the operation of the business and, where applicable, the operation of the business. The applicant shall further demonstrate compliance with any applicable state, regional, or local plan for the reduction of greenhouse gas emissions. No cannabis permit shall be granted for any business that would violate any state, regional, or local plan for the reduction of greenhouse gases, nor shall any cannabis permit be issued where the construction and/or operation of the business would exceed any applicable threshold of significance for greenhouse gas emissions under the California Environmental Quality Act.

(viii)

Hazardous Materials Information. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. "Hazardous materials" includes

any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.

(ix)

Water Supply Information. When deemed necessary by the City Engineer, the applicant shall demonstrate to the satisfaction of the City Engineer that sufficient water supply exists for the use.

(x)

Wastewater Information. When deemed necessary by the City Engineer, the applicant shall demonstrate to the satisfaction of the City Engineer that sufficient wastewater capacity exists for the proposed use.

(xi)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the Modesto Municipal Code pertaining to the establishment and operation of the commercial cannabis use, including, but not limited to, the provisions of this article. The affidavit(s) shall acknowledge that the approval of the Commercial Cannabis Permit shall, in no way, permit any activity contrary to the Modesto Municipal Code, or any activity which is in violation of any applicable laws.

(xii)

Signed indemnity provision, as established in Section 10-3.711(e) of this article.

(Ord. No. 3684-C.S., § 4, effective 2-15-18; Ord. No. 3720-C.S., §§ 2, 3, 4, effective 10-22-20; Ord. No. 3742-C.S., § 1, effective 4-7-22)

(a)

Any Commercial Cannabis Permit issued under this article may be immediately suspended or not renewed for any of the reasons listed in (1) through (9) below. Any permit issued under this article may be revoked by the City, following notice and opportunity for a hearing, upon any of the following:

(1)

An operator ceases to meet any of the minimum qualifications listed in this article, fails to comply with the requirements of this article or any conditions of approval of the permit.

(2)

An operator/permit holder's state license for commercial cannabis operations is revoked, terminated, or not renewed.

(3)

The commercial cannabis operation fails to become operative within eighteen (18) months of obtaining its Commercial Cannabis Permit.

(4)

Once operational, the business ceases to be in regular and continuous operation for three (3) consecutive months.

(5)

State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.

(6)

Circumstances under which the permit was granted have significantly changed and the public health, safety, and welfare require the suspension, revocation, or modification.

(7)

The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application.

(8)

The operator/permit holder/business is not current on City taxes or fees.

(9)

The permit holder/operator's state license for commercial cannabis operations is suspended. The City shall not reinstate the permit until documentation is received showing that the state license has been reinstated or reissued. It shall be up to the City's discretion whether the City reinstates any permit.

(b)

Notice of Revocation or Nonrenewal. If the City proposes to revoke or not renew a permit, written notice of the proposed revocation or nonrenewal must be served on the permit holder at least fifteen (15) days prior to the date of the proposed revocation or nonrenewal becomes effective. The notice shall be served personally or sent via certified mail and contain:

(1)

A statement explaining the grounds for the revocation or nonrenewal.

(2)

A statement that the permit holder may appeal the action according to section (c) below, and that the failure to appeal the notice of revocation or nonrenewal will constitute a waiver of all rights to an appeal hearing and the revocation will be final.

(c)

Appeal of Proposed Revocation or Nonrenewal. Any applicant or permit holder may appeal a proposed permit revocation or nonrenewal by filing a written appeal with the City Manager's office within ten (10) days from the date of the notice of revocation or nonrenewal. The written appeal must contain the following:

(1)

A brief clear statement, including material facts, to support the appellant's position and the relief sought;

(2)

The signature of the permit holder with verification under penalty of perjury of the truth of the statements in the written appeal; and

(3)

Any required appeal fee, which may be approved via Resolution of the City Council.

(d)

Appeal Hearing Procedure.

(1)

Upon receipt of a valid written appeal, the City Manager shall schedule an appeal hearing no earlier than twenty (20) days from the receipt of the appeal.

(2)

A Hearing Officer, appointed by the City Manager, will conduct the appeal hearing.

(3)

The Hearing Officer may only consider evidence that is relevant to whether the permit should be revoked or not renewed. However, the formal rules of evidence shall not apply to the hearing.

(4)

The person contesting the action will be given the opportunity to testify and present witnesses and evidence concerning the action. Unless requested in advance by the person contesting the action, a representative of the City is not required to attend the hearing, provided that any such appearance may be made at the discretion of the City Manager.

(5)

The Hearing Officer may continue the hearing and request additional information from either party prior to issuing a written decision.

(6)

After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer must issue a written decision within a reasonable time after the hearing to uphold or deny the recommended action and must list in the decision the reasons for that decision. The Hearing Officer will use the preponderance of evidence as the standard of evidence in deciding issues. The decision of the Hearing Officer will be final.

(7)

If the Hearing Officer determines that the action should not be upheld, the City will promptly refund the applicable amount of the appeal hearing fee.

(8)

The City shall serve the recipient of the notice of appeal or nonrenewal with a copy of the Hearing Officer's written decision by certified mail.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

(a)

Security Requirements - Dispensaries.

(1)

Floor Plan. A dispensary shall have a lobby waiting area at the entrance to receive persons to verify that the person meets the criteria of a valid qualified patient or primary caregiver, or in the case of nonmedical dispensary, whether they are at least twenty-one (21) years of age. A dispensary shall also have a separate and secure area designated for distributing cannabis. The main entrance shall be located and maintained clear of barriers, landscaping, and similar obstructions so that it is clearly visible from public streets or sidewalks.

(2)

Storage. A dispensary shall have adequate locked storage on the dispensary property, identified and approved as a part of the security plan, for after-hours storage of cannabis. Cannabis shall be stored at the dispensary property in secured rooms that are completely enclosed or in a safe that is bolted to the floor.

(3)

Security Plans. A dispensary shall comply with a security plan that is approved by the City Manager, in consultation with the police department, that includes, but is not limited to, building security specifications, lighting, cameras, alarms, and adequate state-licensed security personnel to patrol the dispensary area in order to preserve the safety of persons and to protect the dispensary from theft, including employee theft. The plan shall include storage and transportation information, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The plan should also include bollards where necessary to prevent vehicle entrance into the facility. The plan shall include detailed information regarding limited-access areas. The City may require minimum standards beyond those in this article for: all alarm and security-related equipment, staff training related to security

equipment and procedures, and maintenance and contract requirements for all security equipment and personnel.

(4)

Security personnel shall be on-site twenty-four (24) hours a day or alternative security as authorized by the Police Chief or his/her designee(s), so long as such alternative plan meets minimum state regulations. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Chief of Police or his/her designee(s), with such approval not to unreasonably withheld.

(5)

Security Cameras. Security surveillance cameras and a video recording system shall be installed to monitor the interior, main entrance, all entries and exists (from both the inside and outside of building) and exterior dispensary area to discourage loitering, crime, and illegal or nuisance activities. The camera and recording system must be of adequate quality (at least HD), color rendition, and resolution to allow the identification of any individual present in the dispensary area. At each point-of-sale location, camera coverage must enable recording of the customer(s) and employee(s) facial features with sufficient clarity to determine

identity. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s). The commercial cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City's software and hardware. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

(6)

Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than forty-five (45) days and shall be made available to the City upon request.

(7)

Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition.

(8)

Concealed. A dispensary shall not allow or permit cannabis to be visible from the building exterior.

(9)

Police Notification. A commercial cannabis dispensary shall notify the Chief of Police or his/her designee(s) within twenty-four (24) hours after discovering any of the following:

(i)

Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police or his/her designee(s).

(ii)

Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.

(iii)

The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.

(iv)

Any other breach of security.

(10)

Emergency Contact. A dispensary shall provide the City Manager with the current name and primary and secondary telephone numbers of at least one (1) twenty-four (24) hour on-call manager to address and resolve complaints and to respond to operating problems or concerns associated with the dispensary. The dispensary shall make good faith efforts to encourage neighborhood residents to call this person to solve operating problems, if any, before any calls or complaints are made to the City.

(11)

Weapons and firearms are prohibited on the property, unless legally carried by city-approved security personnel and/or a business owner.

(b)

Security Requirements—All Other Commercial Cannabis Uses. Dispensaries shall include requirements in this section if no similar requirement is listed in subsection (a) above.

(1)

Security Plans. A commercial cannabis business comply with a security plan that is approved by the City Manager, in consultation with the police department, that includes, but is not limited to, building security specifications, lighting, cameras, and alarms to preserve the safety of persons and to protect the business from theft, including employee theft. The plan shall include storage and transportation information, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The plan should also include bollards where necessary to prevent vehicle entrance into the facility.

(2)

A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may

otherwise be determined by the Chief of Police or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:

(i)

Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.

(ii)

Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

(iii)

Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

(iv)

Installing twenty-four (24) hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s). Video recordings shall be maintained for a minimum of forty-five (45) days, and shall be made available to the Chief of Police or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

(v)

Sensors shall be installed to detect entry and exit from all secure areas.

(vi)

Panic buttons shall be installed in all commercial cannabis businesses.

(vii)

Having a professionally installed, maintained, and monitored alarm system.

(viii)

Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.

(ix)

Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

(x)

Each commercial cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the Chief of Police or his/her designee(s) regarding any security-related measures or/and operational issues.

(xi)

The commercial cannabis business shall cooperate with the City whenever the Chief of Police or his/her designee(s) makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this title.

(xii)

A commercial cannabis business shall notify the Chief of Police or his/her designee(s) within twenty-four (24) hours after discovering any of the following:

(A)

Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police or his/her designee(s).

(B)

Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.

(C)

The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.

(D)

Any other breach of security.

(3)

Weapons and firearms are prohibited on the property, unless legally carried by city-approved security personnel and/or a business owner.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

10-3.707 - Development and Operational Standards.

(a)

Building Requirements. All structures used in commercial cannabis uses shall be located in structures designed for that occupancy, per MMC Chapter 1, Article 9 of Title 9 and shall comply with all applicable sections of the Modesto Municipal Code. Commercial cannabis uses that provide access to the public including, but not limited to, employees, vendors, contractors, business partners, members, customers or patients shall meet Modesto Municipal Code and state requirements for accessibility including accessible parking, accessible path of travel, restrooms, and washing facilities.

(b)

Emissions Control. All commercial cannabis uses shall utilize appropriate measures in construction and, where applicable, operations to prevent the emissions of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.

(c)

Hours of Operation. Hours of operation for commercial cannabis uses may be established in permit conditions.

(d)

Odor Control and Ventilation. Commercial cannabis uses shall comply with all current and future State laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this article. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent and nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls for odor, humidity, and mold. Conditions of approval may include a schedule related to changing filters.

(e)

Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light cultivation operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

(f)

Runoff and Stormwater Control. Runoff containing sediment, or other waste or by-products, shall not be allowed to drain to the storm drain system, waterways, or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a Stormwater Management Plan and an Erosion and Sediment Control Plan, approved by the City. The plan must include best management practices for erosion control during and after construction, and permanent drainage and erosion control measures pursuant to City requirements.

(g)

Energy Use. Use of renewable resources for indoor cultivation and mixed light operations is encouraged, and the City's Commercial Cannabis permit application procedures may award credit for use of renewable resources.

(h)

All outdoor and mixed light cultivation sites shall be screened by vegetation and fenced with locking gates consistent with height limitations of the base zoning district to screen cultivation operations from public view. Fencing shall be consistent with the surrounding area and shall not diminish the visual quality of the site or surrounding area. Razor wire, chain-link, and similar fencing shall not be permitted.

(i)

Required Signage. The following signs, in measurements of not less than eight by ten (8x10) inches, shall be clearly and legibly posted in a conspicuous location inside the dispensary where they will be visible to customers in the normal course of a transaction, stating:

(1)

"The sale of cannabis without a state license and local permit is illegal."

(2)

"Smoking cannabis on this property, within twenty (20) feet of the dispensary, or in any public place is illegal under California law."

(3)

For medical cannabis dispensaries: "No one under the age of eighteen (18) shall be allowed on the premises, unless they are a qualified patient or a primary caregiver."

(4)

For nonmedical cannabis dispensaries: "No one under the age of twenty-one (21) shall be allowed on the premises."

(5)

For all cannabis dispensaries: "This business is under surveillance accessible by the Modesto Police Department."

(j)

Record keeping, audits, and inspections. All commercial cannabis permit holders must comply with any and all record keeping, audit, and inspection requirements of the city's cannabis business tax ordinance. The following requirements shall also apply:

(1)

As part of the permitting process, the cannabis permit holder shall provide written consent for the inspection and copying by the City of any recordings and records required to be maintained under this chapter without the requirement of a search warrant, subpoena, or court order.

(2)

As part of the permitting process, the cannabis permit holder shall provide written consent for the inspection of the location and premises by the City at any time and without notice during hours of operation and at any other time upon reasonable notice, without the requirement of a search warrant or court order.

(3)

Records from at least the prior five (5) years to be maintained by all permit holders include, but are not limited to:

(i)

Name, birth date, and telephone numbers for all managers and staff at the business, as well as hire date and the nature of each staff member's role;

(ii)

A written accounting of all income and expenditures of the business, including all cash and in-kind transactions;

(iii)

All retail sales transaction information for at least the five (5) prior years;

(iv)

"Seed to sale" track and trace documentation that produces historical transactional data for all cannabis and cannabis products received and at and taken from the premises; and

(v)

Copies of all insurance policies, including the commercial general liability policy.

(4)

At the request of the City Manager, all records required by this section shall be made available in standard electronic format which shall be compatible with Microsoft Office programs and which can easily be imported into either Excel, Access, or any other contemporary software program designated by the City Manager.

(k)

No cannabis or cannabis products shall be consumed on the premises of any commercial cannabis business.

(Ord. No. 3684-C.S., § 4, effective 2-15-18; Ord. No. 3720-C.S., § 5, effective 10-22-20)

(a)

Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, run off or wastes.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

(a)

Commercial cannabis uses shall comply with additional taxes that may be enacted by the voters or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

(a)

All employees of commercial cannabis businesses must be at least twenty-one (21) years of age.

(b)

All employees of commercial cannabis businesses shall be subject to background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with felony convictions, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code. Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.

(c)

Each owner or operator of a commercial cannabis business shall maintain onsite a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the Chief of Police, designee, or any other City official authorized to enforce the Modesto Municipal Code for purposes of determining compliance with this article.

(d)

The Police Chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business, must obtain a work permit from the City of Modesto.

(1)

At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is working and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers.

(2)

The Police Chief may establish a fee for the cost of issuing such permit.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

The following standards and regulations apply to all commercial cannabis uses:

(a)

Weights and measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

(b)

Tracking. Commercial cannabis operators shall comply with any track and trace program established by the City or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the City upon request. The City Manager may require commercial cannabis operators to comply with a County track and trace system if deemed appropriate.

(c)

Inspections. Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including but not limited to, the Departments of Health Services, Agriculture/Weights & Measures, the Modesto Police Department and City Management. Cannabis operations shall be inspected at random times for conformance with the Modesto Municipal Code and permit requirements. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the cannabis operation to immediately cease operations.

(d)

Restrictions on alcohol sales and consumption. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis business

(e)

Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this article shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Modesto, the Modesto City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, actions, claims, demands,

litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "action") against the City to attack, set aside, void or annul, any cannabis-related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable legal costs and attorneys' fees. Permittees shall be required to agree to the above obligations in writing.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

(a)

Violations.

(1)

Any activity performed contrary to the provisions of this article is hereby declared to be a public nuisance.

(2)

Any violation of a term, condition, or the approved plans and specifications of any permit issued pursuant to this article shall constitute a violation.

(3)

Each and every day during any portion of which any violation is committed, continued, or allowed to continue shall be a separate offense.

(b)

Remedies. In addition to the revocation and suspension provisions in this article and any all available remedies under the law, the following remedies shall be available to the City or other enforcement agency regarding violations of this article.

(1)

Administrative enforcement pursuant to this Municipal Code.

(2)

Civil enforcement pursuant to this Municipal Code.

(3)

Criminal enforcement if allowed under State law.

(c)

City Council may, by Resolution, adopt specific fines, fees, costs, and penalty amounts for violations and enforcement costs related to this article. Fines, fees, costs, and penalty amounts within Modesto Municipal Code Sections 1-6.305 and 1-6.306 may be applied in the absence of a council approved resolution establishing specific amounts related to this article.

(d)

In any enforcement action brought pursuant to this article, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful cannabis use shall be liable for all costs incurred by the City, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible person to undertake, any abatement action in compliance with the requirements of this section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney's fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City in the action or proceeding.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)

The City Manager shall have responsibility for administering Cannabis Delivery Permits in the City of Modesto. All cannabis delivery services, and the retail businesses that control them, shall as an express condition of any delivery permit issued by the City of Modesto remain in compliance with all applicable state regulations contained in Sections 5415 through 5421 of Title 16, Division 42 of the California Code of Regulations.

(a)

Operating Requirements for Retail Businesses Operating Delivery Services Within the City Limits. Prior to commencing operations, any licensed commercial cannabis retail operation conducting deliveries within the City of Modesto shall comply with the following requirements:

(1)

Obtain from the City Manager a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers.

(2)

Provide the City Manager, with evidence of a valid state license for a commercial cannabis retail business on whose authorization the delivery service is performing the delivery function.

(3)

Provide the City Manager the year, make, model, license plate number, and Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis or cannabis goods.

(4)

Provide the City Manager proof of ownership or a valid lease for all vehicles that will be used to deliver cannabis or cannabis goods.

(5)

Provide the City Manager proof of insurance coverage for all vehicles that will be used to deliver cannabis or cannabis goods.

(6)

Provide the City Manager with evidence of the completion of criminal background checks for all delivery drivers, as required by Section 10-3.710.

(7)

Provide the City Manager with written notice of any changes in the composition of its delivery vehicle fleet within thirty (30) calendar days.

(b)

Identity and Age Verification of Customers. Commercial cannabis retail operations and their delivery employee drivers are required to verify the identity and age of each customer via necessary documentation. In the case of medical customers, drivers must verify that the customer is not under the age of eighteen (18) years, and that the potential customer has a valid doctor's recommendation. Doctor recommendations are not to be obtained or provided at the retail location. In the case of recreational or adult use customer, drivers must verify that the customer is not under the age of twenty-one (21).

(c)

Permissible Delivery Locations and Times. Cannabis delivery businesses permitted to engage in delivery of cannabis and cannabis products within the City of Modesto are subject to the following requirements:

(1)

A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.

(2)

Cannabis deliveries shall be limited to the hours of 8:00 a.m. to 8:00 p.m. unless otherwise specified in writing by the City Manager.

(d)

Delivery Facilitated by kiosk or other technology platform. Any delivery by kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be in violation of this chapter.

(e)

Delivery Vehicles: Compliance with State Regulations. All delivery vehicles delivering cannabis and cannabis products to locations within the City of Modesto shall comply at all times with the signage and security requirements contained in Title 16, Division 42, Section 5417 of the California Code of Regulations.

(f)

Revocation and Suspension of Delivery Permits. Once issued, any commercial cannabis delivery permit may be revoked by the City Manager for failure to comply with any of the provisions of this Article, or for any of the reasons enumerated in Section 10-3.705.

(g)

Promulgation of Regulations, Standards, and other Legal Duties.

(1)

In addition to any regulations adopted by the City Council, the City Manager or his/her designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis delivery permits, the ongoing operation of commercial cannabis delivery services and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.

(2)

Regulations shall be published on the City's website.

(3)

Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis delivery services and the retail businesses that control them shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager or his/her designee.

(Ord. No. 3720-C.S., § 6, effective 10-22-20)

Article 8. - Smoke Shops

The purpose of this Article is to regulate the locations in the City where Smoke Shops may be established in order to preserve and protect public health, safety, and welfare.

(Ord. No. 3801-C.S., § 3, effective 9-11-25)

(a)

"Existing Smoke Shop" shall mean any Smoke Shop lawfully established with a City business license and all other required permits, licenses, and/or land use entitlements as of October 8, 2024.

(b)

"Hookah Lounge" shall mean a business establishment that qualifies as a smokers' lounge, as defined in California Labor Code section 6404.5(e), and in which the entire premises is dedicated exclusively to the Smoking of Shisha or Shisha Tobacco, and which does not sell Tobacco Products for off-site consumption.

(c)

"Premium Cigar Retailer" shall mean a retailer that sells no tobacco products other than premium cigars and looseleaf tobacco as defined under California Health and Safety Code section 104559.5.

(d)

"Smoke Shop" shall mean a retailer or any person that primarily sells, offers for sale, or offers to exchange for any form of consideration Tobacco Products and/or Tobacco Paraphernalia. A retailer or person who is primarily engaged in such activities includes, but is not limited to, a retailer or person that has fifteen (15) percent or more of the square feet in the establishment, or more than fifteen (15) linear feet of display area projected to the floor (whether contiguous or non-contiguous), used for the sale, distribution, delivery, furnishing, marketing display, or storage of Tobacco Products or Tobacco Paraphernalia. Smoke Shop, for purposes of this Article, does not include a Premium Cigar Retailer, Hookah Lounge, or establishments operating as a Cannabis Dispensary under Title 10, Chapter 3, Article 7. Nothing herein is intended to permit a Premium Cigar Retailer, Hookah Lounge, or Cannabis Dispensary, except as otherwise authorized by Title 10 of this Code.

(e)

"Smoke Shop Permit" shall mean a permit to operate a Smoke Shop issued by the Chief of Police pursuant to Chapter 4-24 of the Modesto Municipal Code.

(f)

"Tobacco Paraphernalia" shall mean any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting cannabis or and any controlled substance. Tobacco paraphernalia includes, but is not limited to, all of the following: (i) metal, ivory, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured bowls; (ii) water pipes; (iii) bongs; (iv) chillums; (v) ice pipes or chillers; (vi) cigarette papers or wrappers; (vii) cigarette rolling machines; (viii) blunt wraps, as defined in Section 308 of the Penal Code; (ix) hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; and (x) any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah. Tobacco Paraphernalia shall include any component, part, or accessory of the foregoing, whether or not sold separately.

(g)

"Tobacco Product" shall mean any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah (with or without flavoring), cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, or vaping accessories. Tobacco Product shall include any component, part, or accessory of the foregoing, whether or not sold separately. Tobacco Product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes, where the product is marketed and solely for such an approved purpose.

(h)

"Youth facility or center" shall have the same meaning as in Health and Safety Code section 11353.1, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. No. 3801-C.S., § 3, effective 9-11-25)

(a)

Smoke Shops are permitted in the zones identified in Table 3.8-1 and prohibited in all other zones.

(b)

Additionally, the following location and proximity requirements shall apply:

(1)

No Smoke Shop shall be located within one thousand (1,000) feet, as measured from the nearest property lines, of the following locations:

(i)

A public or private State-licensed or accredited school providing instruction to students in kindergarten or any grades 1 through 12;

(ii)

State-licensed childcare center;

(iii)

Public park, playground, or recreational area, including a trail that is immediately adjacent to a public park or public library;

(iv)

Youth facility or center; or

(v)

An alcohol or other drug abuse recovery or treatment facility.

(2)

No Smoke Shop use shall be located within one thousand (1,000) feet of any Commercial Cannabis Uses or another Smoke Shop, as measured from the nearest property lines.

(3)

No Smoke Shop use shall be located within one hundred (100) feet of any residential use; this distance shall be measured from any building or structure containing a Smoke Shop use to an existing residential structure used for residential purposes.

(4)

Smoke Shops are prohibited in the Downtown Cannabis Prohibition Overlay, regardless of a property's zoning designation. The Downtown Cannabis Prohibition Overlay is that area shown in Figure 3.7.1 under Title 10, Chapter 3, Article 7 of this Code, and further described as the area including all properties that front either side of or are within the area bound by the following streets: Kansas Avenue, from Highway 99 to 9th Street; Needham Street; Downey Avenue, from McHenry Avenue to Burney Street; Burney Street, from Downey Avenue to Jennie Street; D Street, from Jennie Street to Highway 99; and the area fronting Highway 99 within the boundary. If any parcel is partially within the Downtown Cannabis Prohibition Overlay, Smoke Shops shall be prohibited on the entire parcel.

(Ord. No. 3801-C.S., § 3, effective 9-11-25)

(a)

All Smoke Shops permitted by Section 10.3.803 must, prior to establishing and operating any such Smoke Shop use, obtain and maintain at all times a valid Smoke Shop Permit from the City pursuant to Chapter 4- 24 of the Modesto Municipal Code.

(Ord. No. 3801-C.S., § 3, effective 9-11-25)

(a)

Notwithstanding Section 10-3.803, any existing and lawfully operating Smoke Shop that holds a City business license and all other required permits, licenses, and/or land use entitlements as of October 8, 2024, may continue to lawfully operate subject to the requirements of this Section.

(b)

All Existing Smoke Shop shall apply for a Smoke Shop Permit pursuant to Chapter 4-24 of the Modesto Municipal Code and comply with all related requirements no later than November 14, 2025. An Existing Smoke Shop that fails to timely obtain a Smoke Shop Permit and comply with all related requirements shall cease to be an Existing Smoke Shop under Subsection (a) and shall be subject to all requirements of Section 10-3.803.

(c)

Notwithstanding anything in Section 10-3.502, "nonconforming uses," to the contrary, any Existing Smoke Shop that ceases to operate for a period of sixty (60) consecutive days shall be discontinued, except that the Director of Community Economic and Development may extend this period by ninety (90) days if the Director determines that the cessation of the business is due to a cause outside of the preexisting Smoke Shop's reasonable control, such as a natural disaster or declared emergency.

(d)

Notwithstanding anything in Section 10-3.502, "nonconforming uses," to the contrary, an Existing Smoke Shop shall not expand the square footage of the establishment or display area dedicated to tobacco products or tobacco paraphernalia as of July 22, 2025, without first complying with Section 10-3.803.

(Ord. No. 3801-C.S., § 3, effective 9-11-25)

Chapter 4 - DEVELOPMENT STANDARDS Article 1. - Residential Zones (R-1, R-2, R-3)

(a)

The Purpose of the Residential Zoning Districts is to ensure that development will result in neighborhoods of stable, desirable character that are well integrated within the fabric of the City, and that are consistent with the goals, objectives and policies of the General Plan. The development regulations contained herein are further established to:

(1)

Implement General Plan policy by facilitating residential development and neighborhoods throughout appropriate portions of the City;

(2)

Encourage the continued vitality of existing neighborhoods and, where appropriate, encourage the revitalization of neighborhoods through use of appropriate standards and incentives;

(3)

Preserve a high degree of compatibility between adjacent residential uses, and between residential and adjacent non-residential uses;

(4)

Ensure adequate light, air, privacy and open space for Residential uses;

(5)

Encourage a wide variety of residential product types and densities that meet the diverse economic and social needs of all residents;

(6)

Implement the policies of the Housing Element of the General Plan by providing areas specifically for the purpose of medium and medium high density multi-family residential housing.

(b)

The Intent of each Residential Zoning District is as follows:

(1)

The R-1 (Low-Density Residential) zoning district is intended to accommodate lower-density residential development, including accessory structures and uses;

(2)

The R-2 (Medium-Density Residential) zoning district is intended to accommodate medium-density residential development, including accessory uses and structures; and,

(3)

The R-3 (Medium-High-Density Residential) zoning district is intended to accommodate relatively higherdensity residential development, including accessory structures and uses.

The development standards for the residential zones are found in Table 4.1-1. The specific residential development standards provided after the table apply to all residential zones unless otherwise specified.

Table 4.1-1 Residential Development Standards

LOT REQUIREMENTS

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3762-C.S., § 1, effective 5-11-23; Ord. No. 3787-C.S. , § 1, effective 1-2-25)

(a)

In the R-1 zone, a larger minimum lot area may be required where necessary to maintain compatibility with the existing lots of an established neighborhood, in accordance with the Neighborhood Compatibility Guidelines.

(a)

In the R-1 zone, there shall be a maximum density of 10.9 dwelling units per net acre.

(b)

In the R-2 zone, there shall be a minimum density of 10.9 dwelling units per net acre, and a maximum density of twenty-two (22) dwelling units per net acre.

(c)

In the R-3 zone, there shall be a minimum density of 22 units per net acre, and a maximum density of fortyfive (45) dwelling units per net acre.

(d)

In the R-2 and R-3 zones, the minimum density shall be provided unless the applicant demonstrates and the Director makes the following findings:

(1)

The proposed development is on an existing lot where the lot cannot accommodate a development of the minimum density due to configuration of existing buildings or shape or size of the lot, or

(2)

A lower density will not adversely affect the City's ability to accommodate and provide its remaining share of the Regional Housing Needs Allocation for very-low and low-income households based on the remaining acreage of Medium Density Residential (R-2) or Medium-High Density Residential (R-3) zoned land at the time of application, provided, that if an adverse impact as described could otherwise occur, that such impact will be mitigated by one (1) of the following means:

(i)

An equivalent parcel of land of the same or greater acreage is provided by the applicant and rezoned to the same or greater density simultaneously, or

(ii)

The applicant agrees to construct and covenant for affordable units on the subject site or another site in a number sufficient to ensure no net loss of units based on the minimum density set forth herein.

(Ord. No. 3734-C.S., § 1, effective 10-7-21; Ord. No. 3797-C.S, § 5, effective 6-24-25)

(a)

Interior lot width may be reduced to a minimum of forty (40) feet in the R-1 zone and a minimum of fifty (50) in the R-2 and R-3 zones at the front lot line where the front lot line is curved (i.e. lots on cul-de-sacs, elbows, or curvilinear streets), but the minimum width from the front setback line to the rear lot line shall be fifty (50) feet in the R-1 zone (See Figure 4.1-1) and a minimum of sixty (60) in the R-2 and R-3 zones. See Figure 4.1-1. The lot width may also be reduced as allowed in subsection (c) of this section.

(b)

Corner lot width may be reduced to a minimum of fifty (50) feet at the front lot line in the R-1 zone for lots on non-perpendicular intersections or when the front lot line is curved, but the minimum width from the front setback line to the rear lot line shall be sixty (60) feet. See Figure 4.1-2.

(c)

Flag lots with a minimum width of twenty (20) feet at both the front lot line and front yard setback line may be approved with two (2) findings:

(1)

Creation of the lot(s) will enable use of an existing parcel to permitted density.

(2)

The existing parcel is of a size and shape that does not allow the creation of standard shaped lots, as determined in accordance with the Neighborhood Compatibility Guidelines.

(d)

No building permit shall be issued for a lot approved under subsection (c) above without a recorded subdivision or parcel map.

Figure 4.1-1 Figure 4.1-2

==> picture [216 x 206] intentionally omitted <==

==> picture [216 x 212] intentionally omitted <==

(a)

On through lots, buildings shall maintain the minimum required front setback on both frontages.

(b)

Front yard areas shall be unobstructed with the exception of landscaping unless otherwise provided by this Title.

(c)

A trash enclosure up to fifty-two (52) inches in height screening individual cans may be permitted in the front or street side setback where there is no practical alternative, subject to the approval of the Director. Such enclosures shall be located as far from the front or street side property line as feasible and shall fully screen the trash cans.

(d)

On corner lots legally created prior to July 7, 1955, the minimum street side setback for a dwelling, accessory building, or fencing is seven and one-half (7.5) feet.

(a)

In the R-1 zone, a minimum ten (10) foot setback shall be required for two-story portions of a new dwelling or second-story additions to an existing dwelling where located adjacent to an existing single-story dwelling, and subject to development plan review pursuant to Section 10-4.110. The ten (10) foot setback does not apply where the subject lot and adjacent lot were created by a final map within the past ten (10) years. The required ten (10) foot setback may be reduced to a minimum of five (5) feet if it can be demonstrated that the additional setback is infeasible due to physical constraints and that the reduced setback is consistent with the Neighborhood Compatibility Guidelines as determined by the Director.

(b)

Use of a side yard by an adjacent property owner is permitted only in subdivisions where a permanent side yard use easement is granted from one (1) parcel to the adjacent parcel creating a de facto zero lot line subdivision. An example of a de facto zero lot line subdivision is Walnut Tree Estates, located at Walnut Tree Drive and Merle Avenue, the final map for which was filed on May 20, 1981, in Volume 29 of Maps, Page 90, Stanislaus County Records, the special provisions for permanent use of the side yard which were specified in Ord. No. 2286-C.S. approved on September 4, 1984.

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3787-C.S. , § 2, effective 1-2-25)

(a)

The minimum rear setback shall be fifteen (15) foot for any building that backs up to a Major Collector, Arterial Street or Expressway.

(b)

The minimum rear setback shall be five (5) feet for any garage, carport, or parking space with access off an alley. The garage or carport may be detached or attached.

(c)

The minimum rear setback for patio covers opened on three sides shall be five (5) feet, except where the lot backs up to a Major Collector, Arterial Street or Expressway, where the setback shall be ten (10) feet.

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3787-C.S., § 2, effective 1-2-25)

10-4.109 - Height.

(a)

Exceeding the maximum height may be permitted by a conditional use permit for structures occupied by the following uses: church, building or facility operated by a governmental agency, building or facility operated by a utility company. See Section 10-4.401 for height exceptions.

(b)

In the R-2 and R-3 zones, all proposed uses or development involving structures which include a secondstory component that are subject to development plan review shall be evaluated for compliance with the Multi-Family Residential Design Guidelines and the Neighborhood Compatibility Guidelines.

The following regulations apply to lots located in the R-1 zone and to lots in R-2 and R-3 zones adjacent to the R-1 zone:

(a)

All new two-story dwellings and accessory buildings, and all second-story additions to an existing dwelling, balcony, or accessory building, including exterior alterations (such as a new window) to second-story portions of an existing dwelling or accessory building, shall be subject to development plan review by the Director pursuant to Chapter 9, Article 10, for compliance with the Neighborhood Compatibility Guidelines as adopted and amended from time to time by City Council. A proposed project shall be subject to secondstory development plan review if the proposed project has any of the following characteristics, as determined by the Director:

(1)

The height above grade to top plate line is at any point equivalent to two-stories or sixteen (16) feet or more.

(2)

Windows or balconies are provided at a height from which views of a neighboring rear yard and actively used side yard areas are readily visible.

(b)

Notwithstanding Section 10-4.110(a), above, projects that meet the following criteria are exempt from second-story development plan review.

(1)

The subject lot and adjacent residential lots were created by (a) final subdivision map(s) recorded within the past ten (10) years. The term "adjacent residential lot" in this subsection means each lot zoned or used residentially that share a common property line or is separated by an alley including those which touch only at a corner. See Figure 4.1-3. This may include additional lots if deemed appropriate by the Director.

(2)

The proposed second story addition, two-story dwelling, or accessory building will have minimal impact on the privacy and use of neighboring rear yard areas and building massing is consistent with the neighboring dwellings, as determined by the Director.

(3)

At least 50 percent of the adjacent lots (see Figure 4.1-4) are occupied by two-story houses.

(c)

In the R-2 and R-3 zones, any development of multiple family dwellings adjacent to property zoned R-1 that exceeds one (1) story shall be subject to development plan review by the Director in accordance with Section 10-4.110 (a), except as specifically excepted therein.

Figure 4.1-4

==> picture [177 x 241] intentionally omitted <==

(Ord. No. 3704-C.S., effective 11-7-2019)

Every lot shall have frontage on a street.

If a dwelling(s) is added to a lot with an existing dwelling(s), the existing dwelling(s) shall comply with the Building and Maintenance code prior to occupancy of the additional dwelling(s). The main unit is exempt from this requirement if the added dwelling(s) is an accessory dwelling unit or junior accessory dwelling unit.

(Ord. No. 3722-C.S., § 2, effective 11-5-20)

10-4.113 - Design.

When considering any building permit or administrative approval, development plan review, conditional use permit, or similar application the Director, Board or Commission, as applicable, shall apply the principles and specifications of the adopted Design Guidelines to the proposed project.

The following regulations provided in Table 4.1-2 apply to accessory buildings in the R-1 Zone or any residential zone where the lot contains only an existing single-family dwelling (SFD). These regulations do not apply to ADUs:

Table 4.1-2 Accessory Buildings Development Standards

(Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3787-C.S., § 3, effective 1-2-25)

Editor's note— Ord. No. 3762-C.S., § 2, effective May 11, 2023, repealed § 10-4.115, which pertained to accessory dwelling units and derived from Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 2, effective 11-5-20; Ord. No. 3734-C.S., § 1, effective 10-7-21.

Editor's note— Ord. No. 3762-C.S., § 2, effective May 11, 2023, repealed § 10-4.116, which pertained to parking, accessory dwelling units and derived from Ord. No. 3722-C.S., § 3, effective 11-5-20.

Article 2. - Commercial Zones (P-O, C-1, C-2, C-3)

(a)

The Purpose of the Commercial Zoning Districts is to ensure that a variety of goods and services will be available to consumers, that development will be compatible with surrounding land uses and zoning, and that commercial development will be consistent with the goals, objectives and policies of the General Plan. The development regulations contained herein are further established to:

(1)

Implement General plan policy by facilitating commercial development at strategic and appropriate locations;

(2)

Provide opportunities for well-designed office development in appropriate locations, such as between residential and non-residential uses to provide a buffer;

(3)

Reserve certain areas of the City consistent with the General Plan, that allow the full range of retail uses, business and professional offices, and personal and business services, scaled to meet the needs of customers from both within and from outside the City;

(4)

Establish appropriate standards meant to facilitate compatibility between nearby residential and nonresidential land uses, helping to foster neighborhood cohesion and reducing the need for vehicle trips to obtain goods and services;

(5)

Encourage functional and attractive office and commercial development at strategic locations throughout the City consistent with the General Plan;

(6)

Ensure that commercial development provides adequate on-site parking, accessibility, loading and landscaping; and,

(7)

Provide a strong economic and financial base and to increase employment opportunities.

(b)

The Intent of each Commercial Zoning District is as follows:

(1)

The P-O (Professional Office) zoning district is intended to provide appropriate sites for administrative, professional and business service offices that can also be used as a buffer between residential areas and more intense commercial uses and districts;

(2)

The C-1 (Neighborhood Commercial) zoning district is intended to allow commercial development typically found in neighborhood shopping centers serving the day-to-day shopping and service needs of local residents;

(3)

The C-2 (General Commercial) zoning district is intended to accommodate the full range of retail stores, offices and service establishments across the City, in appropriate locations and with appropriate access; and,

(4)

The C-3 (Highway Commercial) zoning district is intended to allow sites for highway-oriented businesses and transportation-related service establishments, which serve City-wide and regional needs.

The development standards for the commercial zones are found in Table 4.2-1. The specific commercial development standards provided after the table apply to all commercial zones unless otherwise specified.

Table 4.2-1 Commercial Development Standards

When adjacent to property zoned R-1, R-2, R-3, or residential P-D zones in the City or County the following setbacks apply:

(a)

In the C-1, C-2, and C-3 zones, the minimum building side and rear setback shall be ten (10) percent of lot width for side setback and lot depth for rear setback with a minimum of ten (10) feet for the first story and twenty (20) feet for the second story, and a maximum of forty (40) feet.

(b)

If a public alley separates C-1, C-2, or C-3 property from the adjacent residential zone, the alley width may be counted as part of the setback, but no parking or driveways shall be permitted off the alley.

(c)

In the C-1, C-2, and C-3 zones, residential development shall have side and rear setbacks as required in the R-2 and R-3 zones.

(d)

In the P-O zone, if a legally existing lot has less than the required lot width, the side setbacks shall each be a minimum of ten (10) percent of the lot width, except that for lots adjacent to residentially zoned property as noted above, the minimum setback for any second-story portion shall be twenty (20) feet. In no case shall an interior lot side setback be less than three (3) feet and a street side setback be less than seven and one-half (7.5) feet.

(a)

Driveways and Accessways.

(1)

Joint use of driveways and accessways, between adjacent parcels, shall be encouraged to minimize driveways on the arterial street.

When considering any building permit or administrative approval, development plan review, conditional use permit, or similar application the Director, Board or Commission, as applicable, shall apply the principles and specifications of the adopted Design Guidelines to the proposed project.

Article 3. - Industrial Zones (C-M, M-1, M-2)

(a)

The Purpose of the Industrial Zoning Districts is to ensure that opportunities exist for development of industry, job creation and economic growth, consistent with the goals, objectives and policies of the General Plan. The development regulations contained herein are further established to:

(1)

Reserve appropriate areas in the community consistent with the General Plan for a full range of industrial uses, grouped in such a manner to achieve compatibility with respect to the characteristics of the various types of industrial activities and processes;

(2)

Strengthen the City's economic base and to increase employment opportunities for residents of the City and surrounding areas;

(3)

Encourage the development of a variety of industrial uses in a manner that is consistent with standards of public health and safety;

(4)

Allow certain types of light industrial uses that are relatively free of nuisance or hazardous features that may be located in areas nearer to residential, office, and commercial areas, while providing land area for industrial uses with more severe impacts in locations farther from other use types; and,

(5)

Protect areas appropriate for industrial development from intrusion by residences and other potentially incompatible uses.

(b)

The Intent of each Industrial Zone District is as follows:

(1)

The C-M Zone is intended to promote, facilitate and maintain land use compatibility by providing land area to accommodate specified commercial and light industrial uses not otherwise permitted in the commercial zoning districts;

(2)

The M-1 Zone is intended to accommodate light industrial, assembly, storage, warehouse and similar uses in terms of industrial activity, all of which may be located relatively near residential areas without causing adverse impacts; and,

(3)

The M-2 Zone is intended to provide suitable sites for a wide range of industrial, manufacturing, business park and other similar uses that are further from non-industrial and potentially incompatible uses.

The development standards for the industrial zones are found in Table 4.3-1. The specific industrial development standards provided after the table apply to all industrial zones unless otherwise specified.

Table 4.3-1 Industrial Development Standards

When adjacent to property zoned R-1, R-2, R-3, or residential P-D zones in the City or County the following setbacks apply:

(a)

In the C-M, M-1, and M-2 zones, the minimum building side and rear setback shall be ten (10) percent of lot width for side setback and lot depth for rear setback with a minimum of ten (10) feet for the first story and twenty (20) feet for the second story and a maximum of forty (40) feet. Uncovered parking spaces are exempt from this setback except along a side street.

(b)

If a public alley separates C-M, M-1, or M-2 property from the adjacent residential zones, the alley width may be counted as part of the setback, but no parking or driveways shall be permitted off the alley.

In the M-1 and M-2 zones, there are no limitations on the height of structures except as contained in the Airport Zone, or when adjacent to a Residential zone.

When considering any building permit or administrative approval, development plan review, conditional use permit, or similar application the Director, Board or Commission, as applicable, shall apply the principles and specifications of the adopted Design Guidelines to the proposed project.

Article 4. - General Development Standards

The following general development standards apply to all zones unless otherwise specified. Where conflict between standards occur, the standards in this article apply.

The following are exceptions to the height limits required by this chapter:

(a)

Roof structures or equipment required to operate and maintain a building such as chimneys, elevator housings, mechanical equipments, stairways, vents, or similar equipment or structures may exceed the height limits as limited by the California Building Codes (CBC) or by ten (10) feet, whichever is less. In the event of a conflict the CBC requirement controls.

(b)

Architectural features of a building such as towers, spires, cupolas, and flag poles may be erected to a height up to twenty-five (25) percent above the height limit, or no more than ten (10) feet above the height limit, whichever is less.

(c)

Public and utility facilities such as water towers, city owned and operated communication facilities, transmission and distribution poles and towers for public utilities are not subject to the height limits of this chapter.

(d)

Height regulations for roof mounted wireless communication facilities are provided in Section 10-3.406c.

(e)

Any request for a height greater than provided in this section may be considered with a conditional use permit from the Board.

(a)

Landscape Plans and Maintenance. Whenever landscaping or a landscape plan is required by this Code or as a condition of a zone, variance, use permit, development plan review or similar action, landscape and irrigation system design and plan specifications as determined by the Parks, Recreation, and Neighborhoods Director shall apply. Landscaping and irrigation systems shall be installed and maintained in accordance with the approved plans. Whenever "screen landscaping" is specified in conditions or on approved plans, such landscaping shall be selected to create and maintain a view obscuring "plant mass" at least fifteen (15) feet high within five (5) years.

(a)

Automobile-Oriented Structures. Notwithstanding any other provisions in this Title, no building or structure that serves automobiles or automobile occupants, such as gasoline-dispensing facilities, air- and waterdispensing facilities, and drive-up windows, shall be closer than ten (10) feet from any property line or fifteen (15) feet from any other building or structure. A canopy or extended roof may extend to the setback lines as permitted by the California Building Code.

(b)

Building Across Property Line. When a building crosses a property line, the two (2) lots shall constitute a single building site and required side and rear setbacks shall not apply to the common boundary.

(c)

Projections into Setbacks.

(1)

Eaves and awnings and other ornamental architectural features may project into a required setback as permitted by the California Building Code.

(2)

Chimneys may project into a required setback a maximum of two (2) feet.

(3)

Ground-mounted air conditioners may encroach into a minimum five-foot side setback provided there remains a net two-foot clear adjoining passageway and only if there is maintained a clear minimum thirtytwo-inch wide passageway on the alternate gated side yard.

(a)

In zones requiring a front setback, there shall be a clear vision triangle on all corner lots. The triangle is an area bounded by the front and street-side property lines and a line connecting them twenty-five (25) feet from their intersection. Within the triangle, the area between three (3) and eight (8) feet in height measured from the top of the curb adjacent to the front yard shall be clear. Trees may penetrate the clear area as long as there are no branches lower than eight (8) feet and the trunk does not constitute a hazard to vehicular or pedestrian traffic as determined by the Traffic Engineer. If no curb exists, the City Engineer shall establish curb grade.

(b)

In addition to obstructions in subsection (a) of this section above, the Traffic Engineer may require the removal of landscaping or structures on any lot which in his/her opinion constitute a hazard to vehicular or pedestrian traffic.

(a)

Outdoor Storage and Loading Areas.

All outdoor storage and loading areas shall be screened from public view using a variety of methods including walls, fences, landscaping, and building and site design as determined by the Director.

(a)

Purpose. The purpose of this section is to establish regulations governing the location and maximum height of wall and fences within all zoning districts in order to help maintain compatibility between dissimilar uses.

(b)

Location and Maximum Height.

(1)

No wall or fence shall exceed eight (8) feet in height, unless additional height is required as a condition of a zone, variance, use permit, development plan review, parcel map, subdivision map, noise mitigation, or other similar action.

(2)

No wall or fence shall exceed forty-two (42) inches within the front and street side yard areas. In the R-1 zone, the street side setback required for fences taller than forty-two (42) inches is ten (10) feet.

(3)

Any fence located along the front of any property zoned P-O, C-1, C-2, C-3, C-M, M-1, M-2 or P-D with commercial or industrial underlying zoning, shall meet the applicable front-yard and street-side-yard setback requirements and be constructed of decorative wrought iron or other similar material as authorized by the Director. Any exceptions for existing development may be authorized by the Director.

(4)

All walls and fences shall comply with the clear vision triangle requirements provided in 10-4.404.

(c)

Required Walls and Fences.

(1)

Parcels Abutting Property Zoned R-1, R-2, R-3 and Residential P-D. For zones and uses abutting property zoned R-1, R-2, R-3 and Residential P-D walls and fences shall be required as listed in Table 4.4-1 below (even if the properties are separated by an alley). The Director may grant an exception to this requirement for new development in existing neighborhoods where no other similar walls and fences exist.

(2)

Back-up Lot. A minimum seven (7) foot tall solid decorative masonry wall shall be required along the rear yard property line of any single-family residential lot that backs up to an arterial street or expressway where vehicular access to the street is not allowed.

Table 4.4-1 Fence and Wall Requirements

1 The masonry wall shall be decorative when it is visible from a public street.

2 Six-foot high fence and wall required as a condition for new development shall be subject to a building permit and meet structural standards approved by the Building Official.

(Ord. No. 3681-C.S., § 2(B), effective 1-11-2018; Ord. No. 3734-C.S., § 1, effective 10-7-21)

Article 5. - Accessory Dwelling Units

10-4.501 - Purpose and intent.

This article implements the requirements of Government Code Section 66310 et seq.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

10-4.502 - Accessory Dwelling Units—General.

(a)

Accessory dwelling units (ADUs) may be created in any zone that allows single-family residential, multifamily residential, or mixed-use, or as expressly permitted in this article.

(b)

Junior accessory dwelling units (JADUs) may be created only in zones that allow single-family residential on a lot with an existing or proposed single-family dwelling.

(c)

ADUs and JADUs may only be rented in increments of thirty (30) days or more.

(d)

An ADU includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

(e)

An ADU includes a manufactured home, as defined in section 18007 of the Health and Safety Code.

(f)

These regulations may be applicable to lots zoned for single-family residential uses and built with units in compliance with Senate Bill No. 9 (Chapter 162, Statues of 2021).

(g)

An accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) conforming to the standards of this article shall:

(1)

Be deemed to be an accessory use or accessory building.

(2)

Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot.

(3)

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

(4)

Not be considered to exceed the allowable density for the lot upon which the ADU or JADU is located.

(5)

Except as provided in Government Code Section 66310 et. seq., an accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

10-4.503 - Application Filing, Processing, and Review.

(a)

Ministerial Approval Only. A local agency shall ministerially approve an application for a building permit for an ADU or JADU.

(1)

Timeframe for Review. If there is an existing single-family or multi-family dwelling on the lot, the permitting agency shall either approve or deny the application within sixty (60) days from the date the permitting agency receives the completed application.

(i)

If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

(2)

If the local agency has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved.

(3)

If a building permit for an ADU or JADU is submitted with a permit application for a new single-family or multi-family dwelling on the lot, the permitting agency may delay approval or denial of the ADU or JADU application until the permitting agency either approves or denies the application to create the new singlefamily or multi-family dwelling.

(4)

A demolition permit for a detached garage that will be replaced with an ADU, shall be reviewed with the application for the ADU and issued at the same time.

(i)

Written notice or the posting of a placard for the demolition of a detached garage, per subparagraph (4), above, shall not be required, unless the subject property is located within an architecturally and historically significant historic district, or is listed on a local, statewide, or national register of historically significant structures.

(5)

If the permitting agency denies an application for an ADU or JADU, the permitting agency shall, within the sixty (60) daytime-period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(b)

Fire Sprinklers. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence; and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(c)

An ADU shall not be required to provide a passageway in conjunction with the construction of an ADU.

(d)

An ADU shall not be required, as a condition for ministerial approval, to correct nonconforming zoning conditions.

(e)

Local building code requirements that apply to detached dwellings shall apply to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency make a written finding based on

substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.

(1)

Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

(f)

No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or use permit under this subdivision.

(g)

Fees charged for the construction of accessory dwelling units shall be determined in accordance with Government Code Section 66324, as amended and renumbered from time to time.

(h)

An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity changes for utilities, including water and sewer service, unless the ADU was constructed in conjunction with a new single-family dwelling. The City may require a new or separate utility connection, as well as a corresponding connection fee or capacity charge, in accordance with Government Code Section 66324.

(i)

The City shall not impose any impact fee upon the development of an ADU less than seven hundred fifty (750) square feet in floor area.

(j)

An impact fee charged for an ADU of seven hundred fifty (750) square feet or more in floor area shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(k)

For an ADU of eight hundred (800) square feet or less, lot coverage as shown on Table 4.1-1 (Residential Development Standards) shall not apply.

(Ord. No. 3762-C.S.,§ 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

(a)

Attached. An ADU may be attached to a proposed or existing single-family dwelling or multi-family dwelling.

(b)

Detached. An ADU may be detached (free-standing) from a proposed or existing single-family or multifamily dwelling on a lot, (e.g., a new-construction, detached ADU).

(c)

Converted. An ADU may be located within a proposed or existing single-family dwelling (e.g., an existing attached garage), or other living space to be converted to an ADU (e.g., master bedroom suite); or an existing detached accessory structure to be converted to an ADU.

(1)

For multi-family dwellings, an ADU may be located in areas currently not used for living spaces, (e.g., storage room, laundry room), or in an existing (free-standing) accessory building on the lot.

(d)

Junior ADU (JADU). A JADU is a special type of ADU that is not more than five hundred (500) square feet in size and is contained entirely within the walls of an existing or proposed single-family residence. JADUs may only be created in single-family zones.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

10-4.505 - Number and Type of Accessory Dwelling Units Permitted.

(a)

Lots with a Single-family Dwelling or Duplex. On a lot developed with an existing or proposed single-family dwelling or duplex, an applicant may choose from any of the following ADU types (i.e., attached, detached, converted) or a JADU, or a combination thereof not to exceed two (2) additional units beyond the primary single-family residence.

(1)

An attached (new construction) ADU meeting the requirements of this chapter.

(2)

A detached (new construction) ADU:

(i)

Minimum four (4) foot side and four (4) foot rear yard setbacks are required.

(3)

A converted ADU may be located within an existing single-family dwelling (i.e., in living space to be converted to an ADU, e.g., a master bedroom suite), or within an existing detached accessory structure (e.g., a detached garage).

(i)

The ADU located within an existing or proposed single-family dwelling must have exterior access.

(ii)

The side and rear setbacks of the existing accessory structure to be converted must be sufficient for fire and safety.

(4)

One (1) junior accessory dwelling unit (JADU) is allowed per lot zoned for single-family residential, where there is only one (1) existing or one (1) proposed single-family dwelling.

(i)

Junior accessory dwelling units shall conform to the requirements in Section 10-4.509, below.

(b)

Lots with Multi-family Residential Dwellings.

(1)

Multiple accessory dwelling units are allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageway, attics, basements, or garages, if each unit complies with state building standards for dwellings.

(2)

The number of ADUs shall not exceed twenty-five (25) percent of the existing multi-family units, except that at least one (1) ADU is allowed.

(3)

Not more than two (2) detached ADUs may be added to a lot that has a proposed multi-family dwelling, and not more than eight (8) detached ADUs may be added to a lot that has an existing multi-family dwelling.

(c)

ADUs Developed on a Lot With an Existing or Proposed Place of Worship.

(1)

An ADU may be developed on a lot, meeting the following requirements:

(i)

Zoned Residential or Commercial, and excluding the Industrial Zones (C-M, M-1, and M-2);

(ii)

Developed with an existing or proposed place of worship; and

(iii)

Where the church or place of worship meets the Internal Revenue Service (IRS) requirements for tax exempt status under Internal Revenue Code (IRC) Section 501 (c)(3).

(2)

Not more than two (2) detached ADUs may be built.

(3)

Each ADU may not exceed twelve hundred (1,200) square feet in floor area.

(4)

Each ADU shall meet the required front setbacks of the respective zoning district.

(5)

Each ADU shall meet the required street-side setbacks of the respective zoning district.

(6)

Each ADU shall have a minimum four (4) foot interior side and rear yard setbacks.

(7)

No additional off-street parking is required for the ADUs, if at least one (1) existing off-street parking space is reserved for tenants in each proposed ADU.

(8)

The ADUs shall have a maximum height of sixteen (16) feet.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25; Ord. No. 3787-C.S., § 4, effective 1-2-25; Ord. No. 3797-C.S, § 6, effective 6-24-25)

(a)

Attached ADUs. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary dwelling. For a duplex, the total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary unit or units that the accessory dwelling unit is proposed to be attached to. This limitation shall not preclude development of an attached ADU of up to eight hundred (800) square feet.

(b)

Detached ADUs.

(1)

The total floor area for a detached ADU shall not exceed twelve hundred (1,200) square feet.

(2)

A detached ADU shall not exceed the square footage (in floor area) of the existing or proposed single-family dwelling.

(c)

Converted ADUs.

(1)

When an existing detached accessory structure is converted to an ADU, a maximum one-hundred-fifty (150) square-foot expansion beyond the dimensions of the existing accessory structure is allowed, provided the expansion is used solely for accommodating ingress and egress.

(2)

Any expansion to an existing structure that is nonconforming as to its setbacks, shall provide a minimum four (4) foot interior side yard and four (4) foot rear yard setbacks.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25; Ord. No. 3797-C.S, § 7, effective 6-24-25)

10-4.507 - Accessory Dwelling Unit: Height Limits.

(a)

Lots with a Single-family Dwelling.

(1)

A height limit of sixteen (16) feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family; or

(2)

A height limit of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family dwelling that is within one-half (0.5) of one (1) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 2115 of the Public Resources Code.

(3)

An additional two (2) feet of height is allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling.

(4)

For an ADU that is attached to a primary dwelling, a maximum height of twenty-five (25) feet or the height limitation in the zone that applies to the single-family dwelling, whichever is lower. Notwithstanding the foregoing, an ADU shall not exceed two (2) stories.

(b)

Lots with Multi-family Dwellings.

(1)

A height limit of sixteen (16) feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family dwelling; or

(2)

A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed, multi-family dwelling unit, that is within one-half of one mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 2115 of the Public Resources Code.

(3)

An additional two (2) feet of height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary multi-family dwelling unit.

(4)

A height of eighteen (18) feet on a lot with an existing or proposed multi-family, multi-story, dwelling.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

(a)

No more than one (1) off-street parking space shall be required for an accessory dwelling unit.

(1)

Parking may be tandem in an existing driveway.

(2)

An uncovered off-street parking space, for an accessory dwelling unit, may be located, on a paved surface, in either a required front setback (existing driveway) or (if a lot has alley access) in a required rear setback.

(b)

When a garage, carport, or other covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, the lost off-street

parking is not required to be replaced.

(c)

No parking is required for an ADU or a JADU unit if:

(1)

The unit is within one-half (0.5) mile walking distance of public transit.

(2)

The accessory dwelling unit is within an architecturally and historically significant district.

(3)

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

(4)

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

(5)

When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

(6)

When a permit application for an ADU (in compliance with these requirements) is submitted as part of a permit application to create a new single-family, or new multi-family dwelling on the same lot.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

Editor's note— Ord. No. 3787-C.S., § 4, adopted December 3, 2024, effective 1-2-25, renumbered the former §§ 10-4.508, 10-4.509 as §§ 10-4.509, 10-4.508, respectively and enacted amended §§ 10-4.508, 10-4.509 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

10-4.509 - Junior Accessory Dwelling Units (JADU).

(a)

A junior accessory dwelling unit (JADU) shall be contained within the walls of the existing or proposed single-family residence.

(1)

For the purposes of this section, contained within, a single-family residence includes the conversion of an attached garage.

(b)

A JADU shall not exceed five-hundred (500) square feet in area.

(c)

The JADU shall include a separate entrance from the main entrance to the existing or proposed singlefamily dwelling.

(d)

A (JADU) may include separate sanitation facilities or may share sanitation facilities with the existing singlefamily residence. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(e)

A JADU unit shall have an efficiency kitchen which includes all of the following:

(1)

A cooking facility with appliances;

(2)

A food preparation counter; and

(3)

Storage cabinets of a reasonable size in relation to the size of the JADU.

(f)

Prior to final inspection of a JADU, the property owner shall record a notice of condition (deed restriction), which shall run with the land, specifying that owner shall occupy either the JADU or the remaining portion of the single-family residence at all times, unless the owner is a governmental agency, land trust, or housing organization.

(g)

Prior to final inspection of a JADU, the property owner shall record with the City a deed restriction, which shall run with the land, that shall include both of the following:

(1)

A prohibition on the sale of the JADU unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(2)

A restriction on the size and attributes of the JADU unit that conforms with Government Code Section 66310 et seq.

(h)

A JADU shall not be sold separately from the single-family residence.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

Editor's note— See editor's note at 10-4.508.

10-4.510 - General Development Standards.

(a)

The maintenance of a single-family dwelling appearance is encouraged through means such as:

(1)

For an attached ADU or JADU, locating the second unit entrance to the side or rear of the main building so it is not readily visible from the street.

(2)

Employing construction materials and architectural styles which blend the units so they appear as a single residence (if attached) or as single residence and accessory building, if detached.

(b)

Where a second story accessory dwelling unit (ADU) is built adjacent a rear or side yard of a lot developed with a one (1) story, single-family residential dwelling, any walls of the accessory dwelling unit that could provide unobstructed views of a neighboring rear yard or actively used side yard shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of the second story. This does not apply to a window required by the Building Code to be usable for accessible emergency access. This limitation shall not preclude the development of an ADU.

(c)

The City Council may designate, from time to time, by resolution, areas within which accessory dwelling units will not be permitted due to infrastructure constraints relating to water and sanitary sewer.

(Ord. No. 3762-C.S., efective § 3, effective 5-11-23; Ord. No. 3787-C.S., § 4, effective 1-2-25)

Notwithstanding anything in this article to the contrary, the City shall ministerially approve the types of ADUs specified in Government Code Section 66323.

(Ord. No. 3787-C.S., § 4, effective 1-2-25)

In the event of a conflict between this Code and the requirements of Government Code Section 66310 et seq., as amended and renumbered from time to time, the requirements of State law shall apply.

(Ord. No. 3787-C.S., § 4, effective 1-2-25)

Chapter 5 - PARKING REQUIREMENTS Article 1. - Off-Street Parking Requirements

Every public or private off-street parking area shall be developed and maintained in accordance with the following regulations except as follows:

(a)

None of the regulations shall apply to a building which existed on July 7, 1955, except as additional parking demand is created by expansion, reconstruction or change in use. If such a building, though, has off-street parking, the number of spaces shall not be reduced below the requirements of this article.

(b)

Any reconstruction or change in use shall not result in the requirement for additional parking in the Downtown Area, as defined in Section 10-2.121.

(c)

When approving a parking district, the requirement for parking spaces may be waived or reduced by the Council.

Except as otherwise provided in this chapter, or by the Council, Commission or Board as part of rezoning, use permits or other similar applications, the minimum number of required off-street parking spaces shall be provided as shown in Table 5.1-1:

Table 5.1-1 Parking Requirements

1 For new development in Downtown Zones, see Article 5 of Chapter 7 for required parking spaces.

2 See Section 10-2.121 for Downtown Area Map

(Amended by Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15; Ord. No. 3734-C.S., § 1, effective 10-7-21)

(a)

General Requirements. The following requirements apply when implementing the parking regulations:

(1)

For existing shopping centers that occupy a site of five (5) or more acres, no parking analysis will be required when there is a change of business or tenant. Proposed new development that displaces existing parking on a site of any size must be evaluated in the context of parking availability for the entire shopping center. In no case shall the number of parking stalls provided be less than one (1) parking stall for every 300 square feet of development on the site, except as otherwise provided for in this chapter (5. Parking Requirements).

(2)

When the required number of spaces results in a fractional space, it shall be counted as a space if it is onehalf (0.5) space or more.

(3)

When a parking requirement is based on square footage, it shall mean gross square footage of the building.

(4)

When a parking requirement is based on number of seats, number of beds or other similar formula, the number shall be as determined by the Director.

(5)

Where there are mixed uses, the requirement for spaces shall be the sum of the requirements for each use unless approved for shared use of spaces as set forth below in Section 10-5.104.

(6)

When a building is removed, any new building on the site shall have spaces provided in accordance with this article

(7)

When the parking requirement for a use is not listed above, or if the procedure for determining the requirement is not specified, the Director shall determine the applicable requirement or procedure.

(b)

Compact Spaces. A maximum of thirty (30) percent of the spaces in a lot may be designated for parking compact cars. Compact spaces shall be identified with the words "Compact" painted on the pavement. Compact spaces shall be distributed throughout a parking area.

(c)

Location. All parking shall be located on the site it serves, unless otherwise approved per Section 10-5.104.

(d)

Bicycle Parking. Bicycle racks or other secure bicycle parking shall be provided in accordance with the California Green Building Code.

(Ord. No. 3734-C.S., § 1, effective 10-7-21)

(a)

The Board, Commission and Council may approve off-site parking, reduction in parking, or shared parking facilities for nonresidential buildings or uses in conjunction with a discretionary action that requires Board, Commission, or Council approval. Any request for off-site, reduced, or shared parking with a nondiscretionary action such as a development plan review shall be reviewed by the Director. In no case shall the parking requirements be reduced where, based on substantial evidence, there is insufficient off-street parking to meet the needs of the building(s) or use(s). The Board, Commission, Council and/or staff shall be guided by the following criteria in making its determination:

(1)

The applicant shall submit sufficient information to indicate the normal hours of operation of such uses or activities do not substantially coincide or overlap with each other and/or the peak hour parking demand;

(2)

The adjacent or nearby properties will not be adversely affected relative to parking;

(3)

The traffic and pedestrian circulation resulting from the off-site or shared parking approval will not be detrimental to the public health, safety and welfare;

(4)

The development is located near available on-street parking or other public parking areas;

(5)

Transit alternatives are available near the development;

(6)

Mixed-use developments that includes residential and retail or office.

(Ord. No. 3734-C.S., § 1, effective 10-7-21)

All parking lots or areas shall conform to the following requirements:

(a)

Space dimensions.

(1)

Full Size: Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long, including any overhang. See Figure 5.1-1.

(2)

Compact: Each compact space shall be a minimum of seven and one-half (7.5) feet wide by fifteen (15) feet long, including any overhang.

(3)

Parallel: Each parallel space shall be eight (8) feet wide by twenty-two (22) feet long.

(4)

Residential Development, four (4) or fewer units: Each space shall be a minimum of ten (10) feet wide and nineteen (19) feet long when not in a garage or covered by a carport.

(b)

Curbing/Overhang. Curbing is required as follows:

(1)

Curbing. Continuous concrete curbing at least six (6) inches high by six (6) inches wide shall be provided where necessary to protect buildings and structures.

(2)

Overhang. Every parking space adjacent to a landscaped area or walkway shall utilize an overhang of two and one-half (2.5) feet. Full size spaces may be reduced to a dimension of nine (9) feet by fifteen and onehalf (15.5) feet with a two and one-half (2.5) foot overhang. Compact spaces may be reduced to a

dimension seven and one-half (7.5) feet by twelve and one-half (12.5) feet with a two and one-half (2.5) foot overhang. All overhang shall be added to the width of any required landscaped area or walkways.

(c)

Wheel Stops. Wheel stops may only be used when it is deemed by the Director, Board, Commission or Council that the use of a continuous concrete curbing is not practical. If wheelstops are used, they shall be set back two and one-half (2.5) feet.

(d)

Fence/Wall Protection. A fence or wall must be provided appropriate protection and separation from parking spaces and aisles used for backing up to a fence or wall.

Figure 5.1-1

==> picture [349 x 372] intentionally omitted <==

(e)

Other dimensions.

(1)

For any given parking angle between forty-five (45) degrees and ninety (90) degrees not specifically listed in Table 5.1-2, use a table angle nearest the given angle.

(2)

Any parking plan showing parking spaces at an angle less than forty-five (45) degrees to the driveway or any other plan for which Table 5.1-2 is not applicable must be approved by the Director.

(3)

The minimum aisle width (C) at any parking stall angle less than forty-five (45) degrees including parallel stalls, is eight and eight-tenths (8.8) feet.

(4)

When two (2) rows of spaces use the same aisle for access, requiring two-way traffic because of the layout, the aisle shall either be a minimum of twenty (20) feet in width or that which is called for in the table below,

whichever is greater.

Table 5.1-2

Figure 5.1-2

==> picture [401 x 361] intentionally omitted <==

(f)

Circulation. All parking areas shall have internal circulation in which no backing movement, except that required to leave a parking space, is permitted. It shall also be possible to maneuver within a parking area

without use of street right-of-way. No parking area design shall require an exiting vehicle to back onto a street, except for parking serving single-family houses, duplexes or triplexes.

(g)

Accessible Parking. Parking for persons with disabilities shall be provided as required by the California Building Code.

The following improvement standards are applicable to all parking areas:

(a)

Surface of Parking Area. Parking areas shall be paved in accordance with requirements of the City Engineer.

(b)

Striping of Parking Area. All parking areas of five (5) or more spaces shall be marked by striping to delineate spaces.

The spaces shall be double-striped as shown in the Figure 5.1-3. Painted line width shall be four (4) inches. The lines shall be laid parallel to, and one (1) foot within each stall, fifteen and one-half (15.5) feet in length for a full-sized space and twelve and one-half (12.5) feet in length for a small car space, including semicircular cap as shown in Figure 5.1-3.

Figure 5.1-3

==> picture [390 x 277] intentionally omitted <==

(c)

Lighting. All parking areas of five (5) of more spaces shall provide and maintain a minimum of one-third (⅓) foot candle illumination per square foot over the entire parking area during the hours of darkness. Wiring for illumination shall be underground unless existing overhead lines can serve the need without any additional overhead lines. Lights provided to illuminate a parking area shall be arranged so as to reflect the light away from any area upon which a dwelling is located.

All parking area landscaping shall be designed to the following standards:

(a)

Whenever a parking area abuts a street, a perimeter landscape strip shall be provided pursuant to the landscape setback provisions of the base zoning district in conformance with Chapter 1, Landscaping and Irrigation Standards of Title 12 (MMC Sections 12-1.01—12-1.09). There shall be a minimum of a four-foot by five-foot planting area for each tree planted in a landscaped planter. Dimensions are measured from the interior side of the curb or permanent border as approved by the Parks, Recreation and Neighborhoods Director. Planter landscaping shall provide a visual landscape screen to a minimum height of three (3) feet and a maximum height of four (4) feet. Visual screening may be accomplished solely by landscaping or in conjunction with a decorative masonry wall. All screening shall conform to the clear vision triangle regulations (Section 10-4.404 of this Code).

(b)

In the interior of a parking area, areas shall be designated for tree planting. Each tree planting area shall contain a minimum of one (1) deciduous tree planted with a minimum of 15-gallon sized stock. The Street Tree Plan, Appendix E, "General Tree Species List," a copy of which is on file in the City Clerk's office, shall be used for recommendations. Trees selected shall be approved by the Parks, Recreation and Neighborhoods Director. There shall be (a minimum of) one (1) tree planted for every eight (8) parking spaces. Tree planting areas shall be distributed throughout the parking area to achieve a fifty (50) percent surface shading within ten (10) years of issuance of the Certificate of Occupancy. For parking areas with only one (1) aisle parking lot shade trees may be planted along the periphery. To qualify as a parking lot shade tree, the tree must be located within seven and one-half (7.5) feet of a parking space.

Plans for all parking areas shall be submitted to the chief building official for approval. The plans shall clearly indicate the location and design of the area including surfacing, lighting, drainage and landscaping.

The provisions of this chapter do not apply to the reconstruction of existing parking areas. Existing parking areas which do not conform to the provisions of this article may be expanded as follows:

(a)

For those expansions in any 12-month period which cumulatively add less than fifty (50) percent additional spaces, the requirements of this article as to parking lot design, improvement standards and landscaping

shall apply to the new or reconstructed area only.

(b)

For those expansions in any 12-month period which cumulatively add fifty (50) percent or more additional spaces, the requirements of this article as to parking lot design, improvement standards, and landscaping shall apply to the entire parking area.

Chapter 6 - SIGNS Article 1. - Sign Regulations

This article establishes uniform regulations for signs within the City of Modesto. These sign regulations are intended to provide minimum standards to safeguard life, health, property and public welfare in keeping with the character of the City of Modesto, by regulating and controlling the size, height, structural design, quality of materials, construction, location, lighting and maintenance of all signs and sign structures. The purposes of these sign regulations are also to:

(a)

Encourage signs which are well designed and pleasing in appearance, and to provide incentive and latitude for variety, good design relationship, spacing and location;

(b)

Provide a reasonable and comprehensive system of controls of signs;

(c)

Encourage a desirable urban character which has a minimum of overhead clutter;

(d)

Attract and direct persons to various activities and enterprises in order to provide for commerce and the maximum public convenience;

(e)

Enhance the economic value of the community and each area of it through the regulation of size, location, design and illumination of signs;

(f)

Protect and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs; and

(g)

Promote and maintain healthy commercial centers and property values, to effectively communicate the nature of goods and services, and to avoid wasteful, ugly and unsightly competition in signs.

(a)

A-frame sign. A temporary, freestanding sign, consisting of two (2) message panels attached by a hinge or similar device along their top edge, which is placed on the ground with the base of each panel separated by a sufficient distance to allow the sign to stand upright without other support. For the purposes of this definition, A-frame signs include single message panels that are mounted on a wood or metal base which provides the stability and support necessary for the sign to stand upright without attachment to a structure. See Figure 6.1-1.

FIGURE 6.1-1

A-FRAME SIGN

==> picture [147 x 144] intentionally omitted <==

(b)

Area of a sign. See Section 10-6.106(a).

(c)

Balloon. For the purposes of this chapter, a round, inflated object with a diameter not exceeding twentyfour (24) inches used as a promotional decoration. Larger inflated objects are not regulated by this article, but are instead subject to Section 6.108(b)(4) of Code. See also "Promotional Decorations."

(d)

Banner. A temporary sign consisting of a piece of fabric or plastic carrying an advertising message, usually hung on a wall or suspended between two (2) poles, buildings, or other structures.

(e)

Bench sign. A City-franchised outdoor bus bench to which an advertising message is applied.

(f)

Billboards. A freestanding sign providing off-premise advertising as defined in Section 10.6.102(jj) with a display in easily changeable copy but is not digital. A billboard is located along a freeway, highway, or major street and is of a large size typically ranging from ten (10) feet by twenty-five (25) feet to fourteen (14) feet by forty-eight (48) feet. Billboards are regulated under the off-premise sign regulations provided in Section 10-6.108 (j).

(g)

Block frontage. A block frontage is an area of one (1) or more privately owned parcels along a public street that is bounded by two (2) streets, or a street and a MID or TID canal, railroad right-of-way, or the Hetch Hetchy Right-of-Way.

(h)

Bulletin board. A sign used to announce a coming event or attraction, or used to convey a specific message related to the site where the bulletin board is located.

(i)

Business monument sign. A monument sign for a business or businesses on a single parcel that is not a shopping center.

(j)

Canopy. A roof of a building or a fixed overhead shelter used as a roof, which may or may not be attached to a building and which does not encroach into nor overhang a public street or alley right-of-way.

(k)

Canopy sign. A sign attached to or hung from a canopy. See Figure 6.1-3.

(l)

Combined business monument sign. A monument sign for businesses on multiple parcels that is not a shopping center in lieu of several business monument signs. The multiple parcels have shared property lines and common access.

(m)

Construction sign. A sign with the names of the architects, engineers, contractors, subcontractors and financing agencies of buildings and structures being constructed upon the site on which the sign is located.

(n)

Corporate flag. A flag identifying a business or firm.

(o)

Digital Freeway Billboard. A freestanding sign with one (1) or more digital display areas located along a freeway. A digital billboard meets the following criteria:

(1)

A freestanding sign which is used for the display of off-premise advertising as defined in Section 106.102(jj);

(2)

A freestanding sign which constitutes a principal, separate, or an accessory use, of the parcel on which it is located; and

(3)

A freestanding sign on which display space is made available to either the owner or parties other than the owner or operator of the sign or occupant of the parcel for no cost or in exchange for a rent, fee, lease, or other consideration.

(p)

Directional sign. One (1) of two (2) types of signs located on the same site the sign is intended to serve:

(1)

An exterior directional sign is oriented to a street and used to direct and control pedestrian or vehicular traffic; and

(2)

An interior directional sign is a directional, warning, or informational sign not bearing any advertising message readable from any street right-of-way.

(q)

Electronic Message Board Sign. A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. No sign shall display animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

(r)

Fee Resolution. A resolution of the City Council establishing fees for the filing and processing of sign permits, as it may be amended from time-to-time.

FIGURE 6.1-2

FLAG

==> picture [69 x 108] intentionally omitted <==

(s)

Flag. A generally rectangular piece of fabric, normally attached to a support along one (1) of its edges, and marked with distinctive colors or designs, and/or text. See Figure 6.1-2. See also "Streamer."

(t)

For sale or rent sign. A sign advertising that the subject building, site or portions of the building or site are for sale, rent or lease.

(u)

Freestanding sign. A sign detached from any building or structure, with its structural supports permanently attached to the ground usually supported by one (1) or more columns, uprights, braces, other support structures, or a support base. Freestanding signs include monument signs but not a portable sign.

(v)

Freestanding use. A land use or occupancy that does not attract customers by its proximity to other

businesses and is not part of a shopping center or any group of businesses that jointly attract customers through their proximity or through common advertising.

(w)

Freeway-oriented sign. A freestanding sign intended to attract motorists traveling on Freeway 99 to a site within six hundred (600) feet of the freeway.

FIGURE 6.1-3

SIGN TYPES

==> picture [320 x 360] intentionally omitted <==

(x)

Garage sale sign. A sign that is used to advertise the sale of used or secondhand goods or merchandise at dwellings and on residentially zoned property; these sales may also be known as patio sales, yard sales, etc.

(y)

Gateway sign. A permanent, freestanding sign identifying a subdivision or other housing project, placed adjacent to a street or driveway providing primary vehicle access to the site.

(z)

Height. See Section 10-6.106(a) and Section 10-2.132.

(aa)

Historic sign. An existing sign, or refurbishing of an existing sign, or re-creation of sign that once existed on the subject site at least fifty (50) years ago, and is designated as a State or Federal historic sign or landmark.

(bb)

Hot air balloon. A balloon that is filled with heated air, has a gondola, and is capable of rising and floating in the atmosphere with people aboard.

(cc)

Identification sign. Any sign that is used to identify or advertise the occupant of a building, lot or premises or the merchandise or activity available at the building, lot or premises where the sign is located.

(dd)

Installed, installation. The establishment of a sign at its intended location, through construction, erection, painting, attachment, or other means.

(ee)

Lighted sign. Any sign that is illuminated either directly or indirectly by artificial light.

(ff)

Marquee. A fixed overhead shelter used as a roof, which may or may not be attached to a building.

(gg)

Marquee sign. A sign attached to or hung from a marquee and which:

(1)

Is mounted in a vertical plane;

(2)

Is mounted parallel to the leading edge of a marquee, except for an under marquee sign which may be mounted at an angle to the leading edge of a marquee; and

(3)

Does not project higher than the wall of the building to which the marquee is attached.

(hh)

Monument sign. An independent, freestanding sign supported on the ground by a solid support base at least as wide as the sign; as opposed to being supported by poles or other open support structure.

(ii)

Open house directional sign. A sign with the words "open house," which may include an arrow or other directional symbol and real estate office name.

(jj)

Off-premise advertising sign. Off-premise advertising signs include any of the following:

(1)

Commercial. Any sign, excepting a bench sign, that directs attention to a business, profession, product, commodity, or mercantile-oriented service that is not the primary business, profession, product, commodity or mercantile-oriented service sold, manufactured, conducted, or offered on the site on which the sign is located.

(2)

Noncommercial. Any sign, excepting a bench sign, which does not direct attention to a business, profession, product, commodity or mercantile-oriented service. This includes but is not limited to any sign expressing a personal, political, religious or social message, idea or point of view.

(kk)

Placard. A temporary sign consisting of a rectangle of cardboard, masonite, or similar material, mounted on a wood or metal stake, which is driven into the ground.

(ll)

Political sign. Any impermanent sign or advertising device or display, with or without letters, words, numbers or figures thereon, which is designed to advertise a candidate for political office, a political party, or a measure scheduled for an election.

(mm)

Principal frontage. That wall of a building or structure which has frontage on a public street, highway, parking lot, walkway or mall, and which is designated by the owner or occupant of the structure as the principal frontage.

(nn)

Promotional decorations. Temporary promotional decorations consisting of a string of pennants, fringe, balloons, or other decorative materials that are either suspended from poles, hung on walls to outline buildings, or placed on outdoor merchandise displays. Promotional decorations do not include flags or streamers, which are separately defined. See Figure 6.1-4.

FIGURE 6.1-4 PROMOTIONAL DECORATIONS

==> picture [351 x 133] intentionally omitted <==

(oo)

Projecting sign. A projecting sign includes any of the following:

(1)

A sign attached to and projecting from the face of a wall, canopy, or marquee; and

(2)

A sign mounted on a canopy roof or building roof that has a slope flatter than a 45-degree angle (one (1) horizontal to one (1) vertical).

(pp)

Real estate sign. A sign advertising residential or commercial buildings or property for sale, lease, or rent, either located on the available property or off-site.

(qq)

Review authority. The individual or official City body (the Planning Commission, Board of Zoning Adjustments (Board), Director, or Chief Building Official) identified by this article as having the responsibility and authority to review, and approve or disapprove the signs and permits described in this article.

(rr)

Ridgeline. The peak of the roof, top of a parapet, or top of the wall of a building.

(ss)

Shopping Center. One (1) or more buildings occupied by two (2) or more businesses consisting of one (1) or more parcels of adjacent real property with at least five (5) acres, under a single ownership or operated under a property owners association that share common amenities (parking, driveways, easements, etc.)

(tt)

Sign. Any structure, device, display, balloon or graphic on or attached to any land, building or structure, which is used to communicate any message, or which advertises or promotes any business, product, activity, person or interest. Signs include, but are not limited to, letters, numbers, words, illustrations, decorations, decals, emblems, trademarks, logos and lights. (see Figure 6.1-3). However, a sign shall not include the following:

(1)

Official notices authorized by a court, public body or public officer;

(2)

Directional, warning or informational signs authorized by federal, state or municipal authority or public utility;

(3)

A properly displayed official flag of a government, school, religious group, or nonprofit organization;

(4)

A memorial plaque, tablet or cornerstone indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure, not to exceed four (4) square feet in area;

(5)

Signs within a building except window or wall signs as defined in this section;

(6)

Christmas decorations and Christmas lights, from November 15 to January 15; or

(7)

Inflatable devices when utilized in compliance with Section 10-6.108(b)(4).

(uu)

Site. A parcel or adjoining parcels under single ownership or single control, considered a single unit for the purposes of development or other use.

FIGURE 6.1-5 STREAMER

==> picture [102 x 109] intentionally omitted <==

(vv)

Streamer. A long, narrow flag. See Figure 6.1-5. See also "Flag."

(ww)

Street address sign. The numerals of a street address for a given use or uses in a given building or buildings.

(xx)

Subdivision sign. A sign indicating the name of a recorded subdivision, the name of the contractor or subdivider, the name of the owner or agent, and/or giving information regarding directions, price and/or terms.

(yy)

Subdivision directional sign. A sign indicating the name of a recorded subdivision and information regarding location. The name of the contractor or subdivider, the name of the owner or agent and/or information regarding price and/or terms may also be noted.

(zz)

Suspended sign. A sign oriented to pedestrians which is hung from the underside of a canopy.

(aaa)

Temporary sign. A sign placed for a limited duration of time. Paper signs attached to a building, bulletin board, or outside a window are temporary signs unless enclosed in a frame with a glass, plexiglass, or equivalent cover. The sign area will be subject to the wall and canopy sign standards.

(bbb)

Theater. A large room or hall with fixed seats used for film shows, plays, concerts, operas, lectures and other performances.

(ccc)

Video Display Sign. A sign capable of and used for the display of full-motion or animated imagery.

(ddd)

Wall. Any wall or element of a wall or any member or group of members, which defines the exterior boundaries or courts of a building or structure and which has a slope steeper than one (1) horizontal to two (2) vertical, with the horizontal plane.

(eee)

Wall sign. Any sign painted on, attached to or erected against the wall of a building with the exposed face of the sign in a place approximately parallel to the plane of the wall and which does not project beyond the top or ends of the wall. Wall sign shall also mean any sign permanently displayed on the inside or outside of a window that identifies the business.

(f )

Window sign. Any sign temporarily displayed on the inside of a window or temporarily painted on a window and facing a street, highway, parking lot, walkway or mall.

(ggg)

Zone. One (1) of the various zoning districts into which the City has been divided by this chapter.

(Amended by Ord. No. 3669-C.S., § 2(Exh. A) Code-16-001, effective 5-25-17)

The sign regulations provided in this article shall apply to all signs within the City of Modesto. It shall be unlawful for any person to install or maintain any sign within the City in violation of the requirements of this article.

(a)

Sign permits required. No person shall install, alter, or relocate any sign within the City without first obtaining a sign permit in compliance with Section 10-6.105 (Sign Permit Requirements and Procedures).

(b)

Conflicting provisions. Where a sign may be subject to multiple provisions of this article because it may be considered to fall within more than one (1) of the sign type definitions of Section 10-6.102 (Definitions), the sign shall comply with the most restrictive requirements.

(a)

Enforcement authority. The provisions of this article shall be enforced by the Chief Building Official and the Director.

(b)

Inspections. No sign shall be installed within the City of Modesto without the prior approval of the Chief Building Official and the Director, to ensure compliance with all provisions of this article, and all other laws and ordinances of the City.

(c)

Appeals. Any person aggrieved or affected by any decision of an administrative official of the City which involves the application of any of the provisions of this article may appeal the decision to the Board in compliance with the provisions of Article 3 of Chapter 9 of Title 10 of this Code.

10-6.105 - Sign Permit Requirements and Procedures.

(a)

General permit requirements and exemptions. No person shall install, alter, or relocate any sign within the City without first obtaining a sign permit from the Chief Building Official, except as follows.

(1)

Exempt signs - No permit or fee required. The following signs are not required to have sign permits or pay sign permit fees, but shall comply with all other applicable requirements of this article:

(i)

Bench signs on public property under a franchise granted by the City;

(ii)

Construction signs;

(iii)

Flags, in compliance with Section 10-6.108;

(iv)

Garage sale signs, in compliance with Section 10-6.107;

(v)

Interior directional, warning, or information signs, unlighted;

(vi)

Nameplates, with a one (1) square foot maximum size, in compliance with Section 10-6.107;

(vii)

Political signs, in compliance with Section 10-6.107;

(viii)

Real estate signs, including for sale or rent and open house directional signs in compliance with Section 10-6.107, and subdivision signs in compliance with Section 10-6.108;

(ix)

Signs for fireworks stands, pumpkin sales, Christmas tree sales lots, and temporary certified farmers markets; and

(x)

Signs within buildings, not attached directly to the interior of a window.

(2)

Exempt signs - No fee required. Noncommercial off-premise advertising signs are required to obtain a sign permit, but shall not be required to pay sign permit fees. These signs shall meet all other requirements of this article.

(3)

Exemption for copy changes. Changes in sign copy with no other alterations to the sign shall not require a sign permit, provided that the copy changes also comply with Section 10-6.111 regarding sign maintenance, and Section 10-6.112 regarding nonconforming signs.

(b)

Application preparation and filing. An application for a sign permit shall include the forms provided by the Chief Building Official, and shall include all additional information and materials described in the City's Sign Permit Application Instructions. A completed application shall be filed with the Chief Building Official, and shall be accompanied by the filing fee established by the City Fee Resolution.

(c)

Application review and approval. The Chief Building Official and Director shall review each sign permit application filed with the Department, except where this article assigns the responsibility for sign permit review to the Board of Zoning Adjustments (Board). If the review authority determines that the proposed sign is in compliance with all the requirements of this article, applicable design guidelines, and all other laws and ordinances of the City, the review authority shall issue the sign permit.

(d)

Sign permit issuance and expiration. Sign permit issuance, expiration, and allowed extensions shall comply with the requirements of the California Building Code applicable to building permits.

(e)

Issuance in error. If a sign permit is issued in error by the Chief Building Official and the sign does not comply with all applicable provisions of this article and all other laws and ordinances of the City, the sign permit shall be void and shall confer no rights or privileges upon the permittee. All sign permits shall include a notice that the issuance of the permit does not grant any right or privilege to install a sign in violation of this article or of any other laws or ordinances of the City.

(a)

Measurement of sign area and height. For the purposes of determining compliance with this article, the area and height of signs shall be measured as provided by this section.

(1)

Sign area. Sign area shall be measured as the area in square feet of the smallest simple geometric shape within which a single sign face can be enclosed. The total area of the sign shall include all sign faces, except where two (2) faces are placed back-to-back and are at no point more than two (2) feet from one another, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. See Figure 6.1-6.

(2)

Sign height. Sign height shall be measured in accordance to the Height definition in Section 10-2.132.

FIGURE 6.1-6

MEASUREMENT OF SIGN AREA

==> picture [384 x 336] intentionally omitted <==

(b)

Maximum sign area requirements. The maximum allowable area for signs is determined by Sections 106.107, and 10-6.108. No freestanding sign of any type or class, subject to this article shall exceed one hundred fifty (150) square feet in area, except as specified in Section 10-6.108(h) and Table 6.1-2.

(c)

Sign height limitations. All signs shall comply with the following requirements.

(1)

Maximum sign height. No wall, canopy, marquee or projecting sign located on a building shall project higher than the ridgeline of the roof, parapet or wall of which the sign is to be affixed. The maximum height of other signs shall be as specified by Sections 10-6.107 and 10-6.108, as applicable.

(2)

Minimum sign height. No sign shall be less than eight (8) feet above a public or private sidewalk, or fourteen and one-half (14.5) feet above ground level in areas open to vehicular traffic, except wall signs not exceeding three (3) inches in thickness.

(d)

Sign placement on buildings. Signs for tenants within buildings that have multiple tenants shall be placed on the portion of the building where the business being advertised is located, except that:

(1)

Where the business tenant space has no street frontage, the Director may grant a sign permit for sign placement on an exterior building wall determined to provide adequate visibility, and where the sign will be compatible in design and scale with the building architecture and the design and placement of other signs; and

(2)

The Director may grant placement on other portions of the building, and/or the clustering of allowed signs on one (1) building wall, where the Director determines that the adjusted sign placement is necessary to provide adequate identification of the subject businesses from the street, and that placement of the sign at the tenant location will unreasonably limit sign visibility.

(e)

Projection of signs. Signs may project into required front, side, and rear yards as approved by the review authority. A sign may project into a street or alley right-of-way only as follows: See Figure 6.1-7.

(1)

Bus bench sign. May be located entirely within a right-of-way.

(2)

Freestanding signs. Freestanding or exterior identification signs may project into a public right-of-way only if a specific encroachment permit is granted.

(3)

Marquee signs. May project into a right-of-way to a point two (2) feet from the face of the curb.

(4)

Projecting signs. May project up to eight (8) feet into a street right-of-way and up to four (4) feet into any alley right-of-way, but not closer than two (2) feet from the face of the curb.

(5)

Wall signs. May project into a right-of-way up to fourteen (14) inches in thickness, provided that:

(i)

No display or messages shall be permitted on the edges of the sign; and

(ii)

Any portion of the sign which projects more than three (3) inches is located in compliance with the vertical clearance requirements of subsection (c)(4) above.

(f)

Signs creating obstructions. No sign shall be installed or maintained so that it may block access to any door, window, fire escape or exit way.

FIGURE 6.1-7

EXAMPLES OF ALLOWED SIGN PROJECTIONS

==> picture [471 x 181] intentionally omitted <==

Only the signs listed in this section are permitted in the applicable zoning districts.

(a)

Residential zones. Any sign installed within the R-1, R-2, R-3, or P-O zoning districts shall comply with the maximum sign area and height, number of signs allowed, and additional requirements shown in Table 6.1-1.

(b)

Commercial and industrial zones. Any sign installed within the C-1, C-2, C-3, C-M, M-1, and M-2 zoning districts shall comply with the maximum sign area and height, number of signs allowed, and additional requirements shown in Table 6.1-2.

(c)

Planned Development (P-D) zone. Any sign installed within the P-D zoning district shall comply with the maximum sign area and height, number of signs allowed, and additional sign requirements established as a condition of the applicable P-D zone, which shall be based on the provisions of the zoning classification most closely approximating the uses proposed in the specific P-D zone.

TABLE 6.1-1 SIGNS PERMITTED IN RESIDENTIAL AND OFFICE ZONES (R-1, R-2, R-3)

TABLE 6.1-2

SIGNS PERMITTED IN NON-RESIDENTIAL ZONES (P-O, C-1, C-2, C-3, C-M, M-1, AND M-2)

(Ord. No. 3734-C.S., § 1, effective 10-7-21)

The specific types of signs covered by this section shall comply with the following provisions, in addition to the standards of Section 10-6.106, 10-6.107. These signs shall also comply with the sign permit requirements of Section 10-6.105, except where this section establishes other permit requirements.

(a)

A-frame signs for business identification. A-frame (sandwich board) signs are allowed only in compliance with the requirements of this subsection, and subject to the approval of a sign permit. A-frame signs are intended to be allowable only when the Director determines that a property owner has taken advantage of all permanent signs allowed by this article, and individual business visibility remains seriously impaired.

(1)

Where allowed. A-frame signs may be approved within the commercial zoning districts, only on sites where the Director determines that street visibility of the business to be served by the sign is seriously impaired, as follows:

(i)

The business is within a structure that is located more than thirty (30) feet from a public street frontage, the site is developed with all other signs allowed by this section, and the business entry and the other exterior signs allowed for the business by this article are not visible from the public street; or

(ii)

The space occupied by the business within a building has no exterior wall adjacent to or visible from a public street, and any exterior walls of the building that are adjacent to a public street are occupied by the signs of other businesses, at the maximum number and area of signs allowed by this article.

(2)

Sign standards. An approved A-frame sign shall comply with all the following requirements.

(i)

Size limitations. Each panel of the A-frame sign shall not exceed a width of twenty-four (24) inches and a height of thirty-six (36) inches. The total height of the sign shall not exceed forty-eight (48) inches when the

A-frame panels are in place, including the message panels and any legs or other supports.

(ii)

Design and construction standards. The Director shall approve an A-frame sign only when it first determines that the design and appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will be durable and stable when in place.

(iii)

;hg;Placement requirements. An approved A-frame sign shall be placed only on private property, at the single location specified by the sign permit. The permit shall specify an approved location for the sign that will maintain a walkway with an adequate and safe width for pedestrians. The location specified by the permit shall also be selected to prevent the undue concentration of A-frame signs in the vicinity.

(b)

Banners and promotional decorations. Banners and promotional decorations are allowed only as provided by this subsection subject to a permit by the Neighborhood Preservation Unit. (See also subsection (f) regarding flags and streamers.)

(1)

Time limits. Except where other time limits are established by this section, the placement of banners and promotional decorations shall be limited to a total of twelve (12) times per year, for a maximum of ten (10) days for each occasion. The resulting 120-day total may be divided at the discretion of the applicant into any increment that would be a multiple of ten (10) days, where the specific increments are requested in the sign permit application and noted on the issued permit. (For example, the total allowed one hundred twenty (120) days could be divided into two (2) periods of sixty (60) days each, four (4) periods of thirty (30) days each, etc.)

(2)

Banners.

(i)

Where allowed. Banners may be permitted in any commercial zoning district; banners may be permitted in residential zoning districts only for churches, schools, and for model home complexes and apartment projects with vacancies.

(ii)

Maximum number. One (1) banner may be permitted for each street frontage of the business.

(iii)

Size limitations. Each banner shall not exceed seventy-two (72) square feet in area, and thirty-five (35) feet in height, or the ridgeline of the roof of the building, whichever is lower. A banner placed on a freestanding structure shall not exceed twenty (20) feet in height.

(3)

Promotional decorations.

(i)

Where allowed. Promotional decorations shall be permitted only within the commercial zoning districts for land uses which are authorized by this Code to display merchandise outdoors.

(ii)

Limitation on type of decorations allowed. The promotional decorations that may be allowed in compliance with this section shall be limited to balloons. The use of strings of pennants, fringe, and/or promotional decorations other than balloons shall be prohibited.

(iii)

Placement requirements. No promotional decoration shall extend above the roof line of any building on the site.

(4)

Inflatable Devices. Use of an inflatable device for a promotion or event shall be limited to six (6) times in number, of nine (9) days maximum during any 12-month period for each business, and to a single inflatable device per promotion or event.

(c)

Canopy signs. Canopy signs shall comply with the following requirements (see Figure 6.1-8):

(1)

The sign shall be mounted in a vertical plane;

(2)

The sign shall be mounted parallel to the leading edge of a canopy, except for a suspended sign which may be mounted at an angle to the leading edge of a canopy;

(3)

The sign shall not project above the top of a canopy with a slope of forty-five (45) degrees (one (1) horizontal to one (1) vertical) or steeper, but may be mounted anywhere on the slope of the canopy;

(4)

The sign shall not project above the leading edge of a canopy with a slope flatter than forty-five (45) degrees; and

(5)

The sign may project above the top of a flat (no slope) canopy, but shall not project higher than the wall of the building to which the canopy is attached.

FIGURE 6.1-8

CANOPY SIGN REQUIREMENTS

==> picture [403 x 97] intentionally omitted <==

(d)

Church signs. Churches or places of worship are allowed the following temporary placard signs in addition to those allowed by Section 10-6.107.

(1)

Temporary signs. The following placard signs are allowed for churches or places of worship conducting services in temporary locations, without limitation on number. These signs are exempt from sign permit requirements, provided that the signs:

(i)

Are in place on weekends only, no longer than from 5:00 p.m. on Friday, to 12:00 a.m. on Monday;

(ii)

Are placed on the church site, outside of a public right-of-way, with the permission of the property owner;

(iii)

Do not exceed six (6) square feet in area or a height of thirty-six (36) inches; and

(iv)

Are completely removed when not in use, including all stakes and any other mounting materials.

(2)

Banners. Banners are allowed in compliance with subsection (b) of this section, except that their use shall be limited to a maximum of six (6) times per year, for a maximum of ten (10) days for each time of use.

(e)

Combined Business Monument Signs. Businesses on multiple parcels may have a combined business monument sign under the following provisions:

(1)

All affected property owners must agree to share the monument sign(s).

(2)

The monument sign(s) may be located on one (1) of the affected parcels.

(3)

No business monument sign(s) for single parcels will be permitted.

(f)

Electronic Message Board, Video Signs, and Digital Freeway Billboards.

(1)

Electronic Message Boards. Electronic Message Boards are allowed only in compliance with this subsection.

(i)

Uses. Electronic Message Boards may be permitted only for the following uses:

a)

Automobile dealer.

b)

Theaters with a minimum of two hundred fifty (250) fixed seats.

c)

Convention centers owned by a public agency.

d)

The following uses when located on an arterial or expressway or freeway, as designated in the City of Modesto General Plan: Shopping center of five (5) acres or more, churches, synagogues, temples, mosques, and other similar places of religious worship, community centers owned by a public agency, stadiums, and high schools and colleges having a minimum campus of twenty (20) acres.

(ii)

Requirements and limitations. For all uses allowed to have electronic message board as identified in Section 10-6.108(f)(1)(i), all electronic message board shall be subject to the following requirements and limitations:

a)

Conditional Use Permit. Conditional Use Permit by the Board is required.

b)

Sign Type. A single Electronic Message Board may only be allowed as one (1) of the signs permitted by Section 10-6.107, including Freeway-Oriented Signs pursuant to Section 10-6.108(h).

c)

Size Limitation. Electronic Message Boards shall be limited in size as follows:

1)

Freestanding Sign. The Electronic Message Board portion of the allowable freestanding sign may not exceed seventy-five (75) percent of the total sign area and must be integrated with the remainder of the sign to form a cohesive design unit.

2)

Wall, Canopy and Marquee Signs. Electronic Message Board Wall, Canopy and Marquee signs in the Residential (R-1, R-2 and R-3) and Professional Office (P-O) Zones may not exceed one-half (0.5) squarefoot per linear foot of the wall on which the sign is located and in the Commercial and Industrial Zones (C1, C-2, C-3, C-M, M-1, M-2, D-C) Zone may not exceed one (1) square-foot per linear foot of the wall on which the sign is located.

d)

Movement. No sign shall display animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

e)

Audio. No sign shall include an audio message.

f)

Duration. No message shall be displayed for a period of time less than eight (8) seconds; however, the Board may increase the minimum required display time if the sign is located within one hundred (100) feet of another Electronic Message Board Sign, traffic signal, flashing warning signs, school crosswalk, train crossings, fire stations, or other situations where a demanding driving environment is deemed to exist.

g)

Transition. Transition from one (1) message to another message shall be instantaneous as perceived from the human eye. Each sign message shall be complete in itself and shall not continue on a subsequent sign message.

h)

On-premises signage. Signs may only be used for advertising the business, profession, product, commodity or mercantile-oriented service sold, manufactured, conducted, or offered on the site on which the sign is located. Noncommercial Off-Premise Advertising is allowed. Commercial Off-Premise Advertising is prohibited.

i)

Sign Placement.

1)

Signs allowed in accordance with Section 10-6.108(f)(1)(i)d) shall be located on an arterial, expressway or freeway as designated in the City of Modesto General Plan.

2)

Signs shall not be placed to obstruct, or otherwise physically interfere with, an official traffic sign, signal or other devise, or physically interfere with the vision of drivers in approaching, merging or intersecting traffic to the satisfaction of the Traffic Engineer.

3)

Signs shall not be located in the Clear Vision Triangle.

j)

Brightness. Signs shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of three-tenths (0.3) foot candles above ambient light, as measured using a foot candle (Lux) meter and in conformance with the following process:

1)

Light measurements shall be taken with the meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face, at the following distances:

i)

A sign that is zero (0) to one hundred (100) square feet in area shall be measured at a distance of one hundred (100) feet from the sign area being measured;

ii)

A sign that is one hundred one (101) to three hundred fifty (350) square feet in area shall be measured at a distance of one hundred fifty (150) feet from the sign area being measured;

iii)

A sign that is three hundred fifty (350) to six hundred fifty (650) square feet in area shall be measured at a distance of two hundred (200) feet from the sign area being measured;

iv)

A sign that is six hundred fifty-one (651) to one thousand (1,000) square-feet in area shall be measured at a distance of two hundred fifty (250) feet from the sign area being measured.

2)

An ambient light measurement shall be taken using a foot candle meter at some point between the period of time between thirty (30) minutes past sunset and thirty (30) minutes before sunrise with the sign turned to black screen.

3)

Immediately following the ambient light measurement taken in the manner required by this subsection, an operating sign light measurement shall be taken with the sign turned on to full white copy.

4)

The brightness of the sign conforms with the brightness requirements of this subsection, if the difference between the ambient light measurement and the operating sign light measurement is three-tenths (0.3) foot candles or less.

5)

An application for a building permit shall include calculations by a lighting engineer to demonstrate compliance with requirements specified above.

6)

Malfunction. All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(2)

Video Display Signs. Video Display Signs are allowed only in compliance with this subsection.

(i)

Uses. Video Display Signs may be permitted only for the following uses:

a)

Performing Arts Center located at 1000 I Street.

b)

Convention Center located at 1000 L Street.

(ii)

Requirements and limitations. All Video Display Signs shall be subject to the following requirements and limitations:

a)

Conditional Use Permit by the Board of Zoning Adjustment is required.

b)

Sign Type. A Video Display Sign may only be allowed as one (1) of the sign permitted by Section 107.509(e).

c)

Audio. No sign shall include an audio message.

d)

Duration. Any portion of the message that uses a full-motion (animated) video display shall have a minimum duration of two (2) seconds and a maximum duration of five (5) seconds. Calculation of the duration shall not include the number of frames per second used in a video display.

e)

Transition. There shall be twenty (20) seconds of still image or blank screen following every message using a video display.

f)

On-premises Signage. Video display signs may only be used for advertising the business, profession, product, commodity or mercantile-oriented service sold, manufactured, conducted, or offered on the site on which the sign is located. Noncommercial off-premise Advertising is allowed in accordance with Section 10-6.108(j). Commercial off-premise Advertising is prohibited.

g)

Brightness. Signs shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of three-tenths (0.3) foot candles above ambient light, as measured using a foot candle (Lux) meter and in conformance with the following process:

1)

Light measurements shall be taken with the meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face, at the following distances:

2)

A sign that is zero (0) to one hundred (100) square feet in area shall be measured at a distance of one hundred (100) feet from the sign area being measured;

3)

A sign that is one hundred one (101) to three hundred fifty (350) square-feet in area shall be measured at a distance of one hundred fifty (150) feet from the sign area being measured;

4)

A sign that is three hundred fifty (350) to six hundred fifty (650) square-feet in area shall be measured at a distance of two hundred (200) feet from the sign area being measured;

5)

A sign that is six hundred fifty-one (651) to one thousand (1,000) square-feet in area shall be measured at a distance of two hundred fifty (250) feet from the sign area being measured.

6)

An ambient light measurement shall be taken using a foot candle meter at some point between the period of time between thirty (30) minutes past sunset and thirty (30) minutes before sunrise with the sign turned to black screen.

7)

Immediately following the ambient light measurement taken in the manner required by the subsection, an operating sign light measurement shall be taken with the sign turned on to full white copy.

8)

The brightness of the sign conforms with the brightness requirements of this subsection, if the difference between the ambient light measurement and the operating sign light measurement is three-tenths (0.3) foot candles or less.

9)

An application for a building permit shall include calculations by a lighting engineer to demonstrate compliance with requirements specified above.

h)

Malfunction. All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(3)

Digital Freeway Billboards.

(i)

Purpose and Designation. Digital billboards may be permitted along Freeway 99 only as billboard relocations or as conversions of an existing billboard in place.

(ii)

Conditional Use Permit. Digital freeway billboards must obtain a conditional use permit approval which requires a recommendation by the Planning Commission to the City Council and final approval authority by the City Council. If the Planning Commission recommends denial or the City Council denies final approval of a conditional use permit, an applicant shall be provided with a written decision regarding the reason(s) for the denial. The Planning Commission shall recommend approval of a conditional use permit for a digital freeway billboard when the following criteria are met:

a)

The proposed digital freeway billboard will meet the findings provided in Section 10-9.703 Required Findings for a Conditional Use Permit.

b)

The proposed digital freeway billboard will not create a hazard to vehicular or pedestrian traffic.

c)

All advertising on the digital freeway billboard will conform with the Outdoor Advertising Act in the California Business and Professions Code and other applicable state and federal rules and regulations.

d)

The development of the digital freeway billboard will result in a public benefit to the City in the form of increasing aesthetics, safety and/or economic revitalization efforts for the City's commercial centers through signage. The public benefit must outweigh any adverse impacts, such as light pollution or visual impact, that might be caused by the advertising display.

(iii)

Development Standards.

a)

A new digital freeway billboard may be allowed or a legally existing billboard may be refurbished to become a digital freeway billboard, subject to the development standards below.

1)

Location. A digital freeway billboard shall be located within 660 feet of State Highway 99 but shall not be located on any parcel with a residential zone or use, and shall be a minimum of 300 feet from any parcel with a residential zone or use.

2)

Number of Faces. A digital freeway billboard may consist of, at most, two (2) digital display areas, each positioned to be visible only by opposing directions of traffic. Double-faced signs shall not have an interior angle between the face of the panels greater than 45 degrees.

3)

Height. The maximum height shall be 60 feet for a new digital freeway billboard. Any existing legal nonconforming billboard may maintain its existing height if it is converted to or replaced with a digital freeway billboard.

4)

Area. The maximum area of each digital display area is 700 square feet.

4.5)

Maximum Number of Digital Freeway Billboards. There shall be a maximum of seven (7) digital freeway billboards within the City limits located on either side of State Highway 99.

5)

Distance between Signs. No digital freeway billboard shall be located within 2,500 feet of any other digital freeway billboard within the City limits located on either side of State Highway 99.

6)

Billboard Structure. The billboard structure supporting and surrounding the digital display area shall be as small as feasibly possible so as to avoid any unnecessary height or width to the sign so as to not call further attention to the sign..

7)

Pole Cladding. Decorative pole covering is required for newly constructed digital freeway billboards as well as any existing traditional billboard that is converted to a digital freeway billboard. Such covering shall be simple and streamlined in material and design so as to not call further attention to the sign.

8)

Message Display. Digital freeway billboards shall display static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement in or on any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing or scintillating lighting, or varying light intensity.

9)

Minimum Display Time. Each message on the sign must be displayed for a minimum of eight (8) seconds.

10)

Illumination. Digital freeway signs shall operate at brightness levels consistent with Section 10-6.108 (f) (1) (ii) j).

Aesthetics. The sign will not require substantial trimming or reduction of existing vegetation and landscaping. The sign will not obstruct or obscure on-site signs on the same or adjacent properties resulting in the adjacent signs being ineffective.

12)

Traffic Safety. The sign shall not create a visibility hazard to traffic on adjacent streets, freeways, or parking areas. The sign will not reduce parking availability below that required by the standards under this title or pursuant to permits issued under this title. The sign will not interfere with on-site vehicular circulation.

13)

Future Technologies. There may be alternate, preferred, or superior technology available in the future to illuminate digital freeway signs. These alternate technologies may be incorporated into existing legally permitted digital freeway signs in the future without additional permissions from the City Council so long as (i) the requisite maximum brightness standards are met and (ii) no exterior physical change to the digital display area will occur. The owner is responsible for obtaining any required ministerial permits for technology improvements as required by applicable code standards. The City will prioritize any such required approvals for technology that is superior in energy efficiency over previous generations or types.

14)

Community Messaging. The City shall be provided with access to a minimum of eight (8) seconds of time per display cycle (or 10% of time on an hourly basis if display cycles are not utilized) to allow the City to present messages regarding public safety and City Sponsored Events and Activities. For purposes of this section, City Sponsored Events and Activities are events or activities that meet the following criteria: (1) the event or activity must be held on City property; (2), the City must participate in an official capacity in the planning, preparation or promotion of the event or activity; and (3) the City must be an official sponsor. Access for public safety messages shall be given to public agencies (including the City) for the purpose of displaying public safety messages such as "Amber Alert" messages and emergency-disaster communications.

15)

Quality and Maintenance Plan. The applicant must establish a quality and maintenance plan in order to ensure implementation of all above-listed development standards and to assure the proper maintenance and repair of the digital freeway sign as needed.

16)

Consistency with State and Federal Law. In addition to the other requirements set forth herein, the digital freeway billboards shall comply with the requirements of the Outdoor Advertising Act and Regulations, California Business and Professions Code Secs. 5200 et seq., and other state and federal statutes. To the extent of any conflict between the provisions of this section and state and federal law, state and federal law shall prevail.

b)

Billboard Removal. For every one digital freeway billboard installed, the applicant must permanently remove at least four legally existing billboard structures (each of which may have more than one billboard sign face) within the City of Modesto's Sphere of Influence prior to operation of the digital freeway billboard. An existing billboard being refurbished as a digital freeway billboard may count as one of the four required permanent removals.

c)

Operating Agreement. At the applicant's request, the City and applicant may enter into an operating agreement in conjunction with the issuance of a conditional use permit for a digital freeway billboard. The City and applicant may use the operating agreement, on a case-by-case basis, to deviate from the development standards in subsection (3) (iii) (a) of this section or reduce the required billboard removals under subsection (3) (iii) (b) of this section. The City Council will only approve an operating agreement if it determines that the operating agreement achieves community benefits that are equivalent to those that would be achieved through strict compliance with subsection (3) (iii) (a) or (3) (iii) (b) of this section. These community benefits may include: safety improvements resulting from such things as the reduction of old and outmoded billboards; using revenue earned under an operating agreement for graffiti abatement, City signage programs or other programs with safety or aesthetic benefits to the City; or economic revitalization of the City's commercial centers through signage and signage agreements.

(g)

Flags and streamers.

(1)

Where allowed. Flags and streamers may be permitted within any zoning district, in compliance with the requirements of this subsection.

(2)

Corporate flags. One (1) corporate flag is allowed per use or occupancy in nonresidential zoning districts, and is exempt from sign permit requirements. The flag shall not exceed a maximum area of twenty-four (24) square feet, and its dimensions shall not exceed a ratio of 2:1. The flag shall be flown only from a flagstaff or flagpole. The maximum height of a freestanding pole is the height requirement in the zoning district or fifty (50) feet whichever is less. The maximum height of a pole on a building is the height requirement in the zoning district

(3)

Decorative flags and streamers. Decorative flags and streamers without advertising copy or corporate or product identification are allowed as follows:

(i)

Residential zoning districts. One (1) decorative flag or streamer is allowed per parcel, and is exempt from sign permit requirements.

(ii)

Nonresidential zoning districts. Six (6) decorative flags or streamers are allowed per business, and are exempt from sign permit requirements. Additional flags and streamers may be allowed with a sign permit, in compliance with the time limits established by subsection (b)(1), above.

(4)

National and state flags. Flags of nations or states are allowed without limitation on their number or size, and are exempt from sign permit requirements.

(5)

Height Limitation. The maximum height of a freestanding pole is limited to the height requirement in the zoning district in which the pole is located or fifty (50) feet whichever is less. The maximum height of a pole is on a building is limited to the height requirement in the zoning district in which the pole is located.

(h)

Freeway-Oriented Signs. A freeway-oriented sign may be approved in compliance with the following provisions.

(1)

Where Allowed. A freeway-oriented sign may be authorized for the following uses that are located within six hundred (600) feet of the Freeway 99 right-of-way:

(i)

A hotel, motel, service station or restaurant, as a freestanding use; or

(ii)

Shopping centers of at least five (5) acres in size. A freeway-oriented sign for a shopping center may advertise the shopping center name, and/or any tenants. One (1) freeway-oriented sign shall be allowed per shopping center.

(2)

Permit Requirement. A sign permit is required for a freeway-oriented shopping center freestanding sign; conditional use permit approval by the Board shall be required for all other freeway-oriented signs, and for any freeway-oriented sign with a height greater than thirty-five (35) feet for freestanding uses, or fifty (50) feet for shopping centers.

(3)

Required Findings for Freestanding Uses. The approval of a conditional use permit for a freeway-oriented sign for a hotel, motel, restaurant, or service station shall require that the Board first find that:

(i)

The use or occupancy is a freestanding use; and

(ii)

The use or occupancy cannot be adequately identified from Freeway 99 by other signs permitted within the applicable zone.

(4)

Approval of Additional Height. The Board may grant a conditional use permit authorizing a freeway-oriented sign higher than thirty-five (35) feet for freestanding uses, or fifty (50) feet for shopping centers, as follows:

(i)

Criteria for Approval. A sign with a height greater than thirty-five (35) feet for freestanding uses, or fifty (50) feet for shopping centers, may be approved if the Board determines that the applicant has demonstrated that an overcrossing of Freeway 99, or its ramps, or trees or vegetation will obstruct the visibility of the proposed sign from the northbound or southbound lanes of Freeway 99.

(ii)

Procedure for Determining Allowed Height. The Board shall approve a sign in compliance with subsection (h)(4)(i) above, at a height no more than the minimum necessary to clear the identified visual obstruction. The determination of maximum height by the Board shall be based on the following procedure, which shall occur prior to the Board public hearing.

a)

The applicant shall arrange for a boom truck with a sign target to be on the site at the location of the proposed sign, with a tape measure attached to the top of the target so that an accurate ground reading of height can be determined.

b)

On the Board field trip, the Board will go to the site, pick up the applicant or applicant's representative, and drive Freeway 99 north and south of the target on the site. The purpose will be to visually verify that the target is set at the minimum height necessary to clear the visual obstruction.

c)

At the public hearing and in their deliberations, the Board shall consider the visual observations from the field trip to be the primary testimony.

(5)

Sign Area Requirements. The maximum sign area for a freeway-oriented sign shall be as provided in Table 6.1-2 plus the following requirements:

(i)

For shopping centers, no individual tenant panel shall be more than one hundred fifty (150) square feet in area. The area of the shopping center name must be at least as large as any individual tenant panel.

(ii)

For shopping center signs advertising a single tenant or only the shopping center name, the maximum sign area shall be one hundred fifty (150) square feet.

(i)

Historic signs. A historic sign may be modified in any zone subject to the following requirements:

(1)

Permit requirement. Conditional use permit approval by the Board shall be required in compliance with Article 7 of Chapter 9 of Title 10 of this Code.

(2)

Permit review considerations. Any deviation from the sign regulations of the zone applicable to the site of a proposed historic sign should be noted in the Board agenda report. The Board should determine if each deviation is insignificant to the compatibility with other uses in the area and deny or impose conditions deemed necessary for any deviations that are not compatible.

(3)

Criteria for approval. The Board may approve a conditional use permit for a historic sign which deviates from the sign standards of the applicable zone only where:

(i)

The Board determines that the existence of the sign at the given site fifty (50) or more years ago has been adequately proven;

(ii)

The Board determines that the design modification of the sign is historically authentic, based on adequate proof of authenticity provided by photographs or plans furnished by the applicant; and

(iii)

The Landmark Preservation Committee has reviewed the proposed sign and has provided findings that the sign meets the above two (2) criteria.

(j)

Off-premise advertising signs. Off-premise advertising signs are prohibited in all zones other than those listed in subsections (j)(1) and (j)(2), below:

(1)

C-2, C-3, C-M, M-1 and M-2 zones. Only the following off-premise advertising signs may be permitted in the C-2, C-3, C-M, M-1 and M-2 zones.

(i)

A directional off-premise advertising sign may be authorized with conditional use permit approval for hotels, motels, and restaurants only, provided that the sign does not exceed forty-eight (48) square feet in area and eight (8) feet in height. The Board may grant the conditional use permit only after first finding that:

a)

The use or occupancy is a freestanding use.

b)

The combined total of all approved directional off-premise advertising signs for a motel, hotel or restaurant is necessary for the public welfare and will not excessively promote the specific motel, hotel or restaurant.

(ii)

Noncommercial off-premise advertising signs may be permitted with a maximum area of forty-eight (48) square feet and a height of eight (8) feet, limited to one (1) per site.

(2)

C-1 zone. Noncommercial off-premise advertising signs may be permitted in the C-1 zone with a maximum area of forty-eight (48) square feet and a maximum height of eight (8) feet.

(k)

Service station signs. The following sign requirements apply to service stations in addition to the provisions of Table 6.1-2 except where otherwise limited by this subsection.

(1)

Pump island signs. Signs shall be permitted on pump islands, canopy uprights, and nonmovable structures on the pump islands provided the combined area of these signs and all other wall and canopy signs do not exceed the total sign area permitted in Table 6.1-2 for the service station building, and do not project beyond the canopy roof or raised pump island. These signs shall not exceed ten (10) feet in height if there is no canopy. For self-service stations with small attendant booths less than ten (10) feet on any side, the total wall and canopy sign area shall not exceed one hundred sixty (160) square feet.

(2)

Freestanding Price signs.

(i)

Sign copy. The sign copy shall be limited to specifying the prices and grades of motor fuel, self-service or full service, and brand name of the motor fuel, as required by the California Business and Professions Code. The price sign may be a digital display.

(ii)

Maximum sign area. Maximum allowable area for fuel price signs shall be twenty-five (25) square feet for the portion of the sign identifying self- or full-service prices, and six (6) square feet for a discount for cash portion of the sign; in addition to the sign area allowed for a freestanding business or shopping center sign as provided in Table 6.1-2.

(iii)

Maximum sign height. Maximum sign height shall be no greater than fourteen (14) feet. When a freestanding fuel price sign is combined with a freestanding business sign as required in Section 106.108(k)(2)(v) below, the maximum height is based on the property frontage as provided in Table 6.1-2 or fourteen (14) feet, whichever is greater.

(iv)

Maximum number of signs. One (1) per street frontage of the site with a maximum of two (2) signs.

(v)

Combined Signs. A service station on a single parcel must combine the freestanding fuel price sign with any proposed freestanding business sign. A service station that is part of a combined business freestanding sign proposal or shopping center may have a separate freestanding fuel price sign pursuant to the provisions of this subsection.

(l)

Shopping center freestanding signs. A shopping center freestanding sign allowed by Section 10-6.107 shall also comply with the following requirements.

(1)

Limitation on copy. The copy on a shopping center sign shall be limited to an optional reader board or a listing of uses within the center and may include the shopping center name. The lettering for the reader board or the listing of uses shall be of the same or smaller size than the lettering of the shopping center name.

(2)

Removal of existing signs required. Any nonconforming freestanding or projecting signs shall be removed prior to the issuance of a building permit for the installation of a shopping center sign.

(3)

Limitation on other signs. After the installation of a shopping center sign, no additional freestanding or projecting sign shall be installed for any use or occupancy within the center, even in cases where the existing signs were installed prior to this Code provision. No business or combined business freestanding sign is permitted

(m)

Street address signs. Each building or group of buildings assigned a street address shall display the street address on a wall of the building, as follows.

(1)

Location. The street address shall be visible from the street upon which the building is addressed.

(2)

Size of numerals. The minimum height, width, and maximum area of the street address numerals shall be as follows:

(i)

Residential uses. Each numeral shall have a minimum height of three (3) inches and a minimum stroke width of one-fourth (¼) inch. The total area of all the numerals which comprise the street address shall not exceed one (1) square foot.

(ii)

Nonresidential and conditional uses. Each numeral shall have a minimum height of six (6) inches and a minimum stroke width of one-half (½) inch. The total area of all the numerals which comprise the street address shall not exceed four (4) square feet.

(n)

Subdivision sales signs. Residential subdivisions are permitted the following signs during the marketing of the lots/homes within the subdivision.

(1)

Sales/identification sign. One (1) subdivision identification sign is allowed on the site of each recorded subdivision during lot sales, with a maximum area of sixty-four (64) square feet, and a maximum height of ten (10) feet.

(2)

Directional signs. Each recorded subdivision is allowed directional signs to guide potential customers to the site and its model homes or other sales facility, as follows.

(i)

Allowed location of signs. Subdivision sales directional signs shall be located as follows.

a)

Within the boundaries of the subdivision, one (1) directional sign shall be permitted per block.

b)

Outside the boundaries of the subdivision, directional signs on private property shall be permitted as follows:

1)

One (1) at each street intersection where a change in direction (left turn, right turn) is required; and

2)

Three (3) where no change in direction is required. No subdivision directional sign shall be closer than one thousand (1,000) feet to another subdivision directional sign for the same subdivision.

(ii)

Sign area and height. The signs shall not exceed sixteen (16) square feet and six (6) feet in height.

(3)

Temporary directional placards. Temporary directional placard signs are allowed without limitation on number, and are exempt from sign permit requirements, provided that the signs:

(i)

Are in place on weekends only, no longer than from 5:00 p.m. on Friday, to 12:00 a.m. on Monday;

(ii)

Are placed on private property outside of a public right-of-way, with the permission of the property owner;

(iii)

Do not exceed three (3) square feet in area or a height of thirty-six (36) inches; and

(iv)

Are completely removed when not in use, including all stakes and any other mounting materials.

(4)

Subdivision banners, flags, and promotional decorations. These devices are subject to the requirements of Sections 10-6.108(b), and 10-6.108(g).

(5)

Time limits. The subdivision sales signs allowed by this subsection shall be removed not later than three (3) years from the date the subdivision map is recorded, except as follows:

(i)

Where building permits have been issued by the City for more than fifty (50) percent but less than sixty-five (65) percent of the lots in the subdivision at the end of three (3) years, the sign may remain for an additional

one (1) year;

(ii)

Where building permits have been issued by the City for fifty (50) percent or less of the lots in the subdivision at the end of three (3) years, the sign may remain for an additional two (2) years; and

(iii)

Temporary directional placards shall be removed in compliance with subsection (m)(3), above.

(Amended by Ord. No. 3669-C.S., § 2(Exh. A) Code-16-001, effective 5-25-17)

All signs shall be designed, constructed, and installed in compliance with the provisions of this section and the maximum area and height requirements of Section 10-6.106.

(a)

Freestanding Signs. Where a freestanding sign is allowed by these sign regulations, the use of a monument sign rather than a sign with an open support structure is encouraged. When considering any freestanding sign, the Director shall apply the principles and specifications in the Commercial and Industrial Design Guidelines for signs. The base of a monument sign or other support structure of a freestanding sign should be architecturally compatible with the architecture of site buildings and enclosed or clad in architecturally compatible materials. Where signs are allowed by these regulations, sign owners shall be advised that the City will not trim or remove any street tree within a public right-of-way solely to improve the visibility of a sign which has been obscured by tree growth.

(b)

Sign Construction Standards. All signs, sign components, and sign support structures shall be manufactured and installed in compliance with applicable Building, Electrical and Fire Prevention Codes of the City.

(c)

Sign Illumination. All fixtures or lighting devices used to illuminate signs shall only emit light of constant intensity; and no sign shall be illuminated by, or contain flashing, intermittent, rotating or moving light, except for electronic message boards in compliance with Section 10-6.108(f). No sign lighting device shall be installed or used that will cause glare or reflection that may constitute a traffic hazard or nuisance.

(d)

Noncommercial Use of Commercial Signs. Notwithstanding any other provisions of this article to the contrary, any sign or portion of a sign which is otherwise legally permitted as a result of the commercial use or occupancy of a building or site may contain noncommercial messages in compliance with the definition of " off-premise sign—noncommercial" in Section 10-6.102. When the commercial use or occupancy of the

building or site ceases, the sign shall comply with the applicable provisions of this article relating to the removal of obsolete signs and outdoor advertising signs.

The following types of signs and sign materials shall be prohibited within the City. It shall be unlawful and punishable as an infraction for any person to place or cause to be placed any sign not in conformity with this section.

(a)

Animated Signs. No sign shall have any moving, rotating, or otherwise animated part, or any flashing, blinking, fluctuating or otherwise animated light, except that the following shall be allowed.

(1)

A conventional clock face.

(2)

A sign showing digital time with changes in time not more often than once a minute.

(3)

A sign showing digital temperature with changes in temperature only when there is a rise or fall of one (1) degree or more. Changes from Fahrenheit readings to Centigrade readings shall occur not more frequently than five-second intervals.

(4)

A sign showing time and temperature, which changes no more frequently than five-second intervals.

(5)

An on-premises barber pole of traditional design with a maximum length of thirty (30) inches, which shall revolve only during the time that the barber shop is open for business. The pole shall not exceed ten (10) feet in height.

(6)

An electronic message board in compliance with Section 10-6.108(f).

(b)

Bench Signs. Bench signs are prohibited, except on public property under a franchise granted by the City.

(c)

Building Outlining. The outlining of a building or its roof by permanent lighting with exposed neon tubing, exposed incandescent lighting or other artificial lighting, or an equivalent effect, is allowed only with conditional use permit approval. "Outlining" means delineation, with a row or band of lights, of the edges of

a roof or wall surface. This provision does not prohibit floodlighting or generally illuminating buildings and their roofs, nor temporary Christmas displays.

(d)

Hazardous Signs. No sign shall be installed at any street intersection, railroad grade crossing, or driveway in a manner that will obstruct the vision of motor vehicle operators, or at any location where, the position, shape or color of the sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP," "DANGER," or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse motorists.

(e)

Off-premise Advertising Signs. Off-premise advertising signs are prohibited, except in compliance with Section 10-6.108(j).

(f)

Signs on Street Trees, Utility Poles, or Structures in Rights-of-Way. No sign shall be attached to any City street tree, or any poles such as utility poles, street signals, street lights, street name signs, or traffic warning signs, or on any bus shelter.

(g)

Temporary Signs. Temporary signs are prohibited, except A-frame signs, and banners, flags, and promotional displays, in compliance with Section 10-6.108.

(a)

Maintenance of Signs. The owner of any sign shall maintain the sign and all supporting structures in a presentable condition at all times. Banners, flags, and promotional decorations shall be removed or replaced when tattered or sun bleached. All painted signs and all supporting structures shall be repainted to keep them in good condition whenever repainting is requested in writing by the Chief Building Official or the Director.

(b)

Removal of Sign Copy. Within ten (10) days after written notification from the Building Official, the owner of an affected sign shall remove, paint over, or cover the copy of any sign which no longer advertises a business conducted on the site, or a product available for purchase by the public. The method of sign copy removal shall be approved by the Chief Building Official or the Director. If the owner fails to comply with the notice within ten (10) days, the Chief Building Official or Director is hereby authorized to remove, paint over, or cover the sign or sign copy. Any expense incurred by the City in removing, painting over, or covering the sign copy shall be paid by the owner of the building or structure to which such sign is attached, or by the owner of the sign.

(a)

Applicability—Nonconforming Signs Defined. For the purpose of this article, a "nonconforming sign" does not conform with the provisions of this article, but lawfully existed and was in use:

(1)

Within the City on March 1, 1977, including signs installed in compliance with use permits and variances granted by the City prior to March 1, 1977;

(2)

On property outside of the City on the date when the annexation of the property to the City was completed, including signs installed in compliance with use permits and variances granted by the County of Stanislaus;

(3)

Within the City on the effective date of an amendment to the Zoning Map of the City of Modesto for the property on which the sign is located; or

(4)

Within the City on the effective date of any amendment of this article which makes the sign nonconforming.

(b)

Allowable Changes and Repairs. A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless it is made to conform with all the provisions of this article. However, other nonconforming signs on the same property need not be made to conform as a result.

(1)

Copy Changes. Changes in copy shall be permitted if no structural changes in the sign are necessary, except that no change in copy shall be permitted for nonconforming painted wall signs.

(2)

Maintenance and Repairs. Ordinary maintenance and minor repairs which will not increase the normal life of the sign and which are required for safety purposes shall be permitted. Structural alterations to a nonconforming sign are prohibited.

(c)

Discontinued Use. If the use identified by a nonconforming sign is discontinued, the sign shall be removed within thirty (30) days, unless within that time it is made to conform to the provisions of this article. If the sign is not made to conform, it shall thereafter be unlawful. "Discontinue" in this subsection shall mean cessation of operation or change of use. "Discontinue" shall not mean an ownership change or a name change as long as there is no cessation of operation and the use is not changed.

(d)

Nonconforming Sign Abatement. Each nonconforming sign shall be removed or made to conform to the provisions of this article at the sole cost of the sign owner, before the expiration of the time limit established for the particular type of sign by this article or in the following table, whichever is the shorter period.

TABLE 6.1-3

NONCONFORMING SIGN ABATEMENT REQUIREMENTS

(e)

Abatement of Unsafe or Illegal Signs.

(1)

Unsafe and Illegal Signs Declared a Nuisance. The Council hereby determines that the public health, safety, and welfare require that all signs previously installed in violation of any applicable law or ordinance of the City of Modesto shall be subject to the provisions of this article, and shall comply with the requirements of this article forthwith. The Council further determines and declares that all signs which do not comply, and all signs that are hereafter installed in violation of the provisions of this article shall be and they are hereby declared public nuisances, to be removed and abated as follows:

(2)

Unsafe Sign Abatement. Unsafe signs are subject to abatement as follows:

(i)

Notice to Permittee/Owner. The Chief Building Official or the Director shall give notice to the sign permittee or owner where he or she determines that any sign subject to this article is unsafe or insecure, or is a menace to the public, or is in a dilapidated, decayed, or neglected state, or has been installed or is being maintained in violation of the provisions of this article.

(ii)

Correction by City. If the permittee or owner fails to remove or alter the structure or sign to comply with this article within ten (10) days after notice, or within three (3) days for temporary signs, the sign may be removed or altered to comply by the Chief Building Official or the Director. Any expense incurred by the City in altering the sign to comply shall be paid by the permittee or owner of the property upon which it is located. No permit shall be issued thereafter to any permittee or owner who has not paid these costs.

(iii)

Immediate Removal. The Chief Building Official may remove summarily and without notice, any sign which is an immediate peril to persons or property.

(f)

Enforcement Procedures. The administrative remedies set forth in Chapter 6 of Title 1 of this Code may be used to address violations pertaining to nonconforming, unsafe and illegal signs.

Chapter 7 - OTHER ZONES

Article 1. - Planned Development Zone (P-D)

10-7.101 - Purpose and Intent.

The purposes of the P-D Zone are:

(a)

To encourage creative and efficient land uses.

(b)

To encourage mixed or multiple use projects.

(c)

To permit variations from the density, height and other standards in the various zones where needed to accomplish unique development.

(d)

To permit development based on a high standard of performance and design.

The regulations in this chapter shall apply in all P-D zones, except that where conflict in regulations occurs, the regulations in this Article shall apply.

The following are permitted uses:

(a)

Any use specified in the ordinance establishing a P-D Zone.

(b)

The following uses are permitted only in a P-D Zone:

(1)

Residential condominiums, community apartment projects and stock cooperatives.

(2)

Mobilehome Parks

(3)

Cemeteries

(c)

Similar uses that are less intense than the uses specified in the ordinance that established the P-D Zone may be allowed as determined by the Director.

10-7.104 - Applications.

(a)

A complete application for a P-D Zone shall at a minimum contain:

(1)

An application form as prescribed by the Director.

(2)

A development plan and any elevations, perspectives or floor plans necessary for project evaluation as determined by the Director.

(3)

A development schedule indicating the anticipated dates for start and completion of construction.

(4)

Other information that the Commission, Council or Director may require for project evaluation.

(5)

A filing fee as established by the Council.

(b)

All applications for condominiums, community apartment projects and stock cooperatives shall also include a tentative subdivision map.

All applications for P-D zones shall be processed as zone boundary changes and P-D zones, if adopted, shall be adopted by ordinance and will become part of the Zoning Map of the City. The development plan, conditions and development schedule for a P-D Zone shall be adopted by resolution.

In granting any P-D Zone the Commission and Council may impose conditions deemed necessary or desirable to maintain neighborhood compatibility and to protect the public health, safety or welfare. Examples of conditions are height, signs, lot coverage, yards, density and parking requirements.

(a)

In granting any P-D Zone involving new development, the Commission and Council shall establish a development schedule.

(b)

From time to time the Secretary may review P-D zones. Those with expired development schedules which have not been completed may be referred to the Commission. The Commission either may grant an extension to the schedule, or may initiate proceedings to rezone the property to the zone classification which it held immediately prior to being zoned P-D.

(c)

Expiration of development schedules can be found in Section 10-9.108.

(a)

Major Amendments. Amendments to P-D Zones that involve new uses determined by the Director to be inconsistent with the approved uses or, revisions with substantial impacts on adjacent property shall be processed the same as a zone boundary change (rezone) which require a recommendation by the Commission and decision by the Council after a public hearing by each.

(b)

Minor Amendments. Amendments to the P-D Zone that involve significant site redesign or require a change in the conditions of approval in the Council resolution require Commission approval after a public hearing.

(c)

Administrative Amendments. Amendments to the P-D Zone that do not involve new uses, substantial impacts on adjacent property or significant site redesign may be approved by the Secretary or referred to the Commission for decision without a public hearing.

Each P-D Zone shall be numbered, the first adopted being shown on the Zoning Map as P-D (1) and each zone subsequently adopted being numbered successively.

Article 2. - Airport Zone (A-P)

The Airport Zone (A-P) regulates and restricts the height of structures and objects of natural growth and otherwise regulates the use of property in the vicinity of the Modesto City-County Airport/Harry Sham Field to serve the public health, safety, and general welfare and to safeguard the utility of the airport and the public investment therein.

For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

(a)

Airport. The Modesto City-County Airport/Harry Sham Field.

(b)

Airport elevation. The highest point of the airport's usable landing areas.

(c)

Airport hazard. Any structure, object or natural growth, source of electrical interference, or light source located on or in the vicinity of the airport, or any use of land near the airport, which is in violation of these regulations and which obstructs the airspace required for the flight of aircraft in landing or takeoff or which is otherwise hazardous to such landing or takeoff of aircraft.

(d)

Airport Zone. The land area underneath the approach, transitional, horizontal, and conical surfaces as described in this Article.

(e)

Approved airport layout plan. That certain airport layout plan adopted by Council resolution from time to time and on file in the office of the City Clerk of the City of Modesto.

(f)

Nonprecision instrument runway. A runway having an existing instrument approach procedure utilizing air navigation (avigation) facilities with only horizontal guidance, or area-type avigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on the approved airport layout plan. This is the north runway at the airport, but only for aircraft approaching from the west and designated Runway 10L.

(g)

Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, or a trustee, receiver, assignee, or similar representative of any of the foregoing.

(h)

Precision instrument runway. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on the approved airport layout plan. This is the north runway at the airport but only for aircraft approaching from the east and designated as Runway 28R.

(i)

Primary surface. The surface longitudinally centered on each runway which extends two hundred (200) feet beyond each end of each runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) dated May 1, 1965, as may be amended from time to time.

(j)

Runway. A defined area on the airport prepared for landing and takeoff of aircraft along its length.

(k)

Tree. Any object of natural growth.

(l)

Utility runway. A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds' maximum gross weight and less. This is the south runway at the airport designated 10R for aircraft approaching from the west and 28L for aircraft approaching from the east.

(m)Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on the approved airport layout plan.

In order to carry out the provisions of this Article, there are hereby created and established certain surfaces, which include the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport. Such surfaces are shown on the adopted Modesto City-County Airport Layout Plan (ALP), on file at the City of Modesto Airport offices. Said ALP, and all notations, references, and other information shown therein, is hereby made a part of this Article. Except as otherwise provided in this Article, no structure or tree shall be erected, altered, allowed to grow, or be maintained in the Airport Zone created by this Article to a height in excess of the surfaces herein established. An area located beneath more than one of the following surfaces is subject only to the more restrictive height limitation.

(a)

Utility runway visual approach surfaces. The utility runway visual approach surfaces are located at each end of the primary surface of the south runway. Each surface width is two hundred fifty (250) feet wide where it adjoins the primary surface. These approach surfaces expand outward uniformly from each end of the primary surface to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet, the center line being the continuation of the center line of Runway 10R/28L. These approach surfaces slope upward one-foot vertically for each twenty (20) feet horizontally, beginning at each end of and at the same elevation as the primary surfaces.

(b)

Nonprecision instrument approach surface. The nonprecision instrument approach surface is located at the west end of the primary surface of the north runway. This approach surface width is one thousand (1,000) feet wide where it adjoins the primary surface. This approach surface expands outward uniformly from the west end of the primary surface to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet, its centerline being the continuation of the center line of Runway 10L. This approach surface slopes upward one-foot vertically for each thirty-four (34) feet horizontally beginning at the end of and at the same elevation as the primary surface.

(c)

Precision instrument approach surface. Precision instrument runway approach surface is located at the east end of the primary surface of the north runway. This approach surface width is one thousand (1,000) feet wide where it adjoins the primary surface. This approach surface expands outward uniformly from the east end of the primary surface to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet, its center line being the continuation of the center line of Runway 28R. This approach surface slopes upward one-foot vertically for each fifty (50) feet horizontally beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line; it then slopes ten thousand (10,000) feet along the extended runway center line; it then slopes upward one-foot vertically for each forty (40) feet horizontally to an additional horizontal distance of forty thousand (40,000) feet along the extended runway center line.

(d)

Transitional surfaces. The transitional surfaces extend outward from the primary surfaces and the approach surfaces at a 90-degree angle to the runway center lines to where the transitional surfaces intersect the horizontal surface. The transitional surfaces adjacent to that portion of the precision instrument approach surface beyond the limit of the conical surface, extend a distance of five thousand (5,000) feet measured from the edge of said approach surface at a 90-degree angle to the extended runway centerline. The transitional surfaces slope upward one-foot vertically for each seven (7) feet horizontally beginning at the sides of and at the same elevation as the primary surfaces and the approach surfaces.

(e)

Horizontal surface. The periphery of the horizontal surface is located by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of Runway 10L/28R and connecting the adjacent arcs by drawing lines tangent thereto and parallel to the runway center line. The inner edge of the horizontal surface is defined by its intersection with the transitional surfaces. The horizontal surface is one hundred fifty (150) feet above the airport elevation.

(f)

Conical surface. The conical surface commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The conical surface slopes upward one-foot vertically for each twenty (20) feet horizontally beginning at the periphery of the horizontal surface.

(g)

Exception to height limitations. Nothing in this Article shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to thirty-five (35) feet above the land beneath any surface in the Airport Zone. This exception does not apply to any land over which the City of Modesto owns an avigation easement.

Notwithstanding any other provisions of this Article, no use may be made of land or water within the Airport Zone in such a manner as to create electrical interference with avigational signals or with radio communication between the airport and aircraft, to make it difficult for pilots to distinguish between airport lights and others, to result in glare in the eyes of pilots using the airport, to impair visibility in the vicinity of the airport or otherwise in any way to create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(a)

Regulations not retroactive. The regulations prescribed by this Article shall not be construed to require the removal, lowering, or other change or alteration to any structure or tree not conforming to these regulations as of July 1, 1977, or otherwise to interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to said date, if such construction or alteration is diligently pursued.

(b)

Marking and lighting. Notwithstanding the provisions of subparagraph (a) of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as be deemed necessary by the Airport Manager. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Modesto.

(a)

Proposed uses. No building permit shall be issued for a use of land or to erect, alter, install, or otherwise establish any structure or other object which would not conform to the regulations herein prescribed.

(b)

Existing uses. No building permit shall be issued that would allow the establishment or creation of an airport hazard or permit a nonconforming use or structure to become a greater hazard to air avigation than it was on July 1, 1977, or on the effective date of any amendment thereto.

(c)

Height limit for trees. Any person owning or in possession of real property shall keep all trees trimmed to a height not exceeding any of the height limits set forth herein. Nonconforming trees in existence on July 1, 1977, shall be kept trimmed at their existing height, and if removed or cut back shall not be allowed to grow above said height or the applicable height limit, whichever is higher.

(d)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property contrary to the provisions of this Article may apply to the Board for a variance from such regulations pursuant to the provisions of Chapter 9, Article 6. Any variance granted may be conditioned to require the owner of the structure or tree in question to permit the City of Modesto, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(e)

Abatement. Every airport hazard shall be deemed to be a dangerous building or structure subject to the abatement procedure set forth in the Dangerous Building Code adopted by Section 9-8.01 of this Code, except that every airport hazard which is an immediate danger to flying aircraft may be summarily abated. The provisions of this Article may be enforced by either the Airport Manager or the Chief Building Official.

Article 3. - Specific Plan (SP) Zone

Specific plans are established to enable land to be planned and developed as coordinated, comprehensive projects providing for systematic implementation of the General Plan, and provide a means to plan for

specific areas, providing land use pattern, development standards, design guidelines, and development processes for these areas. The purpose and intent of the SP Zone is to permit various land uses including residential, industrial, and commercial development through Specific Plans, pursuant to Government Code Section 65450, et seq. The intent of this is to implement policies regarding certain uses, standards, and development review processes adopted through the Specific Plan process.

The SP Zone shall be applied on the zoning map, in the manner specified by, and appropriate to, the relevant Specific Plan which it is intended to implement. Once the SP Zone is applied to the zoning map, the general public shall be guided to the appropriate Specific Plan, which shall determine the means to comply with the SP Zone.

Once property is rezoned to an SP Zone all subsequent development shall comply with the uses, standards, and development review procedures of the adopted Specific Plan, including all implementation actions thereof.

Procedures for adoption and amendment of Specific plans shall be as established by California Government Code Section 65450 et seq.

Preparation of Specific Plans, their format and content, shall be in accordance with Specific Plan Preparation Guidelines as established by the City Council by resolution from time to time.

Article 4. - Specific Plan-Holding Zone (SP-H)

The purposes of the SP-H zone are to:

(a)

Assist in the orderly transition of property from long-term agricultural use to urban development in areas to be developed as a part of the City's Specific Plan process;

(b)

Provide reasonable opportunities to use property that has been annexed to the City of Modesto prior to full implementation of an adopted Specific Plan.

The following are permitted uses:

(a)

The growing of fruit and nut trees, vines, row crops and horticultural stock, and the maintenance of livestock and other farm animals excluding pig farming, dairies, and feed lots.

(b)

One (1) single-family dwelling per lot.

(c)

The provision of lodging and/or boarding to a maximum of three (3) persons by a proprietor who lives on the premises. Lodgers and boarders may use the proprietor's kitchen, but shall not be permitted separate eating, cooking or food storage facilities.

(d)

The operation of a bed and breakfast home, provided that not more than two (2) bedrooms may be used for the lodging of guests and that the property owner shall reside on the premises.

(e)

Adult day care for three (3) or fewer persons in addition to members of the family.

(f)

Twenty-four (24) hour care for six (6) or fewer persons in addition to members of the family. Twenty-four (24) hour care is not permitted where there are two (2) dwellings on a lot except as allowed by a conditional use permit.

(g)

Child day care for twelve (12) or fewer children in addition to members of the family. Only one (1) day care business is permitted per lot.

(h)

Parks owned and operated by a governmental agency.

(i)

Signs subject to the provisions of the R-1 zone specified in Chapter 6.

(j)

Accessory uses and structures customarily incidental to the above permitted uses. Use of shipping containers as defined is not permitted.

The following uses are permitted upon securing a conditional use permit from the Board:

(a)

Church.

(b)

Public buildings or grounds operated by any governmental agency which are not a permitted use.

(c)

Buildings, facilities or grounds operated by a utility company.

(d)

Private recreational grounds and facilities not open to the general public and to which no admission charge is made.

(e)

Storm drainage basins and related facilities.

(f)

Adult day care for four (4) or more persons in addition to members of the family.

(g)

Twenty-four (24) hour care for seven (7) or more persons in addition to members of the family.

(h)

Child day care for thirteen (13) or more children in addition to members of the family.

(i)

The provision of lodging and/or board to four (4) or more persons by a proprietor who lives on the premises. Lodgers and boarders may use the proprietor's kitchen, but shall not be permitted separate eating, cooking or food storage facilities.

In approving a conditional use permit, subdivision map, or parcel map, the Board, Planning Commission, or City Council shall make the following findings:

(a)

The conditional use permit, subdivision map, or parcel map is consistent with the Modesto General Plan; and

(b)

The conditional use permit, subdivision map, or parcel map would not inhibit the full implementation of the adopted Specific Plan which covers this development approval.

(a)

Conducting a business in or from a dwelling is a permitted use of an accessory nature which is subject to the following conditions:

(1)

The person conducting the business shall reside on the premises on a regular full-time basis, and the business shall be clearly incidental and secondary to the residential use.

(2)

The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.

(3)

The business shall be conducted entirely within buildings designed and built for normal residential use and there shall be no outside activity, storage or display.

(4)

No parking or traffic shall be generated by the business in greater volumes than would normally be expected for a residence.

(5)

No trucks or construction equipment shall be parked or stored on or near the premises.

(6)

No more than one (1) business vehicle shall be parked or used in connection with the business on or near the premises. All business pickups and deliveries to and from the premises shall be only by the one (1) allowed business vehicle. "Business vehicle" means a car, pickup or small van used for home business purposes and driven by a person living on the premises.

(7)

Employees shall not work at or be dispatched from the premises nor otherwise be on or about the premises for business purposes.

(8)

There shall be no delivery of merchandise to customers at the premises other than that incidental to a service conducted on the premises.

(9)

Sales or services conducted away from the premises may be advertised in any commercial telephone directory (yellow pages), newspaper, circular or other commercial media, including radio and television.

(10)

Sales or services conducted on the premises shall not be listed in any commercial telephone directory (yellow pages) nor be advertised in any newspaper, circular or other commercial media, including radio and television.

(11)

Signs shall not be used to identify the business, its products or services.

(12)

The business shall not create a disturbance or nuisance by reason of noise, odor, fumes, dust, vibration, smoke, electrical interference or other causes.

(13)

Notwithstanding the above limitations, any person who is severely impaired or handicapped as defined by State law may employ a maximum of two (2) people on the premises who do not reside there and may advertise in any commercial telephone directory (yellow pages), newspaper, circular or other commercial media, including radio and television.

(b)

All businesses conducted in and from a dwelling shall comply with the licensing requirements for businesses in the City.

(c)

Prior to receipt of a license to conduct a business in or from a dwelling, a permit shall be obtained from the Director.

(d)

It shall be unlawful and punishable as an infraction for any person to conduct a home business not in compliance with the provisions of this section.

Garage sales are permitted uses subject to these conditions:

(a)

No garage sale shall be conducted on the same premises for more than three (3) consecutive days.

(b)

Not more than two (2) garage sales may be conducted on the same premises in any calendar year.

(c)

Failure to comply with the provisions of this section shall be unlawful and punishable as an infraction.

(a)

There shall be a minimum of forty (40) feet between the window or door of any building used for human habitation and pens, coops, cages or similar housings where animals and fowl, except household pets, are kept.

(b)

There shall be a minimum separation equal to the required side yard between any property line and any pens, coops, cages or similar housings for animals and fowl.

(c)

All animals and fowl shall be kept in conformance with all other laws, ordinances and regulations governing them, including licensing regulations.

(d)

Failure to comply with the provisions of this section shall be unlawful and punishable as an infraction.

(a)

No structure shall exceed two (2) stories or thirty (30) feet whichever is the lesser height, and no wall or fence shall exceed eight (8) feet except when permitted by a conditional use permit.

(b)

Any second-story portion of any dwelling or accessory building, including additions or alterations to the exterior portions of an existing dwelling or accessory building, shall be subject to development plan review by the Director or designee in accordance with Chapter 9, Article 10, except as hereinafter specifically excepted. In conducting the plan review, the Director shall consider:

(1)

The relationship of second-story windows, doors, exterior stairways, exterior balconies, sundecks, etc. with the privacy of the neighbors.

(2)

The relationship of building mass with the neighbors' views and use and enjoyment of their yards.

(3)

The relationship of building mass with the neighbors' accessories such as solar collectors and satellite antennas.

(c)

A second-story development is not subject to second-story plan review if at least one (1) of the following two (2) conditions is met:

(1)

A building permit is issued on the subject lot within ten (10) years of the recordation of the final subdivision map creating the subject lot, and providing that each adjacent residential lot meets at least one (1) of the following criteria:

(a)

The adjacent residential lot was created by a final subdivision map recorded within the past ten (10) years.

(b)

The adjacent residential lot is greater than one (1) acre in size and contains no dwelling units within forty (40) feet of any lot line abutting the subject lot.

(2)

All second-story portions of any dwelling unit on the subject lot meet the following setback provisions in relation to any adjacent residential lot:

(a)

Twelve (12) feet where no glazing other than fixed, translucent type is proposed.

(b)

Forty (40) feet where any clear glazing or decks/balconies are proposed. This 40-foot setback shall be measured from the outside edge of the deck or balcony to the respective property line.

(3)

The term "adjacent residential lot" as used in this subsection (c) means each lot zoned or used residentially, even if separated by an alley, that abuts the side or rear lot line of the subject lot, including those which touch only at a corner.

(a)

Every building shall have a minimum front setback of fifteen (15) feet except for garages, carports and required parking spaces opening onto the front street, which shall have a minimum setback of twenty (20) feet.

(b)

On through lots every building shall have a front setback as required above on both frontages. If vehicular access is denied and a minimum six-foot wall is maintained across one (1) frontage, necessary structures no higher than the wall are permitted in the setback area adjacent to that frontage.

(c)

Front setback areas shall be unobstructed unless otherwise provided, except that walls and fences outside the clear vision triangle are permitted a maximum of forty-two (42) inches in height.

(d)

A trash enclosure up to fifty-two (52) inches in height serving individual cans may be permitted in the front setback where there is no practical alternative, subject to the approval of the Director. Such enclosures shall be located as far from the front property line as feasible and shall fully screen the trash cans.

(a)

The minimum side setback for a garage, carport, required parking space or accessory structure shall be five (5) feet except when located to the rear and at least five (5) feet from the dwelling(s), in which case no side setback is required. This minimum five-foot area between a dwelling and accessory building or use shall be unobstructed from the ground upward. In no case shall any portion of a building overhang a property line.

(b)

Street side setbacks shall be unobstructed except that walls and fences outside the clear vision triangle are permitted a maximum of forty-two (42) inches in height.

(c)

On corner lots, the street side setback shall be a minimum of fifteen (15) feet for a dwelling or accessory building except for lots legally existing or on an approved tentative subdivision map prior to July 7, 1955, which shall have a minimum street side setback of seven and one-half (7.5) feet. Garages, carports and required parking spaces opening onto a street shall have a minimum 20-foot setback.

(d)

If a legally existing lot has less than the required lot width, the side setback shall be a minimum of ten (10) percent of the lot width; but in no case shall an interior side setback be less than three (3) feet and a street side setback be less than seven and one-half (7.5) feet.

Rear setbacks are not required except as follows:

(a)

A reversed corner lot shall have a minimum rear setback of five (5) feet.

(b)

Any building used for human habitation shall have a minimum rear setback equal to the required side setback for a dwelling.

Every lot shall have frontage on a street.

10-7.413 - Area.

Every lot shall have a minimum area of ten (10) acres except that those lots existing as of date of annexation shall not be deemed nonconforming by virtue of lot size alone

(a)

Every interior lot shall have a minimum width of fifty (50) feet at the front setback line and forty (40) feet at the front lot line.

(b)

Every corner lot shall have a minimum width of sixty (60) feet at the front setback line and fifty (50) feet at the front lot line.

All buildings and required parking spaces shall not cover more than fifty (50) percent of the area of an interior lot and fifty-five (55) percent of a corner lot.

Article 5. - Downtown Zones[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 3618-C.S., § 2(Exh. A), effective June 25, 2015, amended Art. 5, §§ 10-7.501— 10-7.510, in effect repealing and reenacting said article, §§ 10-7.501—10-7.516, as set out herein. Former Art. 5 pertained to the Downtown Core (DC) Zone. See Code Comparative Table for historical derivations.

This article establishes a form-based code as the mechanism for development review and entitlement within Downtown. The form based code focuses on the form of the built environment as primary and the uses contained within the built environment as secondary. Downtown consists of six (6) form-based code zones with distinct development criteria. Portions of Downtown consist of conventional zones that are focused more on land use rather than form and are not regulated under this Article. The six (6) Downtown

Zones are delineated on the Zoning Map and defined in the Planning Zones Purpose Section 10-7-505. Downtown Zones are intended to:

(a)

Implement policies of the Modesto Urban Area General Plan by promoting higher density, mixed-use development to create a balanced, vibrant downtown and active neighborhood centers;

(b)

Preserve and enhance downtown's historic buildings and sites;

(c)

Ensure development is convenient and safe for pedestrians and bicycle riders;

(d)

Provide additional housing choices and opportunities;

(e)

Reduce dominance of off-street parking areas and parking structures; and,

(f)

Encourage useable private open spaces.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a)

Applicability. The provisions of this article shall supersede any standards, provisions or regulations of all other articles of Title 10 that are in conflict with its provisions. All other standards, provisions or regulations of Title 10 that are not in conflict with this article shall remain in effect. When applying other provisions of Title 10 to the Downtown Zones, the Downtown Zones shall be considered as the equivalents to the following zones provided in Table 7.5-1 below:

Table 7.5-1 Equivalent Zone

This article shall apply to new development within the Downtown Zones except as specified below.

(1)

All development requires Development Plan Review. Development Plan Reviews, Conditional Use Permits, and Variances shall be reviewed in accordance with the processes established by Chapter 9 of Title 10 of the Municipal Code.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a)

Existing Development Exception. All legally established development (buildings, parking and other physical site improvements) in existence prior to June 25, 2015 is subject to the following provisions:

(1)

Development Standards.

(i)

Remodels and repairs of existing buildings and expansions up to 25% of the existing total building gross floor area, may utilize the development standards applicable to the Downtown Modesto Historic Zoning Designation (see definition in Section 10-7.516) that applied to the parcel, as shown on Figure 7.5-1.

(ii)

Repairs and changes to site improvements and expansions up to 25% of the existing total land area, may utilize the development standards applicable to the Downtown Modesto Historic Zoning Designation that applied to the parcel, as shown on Figure 7.5-1.

(iii)

Expansions of more than twenty-five (25) percent are subject to the development standards of this article unless an administrative exception is granted by the Director to allow using applicable development standards to the Downtown Modesto Historic Zoning Designation that applied to the parcel, as shown on Figure 7.5-1. In granting an exception, the Director shall utilize the criteria provided in Section 10-7.503 (a) (3).

(iv)

The Traditional Neighborhood Downtown Zone shall be considered equivalent to the R-2 Zone when applying the development standards for expansions authorized under Sections (i)—(iii) above.

(v)

Alternatively, expansions of buildings and land area may utilize the development standards applicable to the parcel by the provisions of this Article.

(2)

Use Types. All uses in the Downtown Zones shall be in accordance with this article, except as provided below:

(i)

All permitted uses legally established prior to June 25, 2015 may continue to operate and may be replaced by a non-conforming use of the same type and expanded by up to twenty-five (25) percent. Replacement uses shall be limited to uses permitted by the previous zoning (Figure 7.5-1). Once a new use permitted by this article replaces a use not permitted by this article, then all future uses shall be in accordance with this article.

(ii)

No use existing on the date of the adoption of this article may be expanded more than twenty-five (25) percent in area unless the use is in full conformance with the provisions of this article unless an administrative exception is granted by the Director to allow the expansion of the existing use. In granting an exception, the Director shall utilize the criteria provided in Section 10-7.503 (a) (3).

(3)

Criteria for Expansion. Expansions of existing development include building and use expansions on the subject property. Expansions not consistent with this article may occur onto adjacent properties subject to a Conditional Use Permit. Use and building expansions of more than twenty-five (25) percent shall meet at least three (3) of the following criteria.

(i)

The expansion is not detrimental to the implementation of the Downtown Zone in which the expansion is located.

(ii)

The expansion maintains compatibility with neighboring properties.

(iii)

The expansion promotes economic development and revitalization of the downtown area.

(iv)

The expansion allows adaptive reuse of buildings and/or land.

(b)

New Development Exception. It is recognized that there exists in the Downtown area many older lots and buildings that pre-exist current regulations and that it may not be feasible for development on these substandard parcels or buildings to meet all of the standards of this article. Consequently, the Director may grant an administrative exception to allow for minor deviations from the development standards of this article, with or without conditions, only after determining that:

(1)

No practical alternative exists;

(2)

The development would still achieve the purpose and objectives of the subject Downtown Zone set forth in Section 10-7.505;

(3)

No detrimental impact would result to the project site or neighboring properties;

(4)

The proposed project would otherwise be in compliance with all applicable standards and requirements; and,

(5)

The deviation granted is the minimum deviation necessary to make possible the development of the property in a manner that otherwise complies with the provisions of this article.

(c)

Previously Approved Project Exception. All unexpired development approvals granted in the Downtown Zones approved prior to June 25, 2015, but not yet constructed, shall be allowed to develop in accordance with the previous approval.

(d)

Warrants for Central and Transition Downtown Zones. A warrant is a minor deviation in the setback or stepback provisions that under limited circumstances still achieves the objectives specified in the purpose and intent of the Central and Transition Downtown Zones sections found in Section 10-7.505. Deviations from the following development provisions may be approved by the Director where the following findings are made:

(1)

Minimum 15-foot stepback from street property line(s) above the sixth floor within the Central and Transition Downtown Zones:

(i)

The building occupies a corner lot;

(ii)

No other deviations of this nature exist within buildings fronting on street sections extending one (1) block from the associated intersection;

(iii)

The width of the building along any public street is no more than one hundred (100) feet, and

(iv)

The building is no more than ten (10) stories tall in the Central Downtown Zone or eight (8) stories tall in the Transition Downtown Zone; and,

(v)

The building maintains a setback of at least five (5) feet above the sixth floor.

(2)

Minimum 30-foot stepback from the interior property line above the sixth floor within the Central and Transition Downtown Zones:

(i)

The width of the subject parcel is less than one hundred ten (110) feet;

(ii)

No more than two (2) other buildings constructed above six (6) stories exist within the subject block frontage; and

(iii)

The building maintains a setback of at least twenty (20) feet above the sixth floor.

(3)

Maximum zero-foot setback from interior property line at floors 1—6 within the Central and Transition Downtown Zones:

(i)

The area is provided for a paseo or a plaza; and

(ii)

No more than one (1) other paseo or plaza exists within the subject block frontage; and,

(iii)

A minimum ten-foot wide, unobstructed pedestrian access/circulation area is provided.

(e)

Civic Buildings. Deviations for civic buildings from the provisions of this article that are not provided for by warrant may be approved by Board of Zoning Adjustment provided the following findings can be made:

(1)

The property is proposed to be used for civic building(s)/grounds that provide a regional amenity by furthering cultural opportunities, or the subject property is proposed to be used for governmental civic building(s)/grounds that provide a necessary service or particular societal amenity; and,

(2)

The nature of the civic building(s)/grounds is such that application of the provisions of this article would preclude its use for the intended purpose.

(f)

Landmark Buildings Deviations for landmark buildings from the provisions of this article that are not provided for by warrant may be approved by Board of Zoning Adjustment provided the following findings can be made:

(1)

The property is proposed to be developed with a building or structure that employs a form and architectural style that is of high quality and will serve as a landmark attraction that is uniquely recognizable as being associated with Modesto; and,

(2)

The form and architectural style cannot be achieved without a deviation from the provisions of this article.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a)

Downtown Zones. The Downtown Zones provide the primary development standards that regulate building placement, building height, land use types, and parking. Building placement regulations are based on Frontage Types. Building height and land use type regulations are based on Building Types. Building Types and Frontage Types are further described below. Downtown includes six (6) zones based on form-based coding principles. Each zone has unique characteristics and regulations.

(b)

Building Types. Building Types identify specific regulations for the building and site development addressing important characteristics of the built form. The standards include defining the building form, compatible Frontage Types, building size and massing, lot access, parking details and accessory structures. There are nine (9) Building Types and only specified Building Types are allowed in each Downtown Zone.

(c)

Frontage Types. Frontage Types address the site and design features of the building frontage focusing on the interface between the private and public spaces. There are six (6) Frontage Types provided and specified Frontage Types are permitted with certain compatible Building Types.

(d)

Use Types. Allowed land use types are identified for each Downtown Zone.

(e)

Using This Code. In utilizing this Code, the first step is to determine in which Downtown Zone the property lies. The second step is to review the applicable Downtown Zone section. The next step is to review the applicable Building Type and Frontage Type sections. The Use Type section contains further information about permitted land uses.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

The Zoning Map identifies six (6) form-based code zones in the downtown area. Each Downtown Zone is different in terms of purpose, development standards, intensity, and allowed uses. The Downtown Zones are similar to conventional zones in that they address development standards and land uses. Where they differ is that the Downtown Zones address building and lot form and allow mixed land uses on individual parcels.

(a)

Central Downtown (CD). This zone is intended to foster the most intensive and active urban environment in the Downtown, while ensuring an overall human scale to development. This is accomplished with large, but unobtrusive building envelopes that accommodate a mixture of uses, including residential, with an interface that promotes a very strong public/private connection and lively streetscape.

The district contains Historic Preservation sites that are included on the landmark preservation list in the General Plan. Special considerations for these sites are provided in the general provisions section of this article.

(b)

Transition Downtown (TD). This zone is intended to foster an intensive and active urban environment, but at a reduced scale from what is found in the Central District. This is accomplished with medium-large building envelopes that accommodate a mixture of uses, including residential, with an interface that promotes a strong public/private connection and lively streetscape.

In addition to Historic Preservation sites, the zone contains the site of a future passenger rail station. The future station is intended to accommodate associated regional rail and future high speed rail service within the Downtown.

(c)

Urban General Downtown (UGD). The Urban General Downtown Zone is intended to create space for more urban activities. New housing is highly desirable because residents help ensure that street life is safe and because residents provide passive nighttime security for day uses. This zone links the Central Downtown Zone to the outer districts and areas of downtown.

(d)

Main Street Downtown (MSD). This zone is intended to promote and enhance a vibrant "main street" commercial environment within walking distance of the surrounding neighborhood. The Main Street Downtown Zone is intended to be the commercial focus of the surrounding neighborhood but at a smaller scale than the Central Downtown Zone. The focus of this district is on commercial uses but it also accommodates residential uses.

(e)

East Neighborhood Downtown (END). The purpose of this zone is to facilitate the continuing transition of the east area of downtown that was originally developed as a residential neighborhood but is in the process of changing to commercial and office uses. This zone would allow a mixture of uses where new development would include a variety of housing types and commercial uses.

(f)

Traditional Neighborhood Downtown (TND). This zone is intended to allow new residential development that is compatible with the traditional single family residential character of the neighborhood. This objective is accomplished by addressing certain provisions such as frontage types, setbacks, building envelope, building height, building type, and yard areas to be compatible with the historical and existing characteristics of this residential neighborhood.

==> picture [498 x 586] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), 6-25-15)

10-7.506 - Central Downtown (CD) Zone.

==> picture [516 x 594] intentionally omitted <==

==> picture [189 x 11] intentionally omitted <==

----- Start of picture text -----
10-7.506. Central Downtown (CD) Zone.
----- End of picture text -----

==> picture [456 x 560] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

10-7.507 - Transition Downtown (TD) Zone.

==> picture [528 x 592] intentionally omitted <==

==> picture [198 x 11] intentionally omitted <==

----- Start of picture text -----
10-7.507. Transition Downtown (TD) Zone.
----- End of picture text -----

==> picture [457 x 540] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

10-7.508 - Urban General Downtown (UGD) Zone.

==> picture [492 x 591] intentionally omitted <==

10-7.508. Urban General Downtown (UGD) Zone.

==> picture [492 x 449] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

10-7.509 - Main Street Downtown (MSD) Zone.

==> picture [492 x 592] intentionally omitted <==

10-7.509. Main Street Downtown (MSD) Zone.

==> picture [492 x 420] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

10-7.510 - East Neighborhood Downtown (END) Zone.

==> picture [492 x 582] intentionally omitted <==

10-7.510. East Nieghborhood Downtown (END) Zone.

==> picture [492 x 395] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

10-7.511 - Traditional Neighborhood Downtown (TND) Zone.

==> picture [492 x 565] intentionally omitted <==

10-7.511. Traditional Neighborhood downtown (TND) Zone.

==> picture [492 x 375] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

Building Types help achieve the desired built form and pedestrian orientation in the Downtown. The following Building Types are allowed in the Downtown are described in the following pages:

(a)

Bungalow Court

(b)

Commercial Block

(c)

Courtyard

(d)

Du-Tri-Quadplex

(e)

Front Yard House

(f)

Live Work

(g)

Mansion Apartment

(h)

Row House

(i)

Stacked Flats

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

==> picture [501 x 588] intentionally omitted <==

==> picture [475 x 492] intentionally omitted <==

==> picture [509 x 588] intentionally omitted <==

==> picture [489 x 468] intentionally omitted <==

==> picture [512 x 576] intentionally omitted <==

==> picture [492 x 546] intentionally omitted <==

==> picture [468 x 567] intentionally omitted <==

==> picture [468 x 489] intentionally omitted <==

==> picture [468 x 428] intentionally omitted <==

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

10-7.513 - Frontage types.

Frontage Types address the features of the building frontage focusing on the interface between private and public spaces. The following Frontage Types are described in the following pages:

(a)

Common Yard

(b)

Forecourt

(c)

Porch

(d)

Shopfront

(e)

Stoop

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

==> picture [504 x 456] intentionally omitted <==

==> picture [483 x 600] intentionally omitted <==

==> picture [510 x 456] intentionally omitted <==

==> picture [492 x 588] intentionally omitted <==

==> picture [520 x 588] intentionally omitted <==

Use type categories and examples of each category are described in Table 7.5-2 Use Types below. Sections 10-7.506 to 10-7.511 provide development standards for the Downtown Zones and they identify permitted Use Types by Building Type and floor.

Table 7.5-2 Use Types

3. Adult entertainment, single-room occupancies, homeless and emergency shelters are not permitted in the Downtown Zones.

4. A residential care facility providing care for seven or more persons is subject to a conditional use permit.

5. Establishments providing entertainment are subject to the provisions of Article 4 of Chapter 1 of Title 4.

6. Central and Transition Zones only

10-7.515 - General Provisions.

(a)

Parking.

(1)

Design.

(i)

Except where in conflict with the provisions of this article, all parking areas shall be designed in accordance with Section 10-5.105 of the Modesto Municipal Code.

(ii)

Parking structures shall not exceed six (6) levels, plus an upper deck, in the Central and Transition Downtown Zones and two (2) levels, plus an upper deck, in the other Downtown Zones.

(iii)

Parking structures in the requisite building placement area not concealed behind a habitable liner shall conform to all building placement and building configuration requirements of the respective Downtown Zone and provide a facade that gives the appearance of being habitable.

(iv)

In the Central and Transition Downtown Zones, where surface parking occurs within fifty (50) feet of a lettered street and twenty-two (22) feet of the alley, a minimum three and one-half-foot (3.5) high streetscreen shall be provided along a line co-planer with the adjoining building's facade.

(2)

Access in the Central and Transition Downtown Zones.

(i)

Vehicular access to and from parking areas shall occur through the alley.

(ii)

Pedestrian access to and from parking areas shall occur within buildings, paseos, plazas or the area along lettered streets designated for ground level parking.

(3)

Access in the Urban General, Main Street and East Neighborhood Downtown Zones.

Vehicular access to and from parking areas shall occur through the alley except as follows:

(i)

On corner lots, parking may be accessed through the street side to help meet required parking subject to Director approval.

(ii)

Where alley access is not available or feasible, street access shall be subject to Director approval.

(iii)

Where street access is approved, the maximum driveway width is twelve (12) feet for less than ten (10) spaces and twenty (20) feet for ten (10) or more spaces.

(iv)

A continuous drive aisle may extend a maximum one hundred forty (140) feet from the street.

(v)

Parking may back onto a street in the East Neighborhood Downtown Zone for one (1) Front Yard House building type serving up to two (2) spaces with a maximum driveway width of twelve (12) feet. If the parking is approved to back onto the street side of a corner lot, the minimum setback is twenty (20) feet.

(4)

Access in the Traditional Neighborhood Downtown Zone.

(i)

Where alley access is not available or feasible, then one (1) street access is permitted with a maximum driveway width of twelve (12) feet subject to Director approval.

(ii)

Where street access is approved, a single-family dwelling may have up to two (2) spaces that back onto the street.

(iii)

If the parking is approved to back onto the street side of a corner lot, the minimum setback is twenty (20) feet.

(5)

Shared Parking. The minimum number of required parking spaces may be reduced when a building contains different use types. Parking may also be reduced between buildings with different use types that are located within immediately adjacent blocks.

(i)

When parking is shared between buildings located on different sites, a parking agreement is required as approved by the Director.

(ii)

The reduction in parking shall be determined by dividing the sum of the parking required by two (2) use types occupying the same amount of building floor area (square footage) by the associated factor from Table 7.5-3.

(6)

Off-Site Parking. Off-site parking may be used to meet the parking requirements of this article.

(i)

Off-site parking shall be located within one thousand four hundred sixty (1,460) feet of the building it serves, as measured along streets, alleys and sidewalks from the nearest point of the parking area to the nearest point of the building. Off-site parking shall be provided through a long-term lease as approved by the Director.

(7)

Required Spaces for Church or Place Worship. The required parking spaces for a church or place of worship are provided in Section 10-5.102, Table 5.1-1, Parking Requirements.

Table 7.5-3 Shared Parking

Example: A building that is comprised of an office use type occupying one hundred thousand (100,000) square feet and a residential use type occupying fifty thousand ( 50,000) square feet may divide the sum of the parking required for fifty thousand ( 50,000) square feet of office use type (one hundred (100) spaces) and 50,000 square feet of residential use type (e.g., seventy-five (75) spaces) by 1.4 (one and four tenths) resulting in the requirement for one hundred twenty-five (125) parking spaces (175/1.4 = 125). Then add the minimum parking required for the remaining fifty thousand (50,000) square feet of office use type (one hundred (100) spaces) to determine the total parking requirement for the building (125 + 100 = 225 total parking spaces).

(b)

Public/Private Transition Area.

(1)

Outdoor Dining and Display.

(i)

Where there is at least ten (10) foot wide continuous sidewalk and safe path of travel for all users of the sidewalk remaining after the following temporary uses are installed or established, use of public right-ofway adjoining the street property line(s) for the following purposes shall be allowed:

a)

Outdoor dining, subject to obtaining the requirements of Articles 1 and 2 of Chapter 15 of Title 4;

b)

Display of public art;

c)

Display of merchandise;

d)

Display of sidewalk signs;

e)

Display of seasonal items;

f)

Display of removable planters/flower pots.

(ii)

Outdoor dining, merchandise display and sidewalk signs shall relate to the commercial activity taking place within the adjoining ground floor business.

(iii)

All merchandise display, sidewalk signs, outdoor dining and associated enclosures shall be removed during non-business hours.

(iv)

Sidewalk signs are limited to one (1) per parcel per public street frontage.

(v)

Display of merchandise is limited to fifty (50) percent of the lineal width of the associated business along the street(s).

(c)

Special Areas.

(1)

Historic Preservation Sites.

(i)

Relocation or demolition of buildings that are on the National Register of Historic Places, California Register of Historic Resources, or designated as a Landmark Preservation Site is not permitted, except in accordance with Modesto Municipal Code, Title 9, Chapter 10 and California Code Regulations, Title 14, Division 6, Chapter 3, Section 15000 - 15387.

(ii)

Development adjoining historic preservation sites shall be no greater than two (2) stories higher or lower than the historic building.

(d)

Miscellaneous Design Issues.

(1)

Design Guidelines.

(i)

All development within the Downtown Zones is subject to the City of Modesto Design Guidelines for Commercial and Industrial Development, where applicable.

(2)

Wireless Telecommunications.

(i)

Wireless facilities are subject to the provisions of Article 4 of Chapter 3 as they apply to the C-1 Zone (CD, TD, UGD, MSD) and R-1 Zone (END, TND).

(3)

Rooftop Utilities.

(i)

All building utilities and mechanical equipment located on rooftops shall be screened within penthouses or attics.

(4)

Ground-Level Utilities.

(i)

All ground-level building utilities and mechanical equipment not contained within buildings shall be located within the area designated for ground-level parking.

(5)

Blocks Without Alleys.

(i)

In the Central and Transition Downtown Zone, development occurring on lots without alleys shall assume an alley parallel to and one hundred forty (140) feet behind the numbered street(s) property line(s) for the purposes of complying with the development provisions.

(ii)

Developments that comprise an entire block may build over the alley following an abandonment of the subject alley.

(6)

Properties Containing Multiple Planning Districts.

(i)

Where one (1) property contains two (2) Downtown Zones, the boundary between the zones shall be

treated in the same manner as a property line for the purposes of complying with the associated development provisions of the respective Downtown Zones.

(e)

Signs. Except where in conflict with the provisions of this article, all signs shall conform with Chapter 6, as they apply to the equivalent zones specified in Section 10-7.502(a).

(1)

Downtown Zone Sidewalk Signs. (See Section 10-7.516(i))

(i)

Downtown Zone sidewalk signs of a size, design and materials as approved by the City Council and as administered by the Downtown Improvement District are permitted in the locations specified in Section 107.515(b) of this article.

(2)

Wall Signs.

(i)

Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except maximum sign area shall be one (1) square foot per linear foot of width of the wall upon which the

sign is placed (CD, TD, UGD, MSD only).

(3)

Projecting Signs (CD, TD, UGD, MSD Zones only).

(i)

One (1) projecting sign per building, size limited to one (1) square foot per linear foot of building frontage up to a maximum of forty-eight (48) square feet, and advertising a single message or use.

(ii)

In addition to the projecting sign allowed in subsection (3)(i), individual tenants in a multi-tenant building shall be allowed one (1) projecting sign, with a maximum sign area limited to twenty-four (24) square feet.

(iii)

Projecting signs shall be located at least ten (10) feet from other projecting signs. Projecting signs may not project more than five (5) feet from the facade of the building and shall be a minimum eight (8) feet above a pedestrian walkway and fourteen (14) feet above a vehicular access way or as provided by zone. Projecting signs shall not be higher than the ridgeline of the roof, parapet, or wall.

(4)

Projecting Marquee Signs.

(i)

Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except the sign may only project eight (8) feet beyond the building façade or as provided by zone, and the sign shall only be permitted for theaters (CD, TD, UGD, MSD only).

(5)

Canopy Signs.

(i)

Permitted subject to the provisions of Section 10-6.107, Table 6.1-2 of the Modesto Municipal Code, except maximum sign area shall be one (1) square foot per liner foot of width of the wall upon which the canopy is affixed (CD, TD, UGD, MSD only).

(f)

Outdoor Storage.

(1)

Outdoor storage shall only occur within the optional building area and is limited to items relating to business being conducted within the building on the same property (CD and TD only).

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15; Ord. No. 3686-C.S., § 2, effective 3-29-18)

(a)

Adjacent. Sharing a common property line or Downtown Zone line, even if separated by a street or alley. Properties that are separated by a street are considered adjacent even if they are located diagonally across an intersection.

(b)

Adjoining. Sharing a common boundary.

(c)

Architectural Feature. An accessory exterior building feature including awnings, roofs, windows, doors, cornices, canopies, eaves, chimneys, down spouts, bulkheads, or similar design elements.

(d)

Attic. An area above the top floor of a building that is typically residential in nature with a pitched roof, which is designed to house utilities and/or equipment and provide insulation.

(e)

Block Frontage. A frontage area running along one (1) street, between the nearest two (2) transecting streets.

(f)

Build-to Line. A linear plane paralleling the street property lines along which the building facade must be placed.

(g)

Building Placement in Setback Area. Percentage of the front building width to be placed along the street frontage within the setback area.

(h)

Co-Planer. Even with the surface of a building.

(i)

Downtown Modesto Historic Zoning Designation. The zoning in effect prior to September 3, 2010, for properties located in the Central Downtown and Transition Downtown Zones, and the zoning in effect prior to June 25, 2015 for properties located in the Urban General Downtown, Main Street Downtown, East Neighborhood Downtown, and Traditional Neighborhood Downtown, is as shown in Figure 7.5-1

(j)

Downtown Zone Sidewalk Sign. An A-frame sign designed in accordance with provisions approved by the City Council and administered by the Downtown Improvement District that is available to businesses in the Downtown Zone through the Downtown Improvement District.

(k)

Encroachment. Extension of building elements beyond the build-to line, minimum setback, minimum stepback, or right-of-way. The building elements are secondary building features including a porch, stoop, balcony, wall sign, and architectural features.

(l)

Facade. The plane of the building and its architectural elements facing the public street. The "face" of the building.

(m)

Floor to Ceiling Height. The net clear internal building space from finished floor to finished ceiling.

(n)

Frontage. The area between the facade of a building and the street property line.

(o)

Habitable Liner. A relatively shallow building area that is conditioned and intended for human activities (residence, office, etc.), which separates a parking structure from the public realm.

(p)

Historic Preservation Site. See Section 10-7.515(c).

(q)

Paseo. A 15-foot to 30-foot wide, open-air area for pedestrian passage between the public sidewalk and parking or other uses to the rear of property, which provides storefronts along one (1) or both sides.

(r)

Penthouse. An area above the top story of a building, which is used to store mechanical equipment, building utilities, etc. Penthouses are either well-integrated into the architecture of the building they serve or are set back from the building's edges and designed to be inconspicuous.

(s)

Plaza. An open air area greater than thirty (30) feet wide that is used for public meeting space or passive open space.

(t)

Setback. The minimum or maximum dimension from property line that a building, parking, or other development structure must be placed with the exception of specifically permitted encroachments to the minimum setback.

(u)

Setback Area. The area between the minimum and maximum setbacks along the street frontage.

(v)

Single Room Occupancies. Rooms that can be leased or rented for extended periods of time or as a primary residence without the provision of either separate or common food preparation and consumption facilities.

(w)

Stepback. The minimum dimension from property line that the tower element or upper levels of a building must be placed.

(x)

Story. A level within a building or structure measured from the finished floor to the finished floor above, or to the eave or base of the parapet in the case of the top floor, that is generally accessible and used by patrons of the building. Enclosures for mechanical equipment above the top floor, and attics in the case of a pitched roof, are not considered a building story for the purposes of this Code.

(y)

Streetscreen. A wall built along a line co-planer with the adjoining building's façade used to screen a parking area or other areas not otherwise screened by a building from the adjoining street.

(z)

Upper Deck. The highest level or "roof" of a parking structure.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

Article 6. - Mixed Use Pedestrian Oriented (MU-P) Zone

10-7.601 - Purpose and intent.

(a)

This Article establishes the following Mixed Use Zone:

(1)

Mixed Use Pedestrian Oriented (MU-P) zone. The MU-P zone is intended to promote and guide the development of pedestrian-oriented, multi-family residential infill on lots or portions of lots that are currently developed or underdeveloped with General Commercial uses. The Mixed Use Pedestrian Oriented (MU-P)

zone is intended for areas located adjacent to streets that are not more than two (2) travel lanes in each direction.

(Ord. No. 3772-C.S., § 1, effective 12-14-23)

The provisions of this article shall supersede any standards, provisions, or regulations of all other articles of Title 10 that are in conflict with its provisions. All other standards, provisions, or regulations of Title 10 not in conflict with this article shall remain in effect.

When applying other provisions of Title 10 to the Mixed Use Pedestrian Oriented (MU-P) zone, the MU-P zone shall be considered as the equivalent to the C-2 (General Commercial) for commercial uses; and as the equivalent to the R-3 (Medium-High Density Residential) for high density residential uses, as modified herein.

(Ord. No. 3772-C.S., § 1, effective 12-14-23)

Table 7.6-1

(Ord. No. 3772-C.S., § 1, effective 12-14-23)

10-7.604 - Mixed-Use Zone Development Standards.

Table 7.6-2 Mixed Use - Pedestrian Oriented (MU-P) Development Standards

In addition to the following development standards, the Development Standards in Chapter 4 (Development Standards), Article 4 (General Development Standards) shall apply to the Mixed Use - Pedestrian Oriented (MU-P) zone.

==> picture [279 x 720] intentionally omitted <==

==> picture [279 x 720] intentionally omitted <==

==> picture [279 x 554] intentionally omitted <==

1 Adjacent to residential zone includes R-1, R-2, R-3, or residential P-D zones in the City or County. Note: Except as modified herein, Multifamily development shall comply with R-3 development standards.

(Ord. No. 3772-C.S., § 1, effective 12-14-23)