Chapter 17.26 — STANDARDS FOR SPECIFIC USES

The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this title.

A.

The uses that are subject to the standards in this chapter shall be located only where allowed by base zoning district or overlay district use regulations.

B.

The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by base district regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. These regulations are found in the use regulation tables in Article II, Base and Overlay Districts, and may be subject to specific standards found in this chapter or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 17.17, General Site Regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.26.040 - Accessory dwelling units.

A.

Purpose. The purpose of this section is to implement California Government Code Sections 66310 through 66342, or as amended, by allowing the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) through ministerial review consistent with state law.

B.

General Requirements. The following provisions apply to all ADUs and JADUs, including "State Exempt ADUs" as described in California Government Code Section 66323 et seq., or as amended, and subsection (E) of this section.

1.

Categories.

a.

ADUs. An ADU is accessory to an existing or proposed primary dwelling on the same lot and has complete independent living facilities for one or more persons. The type of ADUs include:

i.

Conversion ADU. An interior conversion of area within an existing or proposed primary dwelling, including attached garages, storage areas or similar spaces, or an existing accessory structure; or

ii.

Attached ADU. A newly constructed attached unit to the primary dwelling; or

iii.

Detached ADU. A newly constructed detached unit or an addition to an existing detached accessory structure.

b.

JADUs. A JADU is an accessory dwelling unit that is no more than five hundred square feet in floor area and contained entirely within the walls of an existing or proposed single-unit dwelling.

2.

Permitting Procedure.

a.

Ministerial Review. A permit application for an ADU or a JADU that meets the standards contained in this section shall be subject to ministerial review and approval without discretionary review or public hearing. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-unit dwelling, two-unit dwelling, or multi-unit development, the city may delay acting on the permit application for that ADU or JADU until the city acts on the permit application for that new single-unit dwelling, two-unit dwelling, or multi-unit development, but the application for that ADU or JADU shall be considered ministerially without discretionary review or a public hearing.

b.

Review Timeline. A permit shall be issued within sixty days of the city's receipt of a complete application for an ADU or a JADU that meets the standards contained in this section if there is an existing single-unit dwelling, two-unit dwelling, or multi-unit development on the same lot. If the applicant requests a delay in the review timeline, the sixty-day timeline shall be tolled for the equivalent period of the delay.

c.

If city denies an application for an ADU or JADU unit pursuant to this section, city shall, within the time period described in subdivision (b), 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.

3.

Building Permit Required. No ADU and/or JADU shall be established or maintained until there has been a building permit approved by the city.

4.

Fees.

a.

This section shall not be construed to prohibit the city from adopting an ordinance or regulation relating to services or utility connection fees that applies to a single-unit dwelling, two-unit dwelling, or multi-unit development that contains an ADU and/or JADU so long as that ordinance or regulation applies uniformly to a single-unit dwelling, two-unit dwelling, or multi-unit development regardless of whether they include an ADU and/or JADU.

b.

Nothing in this section shall be construed so as to impact the connection fees or capacity charges charged by other government entities.

c.

No impact fees shall be applied to an ADU that has a floor area of eight hundred square feet or less.

d.

Impact fees for an ADU that has a floor area of more than eight hundred square feet shall be charged proportionately in relation to the floor area square footage of the primary dwelling unit in accordance with California Government Code Section 66324, or as amended.

5.

Density.

a.

ADUs and JADUs are not required to meet the density requirements of the general plan or zoning ordinance and do not count toward the permissible number of units per acre (or required lot area per dwelling). However, ADUs shall otherwise be consistent with the general plan text and diagrams in accordance with California Government Code Section 66314 et seq., or as amended.

b.

An ADU or JADU shall not be counted in any ordinance, policy, or program to limit growth, such as, but not limited to, the number of residential units permitted in a year.

6.

Occupancy Criteria.

a.

The rental of ADUs and JADUs for terms shorter than thirty days shall be prohibited.

b.

Nothing in this section shall be construed so as to limit the ADU, JADU, or primary dwelling on the lot from remaining vacant.

c.

Separate Sale. An ADU or JADU shall not be sold or conveyed separate from the sale or conveyance of the primary residence unless the conditions detailed in California Government Code Sections 66340 to 66341, or as amended, are met.

d.

For JADUs, the property owner must reside in either the remaining portion of the single-unit dwelling or the JADU, in accordance with California Government Code Section 66333, or as amended. If the JADU do not share sanitation facilities with the single-unit dwelling, the JADU is exempt from owner-occupancy requirements. Governmental agencies, land trusts, or housing organizations are exempt from this requirement.

7.

Building Safety.

a.

A smoke alarm and carbon monoxide detector shall be installed in all ADUs and JADUs.

b.

The installation of fire sprinklers shall not be required in an ADU and JADU if sprinklers are not required for the primary dwelling and the construction of an ADU and JADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling, in accordance with California Government Code Section 66314, or as amended.

c.

A permanent foundation shall be required for all detached ADUs.

d.

Connection to Street. No passageway shall be required in conjunction with the construction of an ADU, unless such a connection is mandated by the Americans with Disabilities Act, or other state or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky and that extends from the street to the door of the ADU.

8.

Nonconforming Zoning Conditions. The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU shall not be required for the approval of an application for the creation of an ADU or JADU in accordance with California Government Code Sections 66322 and 66336, or as amended.

C.

ADU Regulations. The following provisions apply to all ADUs, except for "State Exempt ADUs" in accordance with Government Code Section 66323 et seq. or as amended which are only subject to the provisions provided in subsection (B) and (E) of this section. In the event of a conflict between the provisions of this section and another section of the Newark Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and the California Government Code, including without limitation California Government Code Sections 66314 through 66332 or as amended, the provisions of the applicable California Government Code shall prevail.

1.

Permitted Location. Except as otherwise prohibited by this section, ADUs shall be allowed on lots with a proposed or existing primary dwelling in any zoning district that allows residential use including a singleunit dwelling, two-unit dwelling, or multi-unit development.

2.

Number of ADUs Allowed.

a.

Lots with a Single-Unit Dwelling. A maximum of one detached or attached ADU shall be permitted with an existing or proposed single-unit dwelling.

b.

Lots with a Two-Unit Dwelling and Multi-Unit Development. See subsection (E) of this section.

3.

Building Height. ADUs must adhere to the following height requirements, in accordance with California Government Code Section 66321, or as amended:

a.

A conversion ADU shall not exceed the height of the existing structure from which it was converted.

b.

An attached ADU shall not exceed the building height standards for the zoning district applicable to the primary dwelling on the lot. An attached ADU may not exceed two stories.

c.

A detached ADU shall not exceed sixteen feet in height, except under either of the following circumstances:

i.

A detached ADU shall not exceed eighteen feet in height if the lot is within one-half mile of walking distance of a major transit stop or a high-quality transit corridor, as those terms defined in Section 21155 of the

California Public Resources Code. An additional two feet in height shall be allowed to accommodate a roof pitch on the detached ADU to be aligned with the roof pitch of the primary dwelling.

ii.

A detached ADU shall not exceed eighteen feet in height if the lot has an existing or proposed multistory two-unit dwelling and multi-unit development.

4.

Setbacks.

a.

Conversion ADU. No setbacks shall be required when an existing structure (e.g. garage, shed, or guest house) or existing living area is converted to an ADU, or where an ADU is constructed in the same location and to the same dimensions as an existing structure on a lot with a proposed or existing single-unit dwelling, two-unit dwelling, or multi-unit development in accordance with California Government Code Section 66314, or as amended.

b.

A detached or attached ADU shall be setback a minimum of four feet from side and rear property lines. For corner lots, a detached or attached ADU shall be setback a minimum of four feet from street side property lines. The minimum front setback requirement of the underlying zoning district shall apply to a detached and attached ADU, except for an ADU of eight hundred square feet or less where no alternative location on the lot exists in accordance with California Government Code Section 66321, or as amended.

c.

A detached and attached ADU shall comply with the allowed projections into yards requirement pursuant to NMC Section 17.17.090.

5.

Size. The maximum allowable floor area for an ADU shall not exceed the square footage limitations specified below. For the purposes of this section, the calculation of floor area for an ADU shall not include garages, carports, covered porches/patios, breezeways, and/or other accessory structures.

a.

Conversion ADU. An ADU converted from the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure shall not be subject to any size limitations.

b.

Attached ADUs. The total floor area for an attached ADU shall not exceed one thousand square feet.

c.

Detached ADUs. The total floor area for a detached ADU shall not exceed one thousand two hundred square feet.

6.

Design. ADUs, except for State Exempt ADUs in accordance with California Government Code Section 66323 et seq. or as amended and subsection (E) of this section, must adhere to the following objective design standards below:

a.

A detached ADU shall incorporate exterior wall and roof colors that are the same as the primary dwelling. An attached ADU shall incorporate exterior wall and roof materials and colors that are the same as the primary dwelling.

b.

Entrances and outside stairways to an ADU shall not be located on the front wall planes facing a public street of the primary dwelling.

c.

All exterior lighting shall be directed downwards and comply with NMC Section 17.17.060, Lighting and Illumination.

d.

Second story windows or transparent doors facing an adjoining lot with an existing single-family dwelling or ADU and within five feet of the property line shall not overlap any portion of existing windows into adjacent bedrooms of the residential structure unless any of the following methods are provided:

i.

Second story windows or transparent doors have obscured glazing.

ii.

Second story windows with clear glass are permitted if the bottom of the window sill is a minimum of five feet above the finished second floor.

e.

Second story balconies or decks facing an adjoining lot with an existing single-family dwelling or ADU shall not be located within ten feet of the property line. The railing shall be a minimum of forty-two inches in height and shall be a minimum fifty percent opaque (e.g. frosted glass, balusters, spindles, or pickets). This standard prevails over the applicable standards in NMC Section 17.17.090, Projections into yards and required building separations.

Other Development Standards.

a.

ADUs Greater than Eight Hundred Square Feet in Floor Area.

i.

Any ADU greater than eight hundred square feet in floor area shall comply with the applicable minimum front setback requirement and minimum landscaping requirement of the underlying zoning district.

ii.

If an ADU is located on a lot with a two-unit dwelling and multi-unit development, then the ADU shall comply with the applicable minimum open space requirement of the underlying zoning district.

8.

Garage Conversions.

a.

An attached or detached garage may be converted into an ADU.

b.

No replacement parking for the primary dwelling is required for a garage conversion into an ADU in accordance with California Government Code Section 66314, or as amended. If replacement parking is proposed for the primary dwelling, it shall conform to all applicable standards in NMC Title 17, Zoning, which includes the standards of the underlying zoning district and NMC Chapter 17.23, Parking and Loading.

c.

Unless the following standards preclude the development of the ADU, the conversion of a garage to an ADU shall include the removal of the garage door. The garage door shall be replaced with an exterior wall with one or more windows and shall incorporate exterior wall materials and colors that are the same as the primary dwelling.

9.

Parking.

a.

No off-street parking spaces shall be required for an ADU. Any off-street parking space proposed for an ADU shall be subject to review and approval for consistency with NMC Title 17, Zoning and California Government Code Section 66314 et seq., or as amended.

b.

When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, no replacement parking is required in accordance with California Government Code Section 66314, or as amended.

c.

A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed with the application for the ADU and issued concurrently, in accordance with California Government Code Section 66314, or as amended.

D.

JADU Regulations. The following provisions apply to all JADUs. In the event of a conflict between the provisions of this section and another section of the Newark Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and the California Government Code, including without limitation California Government Code Sections 66333 through 66339, as may be amended, the provisions of the applicable California Government Code shall prevail.

1.

Permitted Location. A JADU shall be permitted on a lot with a proposed or existing single-unit dwelling.

2.

Number of JADU Allowed. A maximum of one JADU shall be permitted entirely within the walls of a proposed or existing space of a single-unit dwelling. For purposes of this requirement, enclosed spaces within the single-unit dwelling, such as attached garages, are considered a part of the proposed or existing single-unit dwelling. The JADU may not be expanded beyond the existing dimensions of the single-unit dwelling and may not be allowed within an accessory structure. A JADU is permitted even if an ADU already exists on the property.

3.

Size. The total floor area of the JADU shall not exceed five hundred square feet.

4.

Unit Access. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-unit dwelling, in accordance with California Government Code Section 66333, or as amended. Unless the following standards preclude the development of the JADU, the entrance and outside stairway to the JADU shall not be located on the front wall planes facing a public street of the single-unit dwelling.

5.

Deed Restriction. A deed restriction, which shall run with the land, shall be filed and recorded with the county for a JADU prior to the issuance of a building permit and shall include the following:

a.

A prohibition of the sale of the JADU separate from the sale of the single-unit dwelling, including a statement that the deed restriction may be enforced against future purchasers; and

b.

A restriction on the size and attributes of the JADU that conforms with California Government Code Section 66333, or as amended.

6.

Sanitation. A JADU may include a bathroom or may share bathroom facilities within the single-family dwelling.

a.

If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the single-family dwelling, with an interior entry to the main living area in accordance with California Government Code Section 66333, or as amended.

7.

Kitchen. The JADU shall include an efficiency kitchen, which shall include all of the following:

a.

A cooking facility with appliances;

b.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

8.

Parking. No additional parking shall be required as a condition to grant a permit for a JADU in accordance with California Government Code Section 66334, or as amended. No replacement parking is required for garage conversion into a JADU.

9.

Building and Fire Code Requirements. For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate dwelling unit as described in California Government Code Section 66337, or as amended. No fire wall separation or noise attenuation measures are required between the single-unit dwelling and the JADU.

E.

State Exempt ADUs. State Exempt ADUs refers to ADUs and JADUs that are created pursuant to California Government Code Section 66323, or as amended. State Exempt ADUs shall be subject to ministerial review and approval if it creates any of the following:

Lots with a Single-Unit Dwelling are permitted to contain the following ADUs:

a.

Single-Unit Converted ADUs and JADUs.

i.

One conversion ADU per lot shall be permitted within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or accessory structure.

ii.

One JADU per lot shall be permitted entirely within the walls of a proposed or existing space of a singleunit dwelling. For purposes of this requirement, enclosed spaces within the single-unit dwelling, such as attached garages, are considered a part of the proposed or existing single-unit dwelling. The JADU may not be expanded beyond the existing dimensions of the single-unit dwelling and may not be allowed within an accessory structure.

iii.

A conversion ADU and JADU must have exterior access and sufficient side and rear setbacks for fire and safety.

iv.

An ADU converted from an existing space of a single-unit dwelling or accessory structure is eligible for a one hundred fifty square-foot expansion to accommodate ingress and egress.

v.

A JADU must also comply with the provisions of JADU Law found in California Government Code Sections 66333 through 66339, or as amended.

b.

Single-Unit Detached ADU.

i.

One detached, new construction ADU that complies with the height requirements per subsection (C)(3) and setback requirements per subsection (C)(4) shall be permitted on lots with an existing or proposed singleunit dwelling.

ii.

The maximum floor area for a detached ADU shall be eight hundred square feet.

Lots with a Two-Unit Dwelling and Multi-Unit Development are permitted to contain the following ADUs:

a.

Two-Unit and Multi-Unit Converted ADUs.

i.

Up to twenty-five percent of the number of existing units on the two-unit dwelling or multi-unit development, but no less than one ADU, shall be permitted to be converted within portions of the existing two-unit dwelling or multi-unit development that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the state building standards for dwellings.

ii.

Livable space is defined as space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

b.

Two-Unit and Multi-Unit Detached ADUs.

i.

A maximum of two detached ADUs shall be permitted on a lot with a proposed two-unit dwelling or multiunit development project.

ii.

A maximum of eight detached ADUs shall be permitted on a lot with an existing two-unit dwelling and multi-unit development, not to exceed the number of existing units on the lot.

iii.

Two-unit and multi-unit detached ADUs shall comply with the height requirements per subsection (C)(3) and setback requirements per subsection (C)(4).

iv.

If the existing two-unit dwelling and multi-unit development has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing two-unit dwelling and multi-unit development as a condition of approving the application to construct an ADU that satisfies the requirements of this paragraph.

F.

Pre-Approved ADU Program. Pursuant to California Government Code Section 65852.27, or as amended, city shall maintain an application and process for the preapproval of detached ADUs. City shall accept ADU plan submissions for preapproval from design professionals (designers, architects, builders, and other

qualified professionals) and shall approve or deny applications pursuant to standards established in California Government Code Sections 66314 through 66332, or as amended. City shall post preapproved ADU plans and the contact information of the applicant on the city's website.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 528, § 4(Exh. A), 2-25-2021; Ord. No. 563, § 5, 2-12-2026)

Adult businesses shall be located and operated in compliance with following standards.

A.

Purpose. It is the purpose and intent of this section to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; degradation of the city's commercial and industrial base; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of

neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

B.

Location. Adult businesses shall be located a minimum of five hundred feet from any other such establishment, public park, child day care facility, or school and a minimum of one hundred feet from any residential district.

C.

Violations. In addition to Chapter 17.41, Enforcement and Abatement Procedures, the following provisions apply to adult businesses.

1.

Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation.

2.

In addition to the remedies set forth in paragraph 1, above, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with following standards:

A.

Landscaping and Screening. All automobile/vehicle sales and service establishments shall provide landscaping and screening in compliance with the following:

1.

A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a Residential District.

2.

At least ten percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Chapter 17.21, Landscaping.

3.

A landscaped planter with a minimum inside width of six feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least three feet shall be provided along all other property lines.

4.

Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.

B.

Application Review and Findings for Approval. The decision-making authority shall only approve a use permit for an automobile/vehicle sales and service facility only if it finds that:

1.

The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2.

The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

3.

Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

4.

Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

5.

The washing facility will not have an adverse impact on water supply and quality.

C.

Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

D.

Automobile/Vehicle Sales and Leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site.

E.

Automobile/Vehicle Service and Repair, Major and Minor. In addition to other applicable standards of this section, major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards:

1.

Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.

2.

Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

3.

Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 17.17.100, Screening. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city.

4.

Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

F.

Automobile/Vehicle Washing. In addition to other applicable standards of this section, automobile/vehicle washing facilities are subject to the following standards:

1.

Washing Facilities. No building or structure shall be located within thirty feet of any public street or within twenty feet of any interior property line of a Residential District. Vehicle lanes for car wash openings shall be screened from public streets to a height of forty inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

2.

Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven days a week. When abutting a Residential District, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven days a week.

G.

Service Stations. In addition to other applicable standards of this section, service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards:

1.

Pump Islands. Pump islands shall be located a minimum of twenty feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten feet within this distance.

2.

Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

3.

Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve months subsequent to the close of the last business day.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Check cashing businesses shall be located, developed, and operated in compliance with the following standards:

A.

Maximum Size. Limited to two thousand five hundred square feet in size.

B.

Location. Check cashing businesses shall be located on an arterial or higher classification street, and at least one thousand feet from any other check cashing business.

C.

Queuing Area. Adequate queuing area shall be provided within the building. Queuing on the sidewalk is prohibited.

D.

Security. A security plan shall be provided for review and approval by the director. The plan shall provide for adequate security, including a central station alarm system to the police department. Bars on the windows are prohibited.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Community gardens shall be located, developed, and operated in compliance with the following standards:

A.

Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the city.

B.

Hours of Operation. Gardens shall only be tended between dawn and dusk.

C.

Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoophouses, or farmstands are allowed and shall comply with the property development standards of the zoning district.

D.

Equipment. Only household garden tools and equipment, applicators and products, may be used. This includes, but not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull behind equipment is prohibited.

E.

Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations.

F.

Maintenance.

1.

The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

2.

Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

G.

Sale of Produce. Incidental sales of items grown on-site are permitted.

H.

Composting. Composting is limited to the materials generated on-site and shall be used on-site.

I.

Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

J.

Restrooms. If proposed, restrooms shall be connected to public utilities. Portable restrooms are not permitted.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Day care centers and large family day care homes shall be located, developed and operated in compliance with the following standards:

A.

License. The operator shall secure and maintain a license from the State of California Department of Social Services.

B.

Location. Unless specifically allowed pursuant to a use permit approval, day care centers and large family day care homes serving seven or more persons shall be located at least three hundred feet from any other residential care facility, day care center, or large family day care home serving seven or more persons.

1.

Adult Day Care Center Location Limitation. Adult day care centers serving seven or more persons shall be located on a lot with frontage on an arterial.

C.

Pick-up and Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be provided for approval by the director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:

1.

A scheduled time for pick-up and drop-off with allowances for emergencies; and

2.

Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

D.

Additional Requirements for Day Care Centers. In addition to the requirements listed above, day care centers shall comply with the following standards:

1.

Screening. A periphery wall, constructed of wood or masonry, or landscaping screen shall be provided to screen outdoor activity areas and shall achieve seventy-five percent opacity. Chain metal fencing or barbed wire is prohibited.

2.

Outdoor Space. Outdoor use area and play equipment and structures shall not be located in any required front or street side setback.

3.

Hours of Operation. Hours of operation shall only be within the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. Additional hours may be allowed subject to approval of a minor use permit.

4.

Noise. Outdoor activities shall not occur before 9:00 a.m. or after 6:00 p.m.

E.

Notice Requirements.

1.

Notice to Neighbors. At least ten days before submitting formal application with the Planning division, the applicant shall provide notice to the neighbors within a two hundred foot radius of the subject property as shown on the latest available assessment roll, of the intent to propose a large family day care. The notice shall include the location of proposed outdoor space, available parking spaces and timings of the day care.

2.

Notice of Action and Appeals. Notice of Action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action. In addition to the recipients identified in Subsection 17.31.080.B, Notice of Action, Notice shall also be provided to all property owners within a minimum two hundred foot radius of the subject property as shown on the latest available assessment roll. A decision of the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 17.31.110, Appeals.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 516, § 4(Exh. A), 9-26-2019)

Drive-in or drive-through facilities shall be located, developed and operated in compliance with the following standards:

A.

Drive-In and Drive-Through Aisles. Drive-in and drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

1.

A minimum fifteen-foot interior radius at curves and a minimum twelve-foot width is required.

2.

Each drive-in and drive-through entrance and exit shall be at least one hundred feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the nearest curb cut on an adjacent property.

3.

Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

B.

Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of twenty inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

C.

Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

A.

Location. Emergency shelters shall be located at least three hundred feet of another emergency shelter.

B.

Number of Residents. No more than fifty clients may be present on the premises at any one time.

C.

Length of Occupancy. Occupancy by an individual or family may not exceed sixty days. Extensions up to a total stay of one hundred eighty days may be provided if no alternative housing is available, upon determination by the director.

D.

Common Area. The shelter shall provide at least ten square feet per bed of public or communal gathering space, exclusive of hallways.

E.

Parking Reduction. The director may reduce the number of on-site parking spaces required by Section 17.23.040, Required Parking Spaces, where a shelter is located on a bus route, or other evidence is provided to indicate that less parking will be needed. The shelter shall, however, provide at least one space for each staff member who will be on duty when residents are present, and at least one space for residents.

F.

Lighting and Illumination. The shelter shall provide outdoor lighting sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

G.

Outdoor Activities. All functions associated with the shelter, except for children's play areas, outdoor recreation areas, and parking shall take place within the building proposed to house the shelter. There shall be no space for clients to congregate in front of the building, and there shall be no outdoor public telephones.

H.

Designated Smoking Area. The shelter shall provide a designated smoking area, preferably outside, that is not visible from public rights-of-way.

I.

Noise. The use shall be conducted in conformance with the noise standards set forth for multifamily housing in the noise element of the general plan.

J.

Supervision. On-site management shall be provided any time that clients are present at the shelter.

K.

Management and Security Plan. The operator of the shelter shall submit a management and security plan for approval by the director. The plan shall address issues identified by the director, including emergencies, transportation, client supervision, security, client services, staffing, and good neighbor issues.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Farmer's markets shall be located, developed, and operated in compliance with the following standards:

A.

Required Permits. Farmer's markets are allowed in all districts subject to minor use permit approval. The market operator and vendors shall obtain a minor use permit and secure all necessary licenses, certificates and health permits, including permits for street closure, if applicable. All permits (or copies of them) shall be in the possession of the farmer's market manager or the vendor, as applicable, on the site of the farmer's market during all hours of operation.

B.

Management Plan. A management plan shall be prepared and provided to the zoning administrator. The management plan shall include the following:

1.

Identification of a market manager or managers, who shall be present during all hours of operation.

2.

A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.

C.

Hours of Operation. Market activities may be conducted between the hours of 7:00 a.m. and 10:00 p.m. with specific hours and duration to be approved by the city. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.

D.

Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Joint living and working quarters (live-work units) shall be located, developed, and operated in compliance with the following standards:

A.

Establishment. Live-work units may be established through the conversion of existing buildings or by new construction, permitted or conditionally permitted as specified in Division II, Base and Overlay Districts.

B.

Permitted Work Activity. The work activity in a building where live-work units are allowed shall be any use permitted by right or use permit in the zoning district, except that, in order to protect the health and safety of persons who reside in a live-work unit or in a building which contains one or more live-work units, no work activity shall be permitted nor shall any live-work unit be established on any site that contains those uses which the zoning administrator finds would, by virtue of size, intensity, hours of operation, number of employees or the nature of the operation, have the potential to adversely affect others living or working in or nearby the live-work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes.

C.

No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Home occupations shall be located, developed, and operated in compliance with the standards of this section. An inspection may be required to verify compliance with applicable standards.

A.

Applicability. This section applies to home occupations in any residential unit in the city regardless of the zoning designation. It does not apply to family day care, which is regulated separately.

B.

General Standards. All home occupations shall be located and operated consistent with the following standards:

1.

Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted except signs in conformance with Chapter 17.25, Signage Standards.

2.

Location. All home occupation activities shall be conducted entirely within the residential unit, or within a garage that is attached to, and reserved for, the residential unit. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces for parking.

3.

Floor Area Limitation. No more than twenty percent of the floor area of the dwelling unit may be used in the conduct of the home occupation.

4.

Structural Modification Limitation. No dwelling shall be altered to create an entrance to a space devoted to a home occupation that is not from within the building, or to create features not customary in dwellings.

5.

Employees. No employees or independent contractors other than residents of the dwelling shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.

6.

On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time.

7.

Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.

8.

Storage. There can be no storage of materials, supplies, and/or equipment for the home occupation in an accessory building or outdoors. Storage may only occur within a garage if it does not occupy or obstruct any required parking space. Contractors whose work is conducted entirely off site (and who use their home solely for administrative purposes related to the contracting business) may store construction, electrical, landscaping, plumbing, or similar supplies or materials within a single vehicle of one-half ton or less.

Equipment. Home occupations shall not be permitted which involve mechanical or electrical equipment which is not customarily incidental to domestic use.

10.

Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

11.

Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a single-unit detached residence.

12.

Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

13.

Commercial Vehicles and Attachments. Home occupations involving more than one commercial vehicle parked on-site shall not be permitted. No attachments of equipment or machinery used for business purposes shall be permitted either on the vehicle or on the site when the vehicles are not in use and such equipment or machinery is within view from the public right-of-way or neighboring properties. Storage of attachments of equipment and machinery are not permitted in areas visible from public rights-of-way or neighboring properties, unless part of an active approved construction project on the site.

14.

Business Licenses. No home occupation shall be conducted without a current business license obtained and maintained pursuant to the provisions of Chapter 5.04, Business Licenses.

C.

Cottage Food Operations. A cottage food operation is allowed as a home occupation and an accessory use to any legally established residential unit subject to the following standards:

1.

Minor Use Permit Required. Cottage food operations are allowed subject to minor use permit approval.

Registration. Cottage food operations shall be registered as "Class A" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

3.

Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not have more than fifty thousand dollars in gross annual sales in each calendar year.

4.

Operator and Employee Allowed. Only the cottage food operator and members of his or her household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

5.

Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses.

D.

Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:

1.

Automobile/vehicle sales and services;

2.

Animal care, sales, and services;

3.

Eating and drinking establishments;

4.

Hotels and motels;

5.

Hospitals and clinics;

6.

Firearm sales;

Personal services; and

8.

Retail sales.

E.

Home Occupation Permit; Issuance; Modification; and Revocation. No home occupation shall be permitted unless the director certifies that it conforms to the home occupation regulations of this chapter and application for such permit shall be made pursuant to Section 17.31.020 (Application Forms and Fees).

1.

The director may fix, in his or her reasonable discretion, a termination date upon a home occupation in order to affect a periodic review thereof. The director may revoke or modify any permit pursuant upon reasonable proof of a violation of any of the terms or conditions of the permit. If a permit is revoked or modified, no home occupation shall be conducted on the premises until the director issues a new permit or the terms of any modification are fully met.

2.

Nothing in this chapter shall require the director to issue a home occupation permit to any applicant. If any applicant has had a home occupation permit revoked or suspended pursuant to this code, the Director may deny a home occupation permit to any home occupation operated under the same name, same entity or by the same officers, managers or individuals responsible for or owning the home occupation for which a permit has been revoked or suspended regardless of any name change, change in management or conveyance of the home occupation to another person or entity.

F.

Appeals.

1.

Any applicant aggrieved by any decision of the director with respect to the issuance, denial, suspension, modification or failure to renew a permit under the provisions of this section, may appeal the decision pursuant to the procedures in Section 17.31.110.

2.

The failure to timely and properly file a request for a hearing under Section 17.31.110, or the failure to appear at a scheduled hearing, shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. If appeal is waived for any reason, including as provided under this subsection, the decision of the Director shall be final.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

Hookah lounges shall be located a minimum of five hundred feet from any other such establishment, public park, child day care facility, or school and a minimum of one hundred feet from any residential district.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All activity related to marijuana and cannabis, both medical and recreational is prohibited. The prohibition includes commercial cultivation, testing, manufacturing, distribution, delivery and dispensaries (fixed or mobile) of marijuana/cannabis. Cultivation of marijuana or cannabis for non-commercial personal purpose is allowed as long as it is consistent with state law and Chapter 5.36 of the Newark Municipal Code.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards:

A.

Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public-right-of-way is subject to an encroachment permit issued by the public works department.

B.

Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot.

C.

Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.

D.

Parking. Where an outdoor dining and seating area occupies less than five hundred square feet, additional parking spaces for the associated eating and drinking establishment are not required. Parking shall be provided according to the required ratio in Chapter 17.23, Parking and Loading, for any outdoor dining and seating area exceeding five hundred square feet.

E.

Pedestrian Pathway. A four-foot pedestrian pathway shall be maintained and unobstructed. If there is more than a four-foot-wide pathway provided, outdoor dining may be located outside of the required four feet.

F.

Litter Removal. Outdoor dining and seating areas shall remain clear of litter at all times.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Outdoor display and sales shall be located, developed, and operated in compliance with the following standards:

A.

Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 17.26.260, Temporary Uses, and Chapter 17.35, Use Permits.

B.

Produce Displays. The outdoor display of fresh produce associated with an existing food and beverage retail sales establishment on the same site is allowed, subject to the following standards:

1.

The display shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, or required landscaped areas or block pedestrian walkways.

2.

All produce shall be removed or enclosed at the close of each business day.

C.

Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for automobile/vehicle sales and leasing requires minor use permit approval and shall comply with the following standards:

1.

Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

2.

Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.

3.

Display Locations. The displayed merchandise shall occupy a fixed, specifically approved and defined location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, or required landscaped areas or block pedestrian walkways.

D.

Outdoor Vending Machines Prohibited. Outdoor vending machines other than those for the sale of newspapers is prohibited.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Personal service establishments shall be located, developed, and operated in compliance with the following standards:

A.

Hours of Operation. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. unless otherwise specified in a use permit.

B.

Fortune, Palm, and Card Reader. Fortune, palm, and card reader establishments shall be located at a minimum of five hundred feet from any other such establishment, public park, child day care facility, or school and a minimum of one hundred feet from any residential district.

C.

Massage Establishments. Massage establishments shall comply with Chapter 5.24, Massage Establishments, of the Newark Municipal Code. Establishments, including sole proprietorships, which offer massage in exchange for compensation that do not comply with Chapter 5.24, Massage Establishments, of the Newark Municipal Code are prohibited.

D.

Tattoo or Body Modification Parlor. The following standards regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

1.

Location. Tattoo and body modification parlors shall be located a minimum of five hundred feet from any other such establishment, public park, child day care facility, or school and a minimum of one hundred feet from any Residential District.

2.

Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Alameda County Department of Health.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Personal storage facilities shall be located, developed, and operated in compliance with the following standards:

A.

Business Activity. All personal storage facilities shall be limited to inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.

B.

No Hazardous Materials Storage. No storage of hazardous materials is permitted.

C.

Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

D.

Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building façades or solid fences.

E.

Exterior Wall Treatments and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural "caps," attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

F.

Screening. Where screening walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural "caps," attractive posts, or similar measures. All gates shall be decorative iron or similar material.

G.

Perimeter Wall. A six-foot-high screening shall be provided around the perimeter of the development at locations where the solid façades of the storage structures do not provide a perimeter barrier. The wall shall be located outside the required front setback and a minimum of four feet from a street lot line.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Recycling facilities shall be located, developed, and operated in compliance with the following standards:

A.

Reverse Vending Machines.

1.

Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary commercial or public/semi-public use on the same site.

2.

Location. Machines shall be located within the same building as the permitted commercial or public/semipublic use. Machines shall not be located within fifty feet of a residential district or one thousand feet of any business that sells alcohol. Machines shall not be located outdoors.

3.

Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside of the reverse vending machine.

4.

Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.

5.

Trash Receptacle. Machines shall provide a forty-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

B.

Recycling Collection Facilities.

1.

Size. Recycling collection facilities shall not exceed a building site footprint of three hundred fifty square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

2.

Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

3.

Location. Facilities shall not be located within fifty feet of a residential district or within one thousand feet of any business that sells alcohol.

Setback. Facilities shall be set back at least ten feet from any street lot line and not obstruct pedestrian or vehicular circulation.

5.

Containers. Containers shall be constructed of durable waterproof and rustproof material and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

6.

Identification. Containers shall be clearly marked to identify the type of accepted material, hours of operation, the identity and phone number of the operator or responsible person to call if the machine is inoperative, and a notice stating that no material shall be left outside.

7.

Signs. The maximum sign area shall be twenty percent of the area of the side of facility or container or sixteen square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

8.

Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless an approved parking study shows available capacity during recycling facility operation.

9.

Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

C.

Recycling Processing Facility.

1.

Location. Facilities shall not abut a residential district.

2.

Screening. The facility, including all storage and storage containers, shall be screened from public rights-ofway, by solid masonry walls or located within an enclosed structure.

3.

Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, including storage containers, shall not be visible above the

height of the required solid masonry walls.

4.

Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Residential care facilities serving seven or more persons shall be located, developed and operated in compliance with the following standards:

A.

Licensing. Residential care facilities serving seven or more persons shall be licensed and certified by the State of California and shall be operated according to all applicable state and local regulations.

B.

Location. Unless specifically allowed pursuant to a use permit approval, residential care facilities serving seven or more persons shall be located on a lot with frontage on an arterial and at least three hundred feet from any other residential care facility, day care center, or large family day care home serving seven or more persons.

C.

Screening. A periphery wall, constructed of wood or masonry, or landscaping screen shall be provided to screen outdoor use areas and shall achieve seventy-five percent opacity. Chain metal fencing or barbed wire is prohibited.

D.

Complaints. Upon receiving two substantiated complaints from two different residences within one calendar year, the zoning administrator shall review the residential care facility operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 17.31, Common Procedures. The zoning administrator may take no action, revoke or modify the permit, or take other actions to address the nuisance.

1.

Complaint Procedures. Before submitting a complaint to the city pursuant to this subsection, a complainant shall first submit to the operator of the residential care facility a written complaint, signed by the complainant and setting forth the complainant's address and telephone number. If after fourteen days from the submittal of a complaint to the operator, the complainant remains dissatisfied with the performance of the residential care facility, the complaint may then be submitted to the community development department, including the original complaint letter, and documentation of any and all contact with the

operator to resolve the issues identified in the original complaint. The community development department shall investigate complaints within fourteen days of receipt of the complaint to determine their validity.

2.

Substantiated Complaint. A complaint shall be considered substantiated if the zoning administrator determines that the operator has failed to respond appropriately to a complaint concerning hours, traffic and circulation, or noise.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Single room occupancy (SRO) units shall be located, developed, and operated in compliance with the following standards:

A.

Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two persons.

B.

Minimum Size. An SRO living unit shall have at least one hundred fifty square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred square feet.

C.

Minimum Width. An SRO of one room shall not be less than twelve feet in width.

D.

Entrances. All SRO units shall be independently accessible from a single main entry, excluding emergency and other service support exits.

E.

Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to building code requirements; a small refrigerator; and cabinets for storage.

F.

Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the building code for congregate residences with at least one full bathroom per floor.

G.

Closet. Each SRO unit shall have a separate closet.

H.

Common Area. Common area in an amount equal to ten square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least two hundred square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

I.

Tenancy. Tenancy of SRO units shall be limited to thirty or more days.

J.

Facility management. An SRO Facility with ten or more units shall provide full-time on-site management. An SRO Facility with less than ten units shall provide a management office on-site.

K.

Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan shall include the following:

1.

Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2.

Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;

3.

Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

4.

Staffing and Services. Information regarding all support services, such as job referral and social programs; and

5.

Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Solar energy systems shall be located, developed, and operated in compliance with the following standards:

A.

Height.

1.

Ground-Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five feet or the maximum height allowed in the base zoning district, whichever is less.

2.

Roof-Mounted Solar Energy Systems. Solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located.

B.

Required Setback. Installations less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other installations shall meet the required setback of the base zoning district.

C.

Required Permit. Solar energy systems are allowed in all districts. A use permit is required for certain ground-mounted solar energy systems as follows:

1.

RP District. In the RP District, roof-mounted solar energy systems are allowed, ground-mounted solar energy systems require conditional use permit approval.

2.

Other Districts. In districts other than the RP District, roof-mounted solar energy systems and groundmounted solar energy systems located over a parking area are allowed. Ground-mounted solar energy systems that are not located over a parking area require minor use permit approval.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to

telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1.

Licensed amateur (ham) radio and citizen band operations.

2.

Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

3.

Emergency services radio.

4.

Radio and television mobile broadcast facilities.

5.

Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6.

A single ground- or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this title, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

a.

Residential Districts.

i.

Satellite Dish One Meter or Less. A satellite dish that does not exceed one meter in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the residential district so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.

ii.

Satellite Dish Greater than One Meter. A satellite dish that is greater than one meter in diameter, is not located within a required front yard or side yard abutting a street, and is screened from view from any public right-of-way and adjoining property.

iii.

Antennas. An antenna that is mounted on any existing building or other structure that does not exceed twenty-five feet in height. The antenna shall be for the sole use of a resident occupying the same residential parcel on which the antenna is located.

b.

Non-residential Districts.

i.

Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted anywhere on a lot in a non-residential district so long as the location does not reduce required parking, diminish pedestrian or vehicular access, or require removal of required landscaping.

ii.

Satellite Dish Greater than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required front yard or side yard abutting a street and is screened from view from any public right-of-way and adjoining property.

iii.

Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of thirty feet, or twenty-five feet if located within twenty feet of a residential district.

iv.

Freestanding Antennas. A free standing antenna and its supporting tower, pole, or mast that complies with all applicable setback requirements when the overall height of the antenna and its supporting structure does not exceed a height of thirty feet or twenty-five feet if located within twenty feet of a residential district.

v.

Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

7.

Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

8.

Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment, that meet the standards set forth in this section and will have little or no change in the visual appearance of the facility.

B.

Permit Requirements.

1.

Replacement, Removal, or Co-location of Transmission Equipment (Eligible Facilities Request). The colocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is permitted by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.

2.

Stealth Facilities. Stealth facilities in which the antenna, and sometimes the support equipment, are hidden from view in a structure or concealed as an architectural feature, are permitted in all districts subject to conditional use permit approval.

3.

Co-located Facilities. Permitted by right when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

4.

Non-stealth Facilities. Permitted in the LI district and GI district subject to conditional use permit approval.

C.

Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1.

Location and Siting.

a.

No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within one thousand feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.

b.

All wireless telecommunication facilities shall meet the building setback standards of the district which they are to be located.

c.

When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this section.

d.

When determined to be feasible and consistent with the purposes and requirements of this section, the director shall require the applicant to make unused space available for future co-location of other telecommunication facilities, including space for different operators providing similar, competing services.

2.

Support Structures. Support structures for telecommunication facilities may be any of the following:

a.

An existing non-residential building.

b.

An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

c.

An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

d.

Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.

e.

A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for co-location of at least one other similar communications provider.

f.

A monopole mounted on a trailer or a portable foundation if the use is for a temporary communications facility.

Height Requirements.

a.

Freestanding Antenna or Monopole. A freestanding antenna or monopole shall not exceed a height of fifteen feet above the height limit of the district in which it is located.

b.

Building-Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of fifteen feet above the height limit of the district or fifteen feet above the existing height of a legally established building or structure, whichever is lower, measured from the top of the facility to the point of attachment to the building.

c.

Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to fifteen feet above the height of an electric utility pole.

d.

Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

4.

Design and Screening. Telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

a.

Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.

b.

Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

c.

Minimum Functional Height. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it

can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.

d.

Camouflage Design. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

e.

Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.

f.

Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.

g.

Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

h.

Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

5.

Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a.

Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b.

Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

Radio Frequency Standards, Interference, and Noise.

a.

Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b.

Interference. Telecommunications facilities shall not interfere with public safety radio communications.

c.

Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any non-residential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

7.

Co-location. The applicant and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in co-locating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of colocation, and may include negotiations for erection of a replacement support structure to accommodate colocation. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

a.

All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third party technical study at applicant's expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

b.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

c.

No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

d.

Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

8.

Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

a.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

b.

The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the building code.

c.

Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

d.

Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

9.

Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a

telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

D.

Required Findings.

1.

General Findings. In approving a telecommunication facility, the decision-making authority shall make the following findings:

a.

The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

b.

The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish colocation;

c.

The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

d.

The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible.

2.

Additional Findings for Facilities Not Co-Located. To approve a telecommunication facility that is not colocated with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower the decision-making authority shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:

a.

Would have more significant adverse effects on views or other environmental considerations;

b.

Is not permitted by the property-owner;

c.

Would impair the quality of service to the existing facility; or

d.

Would require existing facilities at the same location to go off-line for a significant period of time.

3.

Additional Findings for Setback Reductions. To approve a reduction in setback, the decision-making authority shall make one or more of the following findings:

a.

The facility will be co-located onto or clustered with an existing, legally established telecommunication facility; and/or

b.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

4.

Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or State law.

E.

Vacation and Removal of Facilities. The service provider shall notify the director of the intent to vacate a site at least thirty days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A.

Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits, may be required.

1.

Garage and Yard Sales. Sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.

a.

No more than two garage/yard sales shall be conducted on a site in any calendar year.

b.

No single sale event shall be conducted for longer than three consecutive days.

c.

Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

d.

Garage sales shall be conducted between the hours of 8:00 a.m. and 7:00 p.m.

e.

A maximum of four off-site directional signs, not to exceed eighteen inches by twenty-four inches, shall be permitted. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or in the public right-of-way.

f.

The display of property for sale shall be located at least five feet from the property line.

2.

Non-Profit Fund Raising. Fund raising sales for up to three days per event is permitted on a site by a nonprofit organization, not to be conducted more frequently than three times per year per site.

3.

Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the director.

4.

Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments are subject to the following requirements:

a.

Time Limits.

i.

Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of the development, whichever occurs first.

ii.

Model Homes. Model homes may be established and operated for a term period of four years or until completion of the sale of the lots or units, whichever comes first. One year extensions may be approved by the zoning administrator until the sale of all lots/residences is completed.

b.

Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.

c.

Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.

B.

Temporary Uses Requiring a Minor Use Permit. Other temporary uses may be permitted with minor use permit approval, subject to the following.

1.

Standards. Temporary uses authorized through a minor use permit are subject to the following standards. Additional or more stringent requirements may be established through the minor use permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

a.

Mobile Vendor Services. Mobile vendor services may be permitted in accordance with the following standards:

i.

Display of Permits. The mobile vendor shall display current business tax certificate, health department permit (and decal), and mobile vending permit in plain view and at all times on the exterior of the vending vehicle.

ii.

Type of Vehicle. The mobile vending vehicle shall be a self-propelled vehicle maintained in operating condition at all times. The vehicle shall not become a fixture of the site and shall not be considered an improvement to real property.

iii.

Products. Operations are limited to the sales of food and beverage items for immediate consumption.

iv.

Site Condition. The site shall be maintained in a safe and clean manner at all times. Exterior storage of refuse, equipment or materials associated with the mobile vending service is prohibited.

b.

Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards:

i.

Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

ii.

Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

c.

Special Events and Sales. Other short term special events that do not exceed three consecutive days, may be permitted in accordance with the following standards:

i.

Location. Events are limited to non-residential districts.

ii.

Number of Events. No more than four events at one site shall be allowed within any twelve-month period.

iii.

Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four square feet in area.

iv.

Existing Parking. The available parking shall not be reduced to less than sixty-six percent of the minimum number of spaces required by Chapter 17.23, Parking and Loading.

v.

Time Limit. When located adjacent to a residential district, the hours of operation shall be limited to 9:00 a.m. to 7:00 p.m.

vi.

Temporary Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand opening events, and other special sales events—are also subject to the following standards:

(1)

Temporary outdoor sales shall be part of an existing business on the same site.

(2)

Outdoor display and sales areas shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

(3)

Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

2.

Application. An application for a minor use permit for a temporary use shall be submitted at least forty-five days before the use is intended to begin. The application shall be on the required form and shall include the written consent of the owner of the property or the agent of the owner.

3.

Required Findings. The community development director may approve an application for a temporary use only upon making both of the following findings:

a.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the city; and

b.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

4.

Conditions of Approval. In approving a minor use permit for a temporary use, the director may impose reasonable conditions deemed necessary to ensure compliance with the findings listed above, including, but not limited to: regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports, and temporary structures and electrical service. The director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

C.

Temporary Uses Requiring a Conditional Use Permit. Other temporary events and special events, outdoor sales, and displays that exceed three consecutive days, may be allowed with the approval of a conditional use permit so long as they are not intended to extend longer than one month and they are determined to not impact neighboring uses or otherwise create significant impacts.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

Tobacco retailers shall be located, developed, and operated in compliance with the following standards:

A.

Location. Tobacco retailers shall be located a minimum of one thousand feet from any other such establishment, public park, child day care facility, or school.

B.

Access to Merchandise. Products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

C.

Advertising and Display of Tobacco Products. Tobacco retailers shall comply with local, state and/or federal laws regarding sales, advertising or display of tobacco products, including, posting a sign prominently near the cash register or other point of sale, the legal age to buy tobacco products and checking the identification of all purchasers to ensure they are of legal age.

D.

Selling or Exchange of Tobacco Products. No minor person may sell or exchange tobacco products.

E.

Sales to Minors. Tobacco products shall not be given or sold to minors.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A guesthouse is an accessory building used for living accommodations, including provisions for sleeping and sanitation. Guesthouses may not have kitchens or wet bars. Guesthouses may only be built on residential-zoned lots with single-family homes. Guesthouses are meant to be used on occasion by guests of the household living in the main house.

A.

Location.

1.

Front and Street-Side Setbacks. A guesthouse shall not be located within any required front or street-side setback area.

2.

Interior-Side and Rear Setbacks. A guesthouse shall be setback a minimum of five feet from interior side; and a minimum of ten feet from street side and rear property lines.

B.

Size. A guesthouse may have a gross floor area up to ten percent of the main house gross living area or two hundred seventy-five feet, whichever is larger.

C.

Additional Regulations.

1.

A guesthouse may not have a kitchen or a wet bar.

2.

A guesthouse may not be rented or sold.

3.

A parcel may not have both a guesthouse and an accessory dwelling unit.

4.

The minimum distance between a detached guesthouse and the main house or any other detached structure is six feet.

5.

A building permit is required to build a guesthouse. Like all structures, the guesthouse must comply with zoning regulations and the building code. Standard building permit application fees apply for guesthouses.

6.

Guesthouses are not separate dwellings, and therefore may not have a separate address.

7.

A guesthouse must be heated and must meet the state energy conservation standards.

(Ord. No. 516, § 4(Exh. A), 9-26-2019)

Chapter 17.27 - AFFORDABLE HOUSING

The purpose of this chapter is to:

A.

Enhance the public welfare by ensuring that future residential projects contribute to the attainment of the affordable housing goals set forth in the housing element of the city general plan.

B.

Increase the production of residential units in Newark that are affordable to households of very low, low, and moderate income.

C.

Facilitate a cooperative effort between the city and the housing development community for the provision of affordable housing to all economic segments of the community.

D.

Ensure that units affordable to households of very low, low and moderate income are distributed throughout the city's various neighborhoods.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

17.27.020 - Definitions.

For purposes of this chapter, each of the following terms is defined as follows:

"Additions" are increases in habitable space to an existing building or structure.

"Affordable housing agreement" means a contractually binding timebound agreement between the city and a developer of a residential project documenting all of the developer's obligations pursuant to this chapter to implement an approved affordable housing program.

"Affordable housing cost" means the housing cost for dwelling units as defined by California Health and Safety Code section 50052.5 for owner-occupied housing and the affordable rent for rental units as defined by California Health and Safety Code section 50053, as applicable.

"Affordable housing developer" means a developer with experience constructing, owning and operating no fewer than four affordable residential projects in the state in the last ten years or a developer that is otherwise approved by the city manager.

"Affordable housing program" means a method for providing the affordable units in the proposed residential project, a method for a payment in-lieu of providing affordable units, or a combination thereof, pursuant to Section 17.27.060.

"Affordable unit" means a for-sale or rental dwelling unit, restricted to an affordable housing cost for households with very low, lower or moderate incomes as defined in this chapter.

"Area median income" or "AMI" means the annual median income for Alameda County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the County of Alameda in the event that such median income figures are no longer published periodically in the California Code of Regulations.

"Average AMI" means the mean of the household income level to which affordable units shall be made available.

"Building permit" means full structural building permits as well as partial permits for other vertical construction of the residential project.

"Construction phase" means either:

A.

The area included within one city approved tentative subdivision map for a residential project where a single final map implements the entire approved tentative map;

B.

The area included within each separate final map for a residential project where multiple final maps implement the entire approved tentative map; or

C.

An area designated as a construction phase in an approved affordable housing agreement.

"Developer" means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the city.

"Dwelling unit" shall have the definition given for dwellings in Section 17.46.040 of this code.

"For-sale" means and refers to any separately conveyable dwelling unit, including a condominium, stock cooperative, community apartment, or attached or detached single-family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located or for the creation of the unit in accordance with the Subdivision Map Act (California Government Code section 66410 et seq.) after compliance with the applicable requirements of the Subdivided Lands Act (California Business and Professions Code section 11000 et seq.).

"Habitable space" means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes.

"Large project" means a residential project with ten or more dwelling units.

"Lower income" shall have the definition given in California Health and Safety Code section 50079.5.

"Market rate unit" means a dwelling unit in a residential project that is not restricted to an affordable housing cost.

"Moderate income" shall have the definition given in California Health and Safety Code section 50093(b) except that the household shall earn no more than one hundred twenty percent of the area median income.

"Resale controls and/or rent restrictions" means legal restrictions, as set forth by the city, state and federal law, by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, lower or moderate income households, as applicable, permanently or for the longest period allowed by law. Such resale controls and/or rental restrictions shall generally be consistent with the requirements of Health and Safety Code section 33334.3(f), as amended from time to time, and as may be more particularly set forth in this chapter. With respect to rental units, such rent restrictions shall generally be memorialized in

the form of a regulatory agreement recorded against the applicable property. With respect to for-sale units, such resale controls shall generally be in the form of resale restrictions, deeds of trust and/or other similar documents recorded against the applicable property.

"Rental" means and refers to a dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold separately from any other dwelling unit as

a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (California Government Code section 66410 et seq.), or any residential project including such rental dwelling units.

"Residential project" includes, without limitation, contiguous or non-contiguous parcels under the same ownership or control that have one or more applications filed within a twenty-four-month period for detached single-family dwellings, attached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include dwelling units, and residential land subdivisions intended to be sold to the general public. All non-exempt residential projects are required to comply with the provisions of this chapter.

"Site control" means possession of a parcel in fee title or leasehold of at least fifty-five years, or an irrevocable right to acquire a parcel as demonstrated by a purchase and sale agreement, exclusive negotiating agreement, option agreement to purchase or lease the parcel, or similar, and valid for at least two years from date of submittal of initial application to the city.

"Small project" means a residential project with nine or fewer dwelling units.

"Very low income" means a household earning no more than the amount defined by California Health and Safety Code section 50105.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

17.27.030 - General requirements.

A.

Ten Percent Requirement. All large projects designed and intended for permanent occupancy located in any zoning district, for which an application for any use permit, design review approval or subdivision map is filed, shall maintain ten percent of the total number of dwelling units within the development as affordable units, according to the terms of this chapter. All other large projects shall comply with Chapter 17.18. The foregoing requirement shall be applied no more than once to an approved residential project, regardless of changes in the character or ownership of the development, provided the total number of dwelling units does not change.

B.

Affordability Levels. Affordable units provided pursuant to subsection A of this section shall be made affordable to very low, lower and moderate income households with an Average AMI at or below fifty percent of the area median income for rental residential projects and at or below one hundred ten percent of the area median income for for-sale residential projects. For rental residential projects, the affordable housing cost for affordable units shall not exceed what is affordable to a household at eighty percent of the area median income. For for-sale residential projects, the affordable housing cost shall not exceed what is affordable to a household at one hundred twenty percent of the area median income. Affordability restrictions for each affordable unit shall generally be memorialized in the form of a regulatory agreement or covenant recorded against the applicable property.

C.

Conditions of Approval. Any tentative map, use permit or design review approval approving a large project meeting the foregoing criteria shall contain conditions sufficient to ensure compliance with the provisions of this chapter. Such conditions shall specify the schedule of construction of affordable units, the number of affordable units, and appropriate resale controls and rental restrictions.

D.

Concurrent Construction. All affordable units in a large project or construction phase of a large project shall be made available for occupancy concurrently with or in advance of the market rate units.

E.

Design and Distribution of Affordable Units. Unless the city, at its sole discretion, and in cooperation with the developer, approves an alternative means of compliance pursuant to Section 17.27.060, all affordable units shall reflect the range of unit sizes as categorized by number of bedrooms provided in the residential project as a whole, have access to the amenities provided to market rate units in the project, and shall not be distinguished by exterior design, construction, or materials, and shall be reasonably dispersed throughout the project as determined by the community development director.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

A.

Agreements. Prior to the issuance of a certificate of occupancy, resale restrictions and/or rental controls, as applicable, all of which must be acceptable to the community development director and be consistent with the requirements of this chapter, shall be recorded against parcels having affordable units. For for-sale projects, the resale restrictions shall be effective for ninety-nine years, and the ninety-nine-year period shall restart with each resale of the affordable unit. For rental projects the rental controls shall be effective for ninety-nine years, or the longest term allowable by law. A developer may request a term of affordability of less than ninety-nine years, but not less than fifty-five years, by demonstrating that the term of affordability would otherwise make the affordable units financially infeasible.

B.

Right of First Refusal. The resale restrictions shall provide that in the event of the sale of an affordable unit, the city shall have the right to purchase any affordable for-sale unit at the maximum prices which could be charged to an eligible household.

C.

Selection Criteria. No household shall be permitted to occupy an affordable unit unless the city or its designee has approved the household's eligibility. For for-sale units, eligibility shall be determined prior to sale of the dwelling unit. For rental units, eligibility shall be determined prior to initial occupancy of the dwelling unit, and on an annual basis thereafter. Eligible potential occupants of affordable units will be qualified on the basis of household income, the area median income, all sources of household income and

assets, a relationship between household size and the size of available units, and any further criteria required by law. The developer or designee shall use an equitable selection method established in conformance with the terms of this chapter. No distinction will be made between adults and children. All persons in each of the following categories of otherwise qualified persons shall be selected before persons from the next succeeding category are selected:

1.

First priority: persons who have been displaced by the proposed residential project.

2.

Second priority: persons who live or work within the city.

3.

Third priority: all other eligible persons.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

A.

It is the intent of this chapter that its requirements of construction and maintenance of affordable units shall not depend upon the availability of any government subsidies. This is not to preclude the use of such programs or subsidies where available, however, and it is anticipated that subsidies of rental units may be available from federal, state, or regional agencies on an ongoing basis.

B.

Technical and Financial Assistance. Upon request, the city or its designee may provide assistance to developers concerning information regarding financial subsidy programs and economic analysis designed to indicate the most suitable methods by which the terms of this chapter may be implemented.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

This chapter is not intended to inhibit residential projects where providing affordable units is otherwise infeasible or impractical. Under certain circumstances, a developer may satisfy the requirements to provide affordable units pursuant to Section 17.27.030 (general requirements) through the following means, as documented by an affordable housing agreement:

A.

Large Project In-Lieu Fee. Subject to city council approval, the developer may satisfy requirements through payment of the large project in-lieu fee for any or all required affordable units. The large project in-lieu fee shall be paid prior to the issuance of a building permit for each dwelling unit in the project. The large project in-lieu fee shall be set forth in the city's master fee schedule or by other action of the city council. The large

project in-lieu fee amount may be amended from time to time by the city council by resolution, to meet inflationary increases, and the amount shall be set forth in the city's master fee schedule.

B.

Clustered Affordable Units. Subject to city council approval, with any conditions as may be required by the city, the developer may satisfy requirements to provide affordable units by clustering affordable units within the same site as the residential project or a site contiguous thereto. The clustered affordable units shall comply with all standards of subsection 17.27.030(E), except the standard requiring reasonable dispersal throughout the project. An application for clustered affordable units shall demonstrate the following:

1.

The general requirements of Section 17.27.030 establish a financial burden that would otherwise make the residential project infeasible.

2.

Property management and resident services for the affordable units will be comparable to the unrestricted units and better meet the needs of moderate or lower income households.

C.

Off-Site Affordable Unit Development. Subject to city council approval, the developer may satisfy requirements to provide affordable units by causing the affordable units to be constructed on a noncontiguous site. An application for off-site affordable unit development shall demonstrate the following, unless otherwise authorized by the city council:

1.

The general requirements of Section 17.27.030 establish a financial burden that would otherwise make the residential project infeasible.

2.

Development of affordable units under the proposed alternative means of compliance is financially feasible.

3.

The affordable units will be made available for occupancy concurrently with or in advance of the market rate units.

4.

The developer's site control of the non-contiguous site.

5.

The non-contiguous site's capacity to accommodate the required affordable units as determined at the city's sole discretion.

6.

The developer's written partnership with a qualified affordable housing developer if the developer does not propose to construct the affordable units themselves.

7.

Property management and resident services for the affordable units will be comparable to the market rate units and better meet the needs of moderate or lower income households.

D.

Site Dedication. Subject to city council approval, the developer may satisfy requirements to provide affordable units by transferring fee title of a site to the city or, an affordable housing developer approved by the city, for development of the affordable units. The city shall not be required to construct affordable units itself, but may sell, lease, or otherwise transfer the dedicated site to an affordable housing developer for development of the affordable units. Any funds collected by the city as a result of the transfer to an affordable housing developer shall be deposited into the City of Newark Affordable Housing Impact Fee

Fund and used in accordance with Section 17.27.130. An application for site dedication shall demonstrate the following standards:

1.

The general requirements of Section 17.27.030 establish a financial burden that would otherwise make the residential project infeasible.

2.

The site proposed for dedication is competitive for public subsidy programs and the required affordable units are financially feasible on the site.

3.

The site proposed for dedication is appraised at a value equal to or greater than the value of the housing impact fee.

4.

The developer has site control of the site proposed for dedication.

5.

The site proposed for dedication has sufficient capacity to accommodate the required affordable units.

6.

Development of the site proposed for dedication will provide an equal to or greater number of affordable units as would be provided through adherence to the requirements of this chapter.

E.

Other Contractually Binding Alternative Means of Compliance. The city council, in its discretion, may permit a developer to comply with the purpose of this chapter for a particular residential project through implementation of an alternative affordable housing program instead of by compliance with the provisions of this chapter if:

1.

Such alternative affordable housing program is set forth in a binding agreement, including, but not limited to, a government code development agreement, disposition and development agreement, disposition and development loan agreement, owner participation agreement, or affordable housing agreement with the city;

2.

The city council finds that such alternative affordable housing program will provide an equal to or greater than level of affordable units as would be provided through adherence to the requirements of this chapter.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

This chapter is not intended to place any unreasonable burden upon developers of residential projects, and for that reason confers significant economic and land use benefits thereon, as set forth below:

A.

Density Bonus.

1.

The limitations upon residential density contained in Title 17 shall be deemed modified to the extent required by the terms of this chapter. The city, upon request, may approve an increase in the number of dwelling units permitted in a proposed residential project governed by this chapter, when such an increase in density is consistent with state density bonus law per Section 65915 of the State Government Code and Chapter 17.19 of this code. The dwelling units or parcels designated to meet the requirements of the city's affordable housing program shall count toward qualifying the proposed residential development for a density bonus.

2.

A developer proposing affordable units may request to have the provisions required under this chapter incorporated into any density bonus agreement required pursuant to California Government Code section 65915 et seq. and Chapter 17.19 of this code or for affordable housing streamlining pursuant to state law.

B.

Small Project In-Lieu Fees. A developer may satisfy the requirements to provide affordable units pursuant to Section 17.27.030 (general requirements) through the payment of the small project in-lieu fee; provided, that the proposed residential project has no more than nine dwelling units. The small project in-lieu fees

shall be paid prior to the issuance of a certificate of occupancy. The small project in-lieu fee shall be set forth in the city's master fee schedule or by other action of the city council. The small project in-lieu fee amount may be amended from time to time by the city council by resolution, to meet inflationary increases, and the amount shall be set forth in the city's master fee schedule. Any small project in-lieu fees collected from a small project will be committed to an affordable housing project pursuant to Section 17.27.130.

C.

Fractional Units. In large projects where the calculation of the units required by Section 17.27.030(A) results in a fraction of a unit, such a fraction shall be paid in the form of the large project in-lieu fee, or the developer may elect to build an additional affordable unit. The fractional in-lieu fee payment shall be calculated as follows: fractional unit divided by the total affordable units required, multiplied by the per square foot large project in-lieu fee rate, multiplied by the total habitable space in the residential project.

D.

Negotiated Compliance. The city may, subject to city council approval, adjust the required affordability levels of a particular residential project on a case-by-case basis if it is deemed necessary and appropriate by the city to maximize the best suited development for a site.

E.

Waiver of Requirements. The city may, subject to city council approval, waive the requirements of this chapter if there are unusual development costs associated with the property that would otherwise prevent the residential project from proceeding. Typically, such a condition would involve excessive costs inherent on the property, such as environmental contamination.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

A.

Any person aggrieved by any action involving denial, suspension or revocation of an occupancy or other permit, or denial, suspension or revocation of any development approval, may appeal such action or determination in the manner provided for by Section 17.31.110.

B.

Any developer or other person who contends that his or her rights conferred by this chapter have been adversely affected by any determination or requirement of any agency designated by the city as its administrative agent may notify the chief executive officer of said agency to that effect in writing, stating relevant facts. All such contentions shall be considered exclusively by said agency in accordance with such procedures as they may be established. In instances in which violations of this chapter or any agreement with the city on the part of said agency is alleged, city shall take appropriate investigative and corrective actions.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

Residential projects which fall within one or more of the following categories shall not be subject to the requirements of this chapter:

A.

Accessory Dwelling Unit. The construction of an accessory dwelling unit or junior accessory dwelling unit.

B.

Government Property. Residential projects located on property owned by the State of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes.

C.

Damaged Property. Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, and construction of the replacement building begins within one year.

D.

Vested Rights. Residential projects to the extent they have received a vested right to proceed without payment of housing impact fees pursuant to state law including those that are the subject of development agreements currently in effect with the city, if such development agreements were approved prior to the effective date of this chapter and where such agreements expressly preclude the city from requiring payment of the housing impact fee.

E.

Prior Application. Residential projects as set forth in an application for a building permit, use permit, rezoning or similar discretionary approval accepted as complete by the city prior to the effective date of this title; however, any extension or modification of such approval or permit after such date shall not be exempt. Residential projects that are exempt pursuant to this section shall still be required to comply with Chapter 17.18.

F.

Affordable Housing. Housing for extremely low, very low, low, or moderate income households that fully mitigates the residential development's impacts on the need for affordable housing.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

17.27.100 - Monitoring and enforcement.

A.

The provisions of this chapter shall apply to all agents, successors and assignees of a developer proposing a residential project governed by this chapter. No rezoning tentative map, parcel map, use permit, design review approval, building permit, or other entitlement shall be approved for any residential project unless exempt from or in compliance with the terms of this chapter.

B.

The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny or suspend any permit or development approval.

C.

To the extent permissible by law, the city may require developers of affordable units and their successors and assignees to submit an annual report documenting compliance with the approved affordable housing program and/or conditions of approval, including selection criteria and resale controls and/or rent restrictions. Requirements may be published in the city's administrative guidance.

D.

To the extent permissible by law, the city may charge a fee to recoup the costs of confirming household eligibility for an affordable unit and compliance with resale controls and/or rent restrictions. Such costs shall be enumerated in an affordable housing agreement for the residential project, or the city's published administrative guidance.

E.

To ensure continued relevancy of this chapter and so as not to preclude future development or diminish the production of affordable units in the city, city council shall review this chapter no later than January 1, 2029, and every three years thereafter.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

17.27.110 - Housing in-lieu fund.

All fees collected pursuant to Section 17.27.060 shall be deposited into a separate account to be designated the city housing in-lieu fund. The fees collected pursuant to Section 17.27.060, Section 17.27.070(B), Section 17.27.070(C), and all earnings from investment of the fees shall be maintained and expended in accordance with applicable law, and exclusively provide or assure continued provision of affordable housing in the city through acquisition, construction, development assistance, rehabilitation, financing, or other methods, and for costs of administering these programs. Funds may be used for the reasonable and actual administrative costs directly related to the provision of affordable housing financed by the fund. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the city and, to the extent feasible, shall be utilized to provide for moderate, low, very low, and extremely low income housing. The fees collected shall be administered by the city manager or designee, who may develop procedures to implement the purposes of the housing fund consistent with the requirements of this chapter and any adopted budget of the city.

(Ord. No. 560, § 4(Exh. B), 1-22-2026)

Chapter 17.28 - RESERVED Chapter 17.29 - RESERVED DIVISION IV. - ADMINISTRATION AND PERMITS

Chapter 17.30 - PLANNING AUTHORITIES

The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the zoning ordinance. Subsequent chapters provide detailed information on procedures, applications, and permits. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.30.020 - City council.

The powers and duties of the city council under this title include, but are not limited to the following:

A.

Consider and adopt, reject or modify amendments to the general plan map and text pursuant to the provisions of Chapter 17.38, Amendments to General Plan, and of the Government Code, following a public hearing and recommended action by the planning commission.

B.

Consider and adopt amendments to the zoning map and to the text of this title pursuant to the provisions of Chapter 17.39, Amendments to Zoning Ordinance and Map, and the Government Code, following a public hearing and recommended action by the planning commission.

C.

Adopt guidelines for design review pursuant to Chapter 17.34, Design Review.

D.

Hear and decide applications for development agreements, pursuant to Chapter 17.40, Development Agreements.

E.

Hear and decide appeals from decisions of the planning commission pursuant to Section 17.31.110, Appeals.

F.

Call for review a decision of the director, zoning administrator, or planning commission pursuant to Section 17.31.100, Calls for Review.

G.

Appoint and remove members of the planning commission as provided for in Title 2, Administration and Personnel, of the Newark Municipal Code.

H.

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The planning commission is established and organized pursuant to Chapter 2.12, Planning Commission, of the Newark Municipal Code and the requirements of the Government Code. The powers and duties of the planning commission under this title include, but are not limited to the following:

A.

Conduct hearings and make recommendations to the city council on proposed amendments to the general plan map and text, pursuant to Chapter 17.38, Amendments to General Plan.

B.

Conduct hearings, and make recommendations to the city council on proposed amendments to the zoning map and to the text of this title, pursuant to Chapter 17.39, Amendments to Zoning Ordinance and Map.

C.

Approve, conditionally approve, modify, or deny conditional use permits and variances, pursuant to Chapter 17.35, Use Permits, and Chapter 17.36, Variances.

D.

Hear and decide on modifications to approved conditional use permits and variances, pursuant to Section 17.31.140, Modification of Approved Plans.

E.

Hear and decide proposals to revoke permits, pursuant to Section 17.31.150, Revocation of Permits, following a public hearing.

F.

Hear and decide appeals from decisions of the community development director or the zoning administrator on decisions, determinations, or interpretations made in the enforcement of this title and any other decisions that are subject to appeal, pursuant to Section 17.31.110, Appeals.

G.

Call for review a decision of the director or zoning administrator pursuant to Section 17.31.100, Calls for Review.

H.

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act pursuant to State law.

I.

Prepare and recommend to the city council for adoption guidelines for conducting design review, pursuant to Chapter 17.34, Design Review.

J.

Conduct design review on any approvals it grants that are subject to design review pursuant to Chapter 17.34, Design Review.

K.

Such other duties and powers as assigned or directed by the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The following powers and duties of the community development director (the "director") under this title include, but are not limited to the following:

A.

Maintain and administer the zoning ordinance, including processing of applications, abatements and other enforcement actions.

B.

Interpret the zoning ordinance to members of the public and to other city departments.

C.

Prepare and effect rules and procedures necessary or convenient for the conduct of the director's business. These rules and procedures shall be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings officiated by the director (e.g., scheduling, rules of procedure and recordkeeping).

D.

Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

E.

Review applications for permits and licenses for conformance with this title and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

F.

Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

G.

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

H.

Process and make recommendations to the city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under this title.

I.

Process and make recommendations to the planning commission on all applications, appeals and other matters upon which the commission has the authority and the duty to act under this title.

J.

Conduct design review pursuant to Chapter 17.34, Design Review.

K.

Approve, conditionally approve, modify or deny applications for minor use permits, pursuant to Chapter 17.35, Use Permits.

L.

Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

M.

Negotiate the components and provisions of development agreements for recommendation to the city council.

N.

Serve as staff of the planning commission.

O.

Investigate and make reports to the planning commission on violations of permit terms and conditions when the city has initiated revocation procedures.

P.

Delegate administrative functions to members of the planning division as deemed necessary.

Q.

Serve as or appoint a zoning administrator pursuant to Section 17.30.050, Zoning Administrator.

R.

Other duties and powers as may be assigned by the city council or established by legislation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The zoning administrator is a city staff member appointed by the director with the following powers and duties.

A.

Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 17.37, Waivers.

B.

Decide requests for minor modifications to approved permits, pursuant to Section 17.31.140, Modification of Approved Plans.

C.

Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

D.

Other duties and powers as may be assigned by the director.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.31 - COMMON PROCEDURES

17.31.010 - Purpose.

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or state law.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the director, of the right to use and possess the property as applied for, shall accompany the application.

B.

Application Forms and Materials.

1.

Application Forms. The director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

2.

Supporting Materials. The director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3.

Availability of Materials. All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the planning division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C.

Application Fees.

1.

Schedule of Fees. The city council shall approve by resolution a master fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2.

Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

3.

Multiple Applications. The city's processing fees are cumulative. For example, if an application for design review also includes a conditional use permit, both fees shall be charged.

4.

Fee Waiver. No fee shall be required when the applicant is the city, or if it is waived under any other provision of the Municipal Code.

5.

Refund of Fees. Application fees are refundable at the discretion of the director with good cause unless otherwise provided for in the Newark Municipal Code or by policy of the city council.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Pre-application review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large or complex projects and projects that are potentially controversial.

A.

Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.31.030, Review of Applications.

B.

Review Procedure. The planning division shall conduct pre-application review. The director may consult with or request review by any city agency or official with interest in the application.

C.

Recommendations are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by city representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the city.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Review Process. The director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee.

B.

Incomplete Application. If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1.

Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

2.

Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.31.110, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal is permitted to both the planning commission and the city council does not extend the sixty-day period.

3.

Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the director, which shall be no sooner than thirty days. The director may grant one extension of up to ninety days.

4.

Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C.

Complete Application. When an application is determined to be complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time.

D.

Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern city procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law as follows:

A.

Mailed Notice. At least ten days before the date of the public hearing or fifteen days before the date of action when no public hearing is required, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

1.

The applicant, the owner, and any occupant of the subject property;

2.

All property owners of record within a minimum five hundred-foot radius of the subject property as shown on the latest available assessment role or a larger radius if deemed necessary by the director in order to provide adequate public notification;

3.

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

4.

Any person or group who has filed a written request for notice regarding the specific application.

B.

Posted Notice. The applicant shall post a notice, in a format approved by the planning division, in a prominent place on the site for the ten days prior to a public hearing.

C.

Newspaper Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

D.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

E.

Contents of Notice. The notice shall include the following information:

1.

The location of the real property, if any, that is the subject of the application;

2.

A general description of the proposed project or action;

3.

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4.

The identity of the hearing body or officer;

5.

The names of the applicant and the owner of the property that is the subject of the application;

6.

The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

7.

A statement that any interested person or authorized agent may appear and be heard;

8.

A statement describing how to submit written comments; and

9.

For council hearings, the planning commission recommendation.

F.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows:

A.

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B.

Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the director.

C.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

D.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.

G.

Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

H.

Decision. The public hearing shall be closed before a vote is taken.

• (Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.31.080 - Timing and notice of action and findings required.

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this title.

A.

Date of Action. The responsible authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the city council in accordance with Section 17.31.110, Appeals. Time extensions may be granted pursuant to Section 17.31.130, Expiration and Extension.

1.

Project Exempt from Environmental Review. Within thirty days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.

2.

Project for which a negative declaration or mitigated negative declaration is prepared. Within sixty days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall take action on the accompanying discretionary project.

3.

Project for which an EIR is Prepared. Within one hundred eighty days from the date the decision-making authority certifies a final EIR, the city shall take action on the accompanying discretionary project.

B.

Notice of Action. After the zoning administrator, director or planning commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, shall list the findings that were the basis for the decision, and shall include the procedure for appealing the decision. The director shall file the notice with the city clerk and mail the notice to the applicant, to the members of the city council and the planning commission, and to any other person or entity that has filed a written request for such notification with the planning division.

C.

Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Scope. Any approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B.

Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or ensures compliance with permit's plans and conditions in all respects.

C.

Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be deemed null and void.

D.

Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Applicability. Notice of decision by the director or zoning administrator shall be communicated to the planning commission and city council members immediately after approval. Notice shall be made to each member individually and any calls for review shall be made as follows:

1.

A member of the planning commission may call for review of a decision of the director or zoning administrator.

2.

A member of the city council may call for review of a decision of the director, zoning administrator, or planning commission.

3.

If a decision is called for review by both the planning commission and the city council, the city council shall conduct the review.

4.

Such call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal.

B.

Time Limits. All calls for review shall be received within fourteen calendar days of the date which the decision was communicated to the planning commission and city council. In the event the fourteencalendar day period ends on a Saturday, Sunday, or any other day the city is closed, the time period shall end at the close of business on the next consecutive business day.

C.

Procedure.

1.

Design Review and Other Ministerial Actions. Where the call for review regards a design review or other ministerial action, the call for review shall be scheduled as a staff report item at the next available meeting of the body which called for review.

2.

Use Permits and Other Discretionary Actions. Where the call for review regards a use permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.31.110 - Appeals.

A.

Applicability. Any action by the zoning administrator, director, or planning commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.

1.

Appeals of Zoning Administrator Decisions. Decisions of the zoning administrator may be appealed to the planning commission by filing a written appeal with the planning division.

2.

Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.

3.

Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk.

B.

Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this title.

C.

Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within fourteen calendar days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next consecutive business day.

D.

Procedures.

1.

Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

2.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of city building permits and business licenses.

3.

Transmission of Record. The director, or in the case of appeals to the city council, city clerk, shall schedule the appeal for consideration by the authorized hearing body within forty-five days of the date the appeal is filed. The director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E.

Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

F.

Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to chapter 17.31, Common Procedures. Notice of the hearing shall also be given to

the applicant and party filing the appeal and any other interested person who has filed with the city clerk a written request for such notice. In the case of an appeal of a planning commission decision, notice of such appeal shall also be given to the planning commission. The planning commission may be represented at the hearing.

G.

Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A final decision on an application for any approval subject to appeal shall become effective after the expiration of the fourteen-calendar day appeal period following the date of action, unless an appeal is filed pursuant to Section 17.31.110, Appeals, or a member of the planning commission or city council call for review of a decision pursuant to Section 17.31.100, Calls for Review. No building permit or business license shall be issued until the 15th calendar day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the fourteen-calendar day period may be waived.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.31.130 - Expiration and extension.

A.

Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not exercised or extended within two years of its approval.

B.

Exercise of Use Permit. A permit for the use of a building or a property is exercised when, if required, a valid city business license has been issued, and the permitted use has commenced on the site.

C.

Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid city building permit, if required, is issued, and construction has lawfully commenced.

D.

Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within two years of the date of the approval.

• (Ord. No. 503, § 1(Exh. A), 1-25-2018)

No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this title. For the purpose of this section, the modification of a permit may include modification of a design review approval.

A.

Minor Modifications. The zoning administrator may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

B.

Major Modifications. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the zoning administrator may approve changes determined to be minor.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any permit granted under this title may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A.

Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, director, or zoning administrator.

B.

Public Notice, Hearings and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation.

C.

Required Findings. The planning commission may revoke or modify the permit if it makes any of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact;

2.

The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3.

The use in question has ceased to exist or has been suspended for six months or more;

4.

There is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or

5.

The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D.

Notice of Action. Following planning commission action to revoke or modify a permit, the director shall within seven days issue a notice of action describing the commission's action, with its findings. The director shall mail notice to the permit holder and to any person who requested the revocation proceeding.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director on such requests may be appealed under Section 17.31.110, Appeals.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.32 - ZONING CLEARANCE

This chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A zoning clearance is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Before the city may issue any building permit, subdivision approval, or lot line adjustment, the director shall review the application to determine whether the use, building, or change in lot configuration complies with

all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A.

Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 17.31.020, Application Forms and Fees. The director may request that the zoning clearance application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable design review, use permit, or variance approval.

B.

Determination. If the director determines that the proposed use or building is allowed as a matter of right by this title, and conforms to all the applicable development and use standards, the director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this title.

C.

Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or zoning regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.33 - CERTIFICATE OF OCCUPANCY

This chapter establishes procedures for issuing a certificate of occupancy to verify that buildings and the proposed use of land complies with all applicable building and health laws and ordinances and with the requirements of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No structure erected, moved, altered or enlarged after the effective date of this title shall be occupied or used, and no site shall be occupied or used until a certificate of occupancy has been issued by the building official.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Application for a certificate of occupancy shall be filed with the building official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a

change in use of any structure or site.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The building official shall issue a certificate of occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection; provided, that the structure or site and the intended use conform with all applicable building and health laws and ordinances and with the requirements of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.34 - DESIGN REVIEW

This chapter establishes the design review procedure to ensure that new development supports the goals and objectives of the general plan and other adopted plans and guidelines. The specific purposes of the design review process are to:

A.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

B.

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

C.

Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

A.

Additions, construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and

B.

Replacement of exterior materials, including openings, with the same materials.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Planning Commission. The planning commission shall have design review authority for all projects requiring planning commission approval (such as conditional use permits and variances).

B.

Director.

1.

The director shall have design review authority for all projects that do not meet the criteria listed in Subsection A for a decision by the planning commission.

2.

The director may refer items directly to the planning commission when in his/her opinion the public interest would be better served by having the planning commission conduct design review.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Forms and Fees. Written applications for design review applications shall be submitted to the planning division in compliance with the application procedures in Chapter 17.31, Common Procedures.

B.

Design Guidelines. All projects shall be consistent with applicable design guidelines. Design guidelines provide recommendations to be used in the design review process. They are intended to promote highquality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

C.

Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review application shall be submitted to the planning division as a part of the application for the underlying permit, use permit, or variance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Design Review Considerations. Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

1.

Building proportions, massing, and architectural details;

2.

Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

3.

Size, location, design, development, and arrangement of on-site parking and other paved areas;

4.

Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

5.

Height, materials, design, fences, walls, and screen plantings;

6.

Location and type of landscaping including selection and size of plant materials, and design of hardscape; and

7.

Size, location, design, color, lighting, and materials of all signs.

B.

Reduction in Density or Floor Area Ratio Prohibited. Design review shall not result in a reduction in the residential density or the allowable square footage of a proposed project.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the general plan and any applicable specific plan, any adopted design guidelines, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design review approval, projects must satisfy the following criteria to the extent they apply.

A.

The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.

B.

The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

C.

Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

D.

The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.

E.

Parking areas are designed and developed to buffer surrounding land uses; compliment pedestrianoriented development; enhance the environmental quality of the site, including minimizing stormwater runoff and the heat-island effect; and achieve a safe, efficient, and harmonious development.

F.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

G.

Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.34.070 - Notice of action; appeals; expiration, extensions, and modifications.

A.

Notice of Action.

1.

Design Review by the Director. Where design review is conducted by the director, notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action. In addition to the recipients identified in Subsection 17.31.080.B, Notice of Action, Notice shall also be provided as follows:

a.

Single-Unit Residential Development. First class mail delivery to all property owners within a minimum two hundred-foot radius of the subject property as shown on the latest available assessment role.

b.

Development Other Than Single-Unit Residential Development. First Class mail delivery to all property owners within a minimum four hundred-foot radius of the subject property as shown on the latest available assessment role.

2.

Design Review by the Planning Commission. Where design review is conducted by the planning commission, notice of action of design review shall be provided concurrently with the associated project approval (such as the conditional use permit or variance).

B.

Appeals. Design review decisions are subject to the appeal provisions of Section 17.31.110, Appeals.

C.

Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.35 - USE PERMITS

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Approval of a use permit is required for uses or developments specifically identified in Article II, Base and Overlay Districts, and/or any other section of this title which requires a use permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.35.030 - Review authority.

A.

Conditional Use Permits. The planning commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.

B.

Minor Use Permits. The zoning administrator shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter. The zoning administrator may, at his/her discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the planning commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a conditional use permit.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Applications for use permits shall be filed with the planning division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 17.35.060, Required Findings, below.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.35.050 - Public notice and hearing.

A.

Conditional Use Permits. All applications for conditional use permits shall require public notice and hearing before the planning commission pursuant to Chapter 17.31, Common Procedures.

B.

Minor Use Permits. Minor use permit applications do not require public notice or hearing.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

A.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the Municipal Code;

B.

The proposed use is consistent with the general plan and any applicable specific plan;

C.

The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

D.

Tax revenue generated by the development will exceed the city's cost of the service demand as a result of the development or a compelling community benefit will be provided.

E.

The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;

F.

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

G.

The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a use permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the city council;

B.

Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;

C.

Generate tax revenue in an amount that exceeds the city's cost of service demand as a result of the development or provide a compelling community benefit.

D.

Achieve the findings for a use permit listed in Section 17.35.060, Required Findings, above; or

E.

Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.35.080 - Notice of action; appeals; expiration, extensions, and modifications.

A.

Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B.

Appeals. A decision of the zoning administrator may be appealed to the planning commission and a decision of the planning commission may be appealed to the city council, as provided in Section 17.31.110, Appeals.

C.

Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.36 - VARIANCES

17.36.010 - Purpose.

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.36.020 - Applicability.

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Review Authority. The planning commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter.

B.

Application Requirements. Applications for a variance shall be filed with the planning division on the prescribed application forms in accordance with the procedures in Chapter 17.31, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested cariance conforms to the required findings set forth in Section 17.36.040, Required Findings.

C.

Public Notice and Hearing. An application for a variance shall require public notice and hearing before the planning commission pursuant to Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

After conducting a public hearing, the planning commission may approve or conditionally approve a variance application if all of the following findings are made. The commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning district, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone district;

B.

The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

C.

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D.

The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the general plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a variance, the planning commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.36.040, Required Findings, above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.36.060 - Notice of action; appeals; expiration, extensions, and modifications.

A.

Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B.

Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 17.31.110, Appeals.

C.

Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.37 - WAIVERS

The purpose of this chapter is to establish an alternate means of granting relief from the requirements of

this title when so doing would be consistent with the purposes of the title and it is not possible or practical to approve a variance. It also allows the director to grant waivers when necessary to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide reasonable accommodation to persons with disabilities seeking fair access to housing through a waiver of the application of the city's zoning regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.37.020 - Applicability.

Waivers may be granted as follows:

A.

Dimensional Requirements. Relief from dimensional requirements of property development standards specified in this title, not to exceed ten percent of the requirement, may be granted in accordance with the requirements of this chapter.

B.

Accommodation of Disabilities. A waiver of any zoning regulation where the waiver is necessary to allow improvements to an existing building in order to provide reasonable accommodations to individuals with disabilities. This waiver is not available in the case of new buildings, demolitions and rebuilds, or additions where the proposed construction precludes a reasonable accommodation that would not require a waiver.

C.

Exclusions. Waivers cannot be granted for any of the following standards:

1.

Lot area, width, or depth.

2.

Residential density.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Review Authority. The director shall approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this chapter.

B.

Concurrent Processing. If a request for a waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as that application.

C.

Application Requirements. An application for a waiver shall be filed to the director in accordance with Section 17.31.020, Application Forms and Fees. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are satisfied. The applicant shall also submit plans delineating the requested waiver.

D.

Review of Requests for Reasonable Accommodation to Ensure Access to Housing. The director shall issue a written decision within forty-five days of the date of the application and may grant the reasonable accommodation request, grant with waivers, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A decision to grant a waiver shall be based on the following findings:

A.

The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular

property boundaries, or other unusual circumstance.

B.

There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

C.

The granting of the requested waiver would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

D.

If the waiver requested is to provide reasonable accommodation pursuant to state or federal law, in addition to any other findings that this chapter requires, the decision-maker must also make the following findings:

1.

That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

2.

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under state or federal law;

3.

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

4.

That denial of the requested minor exception or waiver would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

In approving a waiver, the decision-maker may impose any conditions deemed necessary to:

1.

Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies adopted by the city council;

2.

Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;

3.

Achieve the findings for a waiver granted; or

4.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

B.

Waivers approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.37.060 - Notice of action; appeals; expiration, extensions, and revisions.

A.

Notice of Action. Notice of action shall be provided pursuant to Subsection 17.31.080.B, Notice of Action.

B.

Appeals. The applicant or any other aggrieved party may appeal a decision on waiver pursuant to the provisions of Section 17.31.110, Appeals.

C.

Expiration, Extensions, and Revisions. Waivers granted under this chapter are effective and may only be extended or revised as provided for in Chapter 17.31, Common Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.38 - AMENDMENTS TO GENERAL PLAN MAP AND TEXT

This chapter establishes procedures for making changes to the general plan as provided for in state law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in state or federal law and problems and opportunities that were unanticipated at the time of plan adoption or the last amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures of this chapter apply to all proposals to change the text of the general plan and the diagrams that illustrate the application of its provisions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An amendment to the general plan may be initiated by any qualified applicant identified in Section 17.31.020, Application Forms and Fees, or a motion of the city council or planning commission.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Application. A qualified applicant shall submit an application for a general plan amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

Coordination with Other Applications. The planning division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this zoning ordinance or Title 16, Subdivisions, of the Newark Municipal Code to be processed simultaneously with the proposed general plan amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.38.050 - Review procedures and public notice.

A.

Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for a general plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment will require amendment to other plans that the city council has adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B.

Public Hearing Required. All general plan amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C.

Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 17.31, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the Newark Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.38.060 - Planning commission hearing and recommendation.

A.

Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 17.31, Common Procedures.

B.

Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed general plan amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to the supporting the recommendation, and the relationship of the proposed amendment to applicable plans, and shall be transmitted to the city council in the form of a council memo, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.38.070 - City council hearing and action.

A.

City Council Hearing. After receiving the report from the planning commission, the city council shall hold a duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B.

City Council Action. After the conclusion of the hearing, the city council may approve, modify or deny the proposed amendment. If the council proposes any substantial modification not previously considered by the planning commission during its hearings, the proposed modification shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)