Title 17 — ZONING

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Title 17 - ZONING

Chapters:

Chapter 17.04 - GENERAL PROVISIONS

Sections:

There is adopted a zoning ordinance for the city of Orland, state of California, as provided by Title 7 of the Government Code of the State of California. This ordinance constitutes a specific plan for the use of land and buildings.

(Ord. 2007-05 § 3 (part))

This title is adopted to promote and protect the public health, safety and general welfare, to provide a plan for sound and orderly development, to ensure social and economic stability within the various zones established in this title, to provide for consistency of land use regulations with the adopted general plan.

(Ord. 2007-05 § 3 (part))

A.

Additionally, city staff responsible for administering this ordinance may interpret the provisions of all zones. City staff interpretations shall not circumvent other available established procedures such as conditional use permits and variances, and findings shall clearly be set forth by city staff documenting the interpretation. The planning commission shall review any appeals of a staff interpretation.

B.

The planning commission, by writing findings adopted by the commission, may interpret any of the provisions of the title and may determine what additional uses may be permitted with or without use permits in any zone because of similarity and compatibility with listed uses. Said findings shall clearly set forth the justification for the interpretation. Such interpretations shall not be used to circumvent other available established procedures such as conditional use permits and variances.

C.

The city council, on its own initiative or upon receipt of an appeal from any such interpretation or determination, may confirm, reverse or modify the action of the planning commission.

(Ord. 2007-05 § 3 (part))

17.04.040 - Limitations on land use and structures.

Except as otherwise provided in this title:

A.

Use Requirements. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses listed in this title as permitted in the zone in which such building, land or premises is located.

B.

Height Requirements. No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this title for the zone in which such building is located except as provided in Chapter 17.76 of this title.

C.

Area Requirements. No building or part thereof or structure shall be erected nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this title for the zone in which such building or open space is located.

D.

Duplicate Use of Open Space and Yards. No yard or other spaces provided about any buildings for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for a building on any other building site unless specifically permitted elsewhere in this title.

E.

No building other than residential shall be used, occupied, or business license issued to/for without city approval and a safety inspection performed by the building department.

(Ord. 2007-05 § 3 (part))

The city's general plan may be amended pursuant to California Government Code Section 65358. The fee for any application for amendment shall be set by resolution of the city council.

(Ord. 2007-05 § 3 (part))

Chapter 17.08 - DEFINITIONS

Sections:

Unless the context otherwise requires, the definitions set forth or otherwise provided for in this section shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "buildings" shall include the word "structure," and word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used," and the word "shall" is mandatory and not discretionary.

(Ord. 2007-05 § 3 (part))

17.08.020 - Abut, abutting, adjoining.

"Abut," "abutting," or "adjoining" all mean contiguous to or touching.

(Ord. 2007-05 § 3 (part))

17.08.030 - Access, vehicular.

"Access" means the physical means by which an individual in a vehicle is able to enter upon public or private property from a street. "Ingress" and "egress" are other words for access.

(Ord. 2007-05 § 3 (part))

17.08.040 - Accessory use, structure.

A.

"Accessory use" means a land use that is associated with an existing permitted or conditional use.

B.

"Accessory structure" means a usual and customary building normally associated with a permitted or conditional use.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2025-03, Exh. A)

17.08.050 - Acre.

"Acre" means a measure of real property equaling forty-three thousand five hundred sixty (43,560) square feet.

(Ord. 2007-05 § 3 (part))

17.08.060 - Administrative permit.

"Administrative permit" means any permit listed in Section 17.80.060 of this title and issued as a ministerial act by the city.

(Ord. 2007-05 § 3 (part))

17.08.070 - Agriculture equipment sales.

"Agriculture equipment sales" means a business which is primarily engaged in the sale of equipment, vehicles, materials, supplies and tools to serve farming, ranching or timber interests and businesses.

(Ord. 2007-05 § 3 (part))

17.08.080 - Agriculture product processing, canning.

"Agriculture product processing, canning" means the conversion of raw agriculture products into marketable commodities.

(Ord. 2007-05 § 3 (part))

17.08.090 - Agriculture product sales.

"Agriculture product sales" means the sale of food or fiber commodities from the property where produced with stands for the purpose of displaying and selling these commodities.

(Ord. 2007-05 § 3 (part))

17.08.095 - Agricultural worker housing.

"Agricultural worker housing" means housing for agricultural employees consisting of six or fewer persons in a single family home.

(Ord. No. 2014-02, § I)

17.08.100 - Airport.

"Airport" or "heliport" means a place on land or water, where aircraft may land and take off, receive and disembark passengers or cargo, may take on fuel, purchase accessories or obtain service or repair. "Airstrip" also means airport.

(Ord. 2007-05 § 3 (part))

17.08.110 - Alley.

"Alley" means a public or private thoroughfare which affords a secondary means of access to abutting property.

(Ord. 2007-05 § 3 (part))

17.08.120 - Apartment.

"Apartment" means a dwelling unit located within a structure that contains one or more attached dwelling units in which the units are available for rent or lease. "Apartment" also means an individual unit within a multiple-family residential development.

(Ord. 2007-05 § 3 (part))

17.08.130 - Apartment complex.

"Apartment complex" means a multiple-family residential project or development.

(Ord. 2007-05 § 3 (part))

17.08.140 - Area.

"Area" means a piece of land that can be definitively described and located with specific boundaries.

(Ord. 2007-05 § 3 (part))

17.08.145 - Accessory dwelling unit.

A.

"Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall have a separate exterior entrance and include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An ADU also includes the following:

1.

An efficiency unit, occupancy by no more than two persons which have a minimum floor area of one hundred fifty (150) square feet and which may also have partial kitchen or bathroom facilities, as defined in Section 17958.1 of [the] Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Junior Accessory Dwelling Unit" (JADU) means a unit that is no more than five hundred (500) square feet in size and contained entirely within an existing or proposed single-family structure.

1.

A JADU shall have a separate entrance from the main entrance to the exist-ing or proposed single-family residence. An increase in size for the single-family residence of not more than one hundred fifty (150) square feet to allow for the separate entrance shall be acceptable.

2.

A JADU shall have 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.

3.

A JADU unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

The JADU size and design requirements shall be recorded through a deed restriction that shall run with the land and be filed with the city.

(Ord. No. 2018-03, Exh. A; Ord. No. 2020-06, (Exh. B))

17.08.150 - Automobile sales.

"Automobile sales" means a land use in which the primary business is based upon retail or wholesale transactions involving the transfer of title to motor vehicles including automobiles, light utility vehicles, trucks, motorcycles, recreation vehicles, and all terrain vehicles.

(Ord. 2007-05 § 3 (part))

17.08.160 - Automobile service.

"Automobile service" means a land use which is involved in the business of repairing, modifying and maintaining motor vehicles.

(Ord. 2007-05 § 3 (part))

17.08.170 - Automobile service station.

"Automobile service station" means any place where motor fuel or lubricating oil or grease or electric vehicle charging is offered for sale to the public and deliveries are made directly into vehicles.

(Ord. 2007-05 § 3 (part); Ord. No. 2022-02, Exh. A)

"Automobile salvage yard" means an individual or entity engaged in the business of acquiring or buying salvage automobiles (including nonrepairable vehicles) for resale in their entirety or as spare parts, or rebuilding, restoration or crushing of such vehicles.

(Ord. 2007-05 § 3 (part))

17.08.190 - Bar, club, lounge.

"Bar," "club," or "lounge" means a land use in which the primary activity is the sale of alcoholic beverages for on-site consumption. A bar, club, or lounge may also provide entertainment for its patrons.

(Ord. 2007-05 § 3 (part))

17.08.200 - Base zoning district.

"Base zoning district" means the underlying zone that dictates land use and primary development standards.

(Ord. 2007-05 § 3 (part))

17.08.210 - Bed and breakfast inn.

"Bed and breakfast inn" means a business which involves accommodations in five or fewer guest rooms potentially with breakfast available for guests of the inn.

(Ord. 2007-05 § 3 (part))

17.08.220 - Block.

"Block" means all property facing one side of the street or between a street and the railroad right-of-way, property along a dead-end street, or un-subdivided land. The intercepting street determines only the boundary of the block on the side of the street that it intercepts.

(Ord. 2007-05 § 3 (part))

17.08.230 - Boarding house.

"Boarding house" is a structure where lodging and meals for boarders are provided for compensation.

(Ord. 2007-05 § 3 (part))

17.08.240 - Bottling plant.

"Bottling plant" means a land use in which beverages, including, water, are processed for sale, resale, or distribution.

(Ord. 2007-05 § 3 (part))

17.08.250 - Building.

"Building" means structure.

(Ord. 2007-05 § 3 (part))

17.08.260 - Building coverage.

"Building coverage" means the percentage of land area covered by the building footprint.

(Ord. 2007-05 § 3 (part))

"Building footprint" means the land area covered by a building as measured at its perimeter foundation walls including any roofed area that may not have perimeter foundation walls.

(Ord. 2007-05 § 3 (part))

17.08.280 - Building official.

"Building official" means the person in charge of the city building department or department head.

(Ord. 2007-05 § 3 (part))

17.08.285 - Building inspector.

"Building inspector" means the person performing the city's building inspections.

(Ord. 2007-05 § 3 (part))

17.08.290 - Building, residential.

"Residential building" means a building designed to be used exclusively for dwelling purposes.

(Ord. 2007-05 § 3 (part))

17.08.300 - Building setback.

"Building setback" means the required minimum distance from a property line or edge of a road easement or property right-of-way to the closest point of any building.

(Ord. 2007-05 § 3 (part))

17.08.310 - Building site.

"Building site" means the portion of a parcel of land, in a single or joint ownership, and occupied or to be occupied by a building, together with such open spaces as are required by the terms of this title.

(Ord. 2007-05 § 3 (part))

17.08.320 - Business.

"Business" means a land use established for the purposes of commerce and as a means of generating revenue or income.

(Ord. 2007-05 § 3 (part))

17.08.330 - Business, wholesale.

"Wholesale business" means the selling of commodities in large quantities, as to retailers or jobbers rather than to consumers directly, but not including the storing and/or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

(Ord. 2007-05 § 3 (part))

"California Environmental Quality Act" means a state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project.

(Ord. 2007-05 § 3 (part))

"Campground" means a parcel of land upon which individuals may occupy locations for overnight accommodations in a recreational vehicle, tent or cabin.

(Ord. 2007-05 § 3 (part))

17.08.360 - Carport.

"Carport" means a structure which is attached or detached from another building, and which is open on at least two sides with a covering for vehicle storage.

(Ord. 2007-05 § 3 (part))

17.08.370 - Cemetery.

"Cemetery" means a place for the interment of the remains of the deceased either by burial, cryostorage, mausoleum, or cremation.

(Ord. 2007-05 § 3 (part))

17.08.380 - Centerline.

"Centerline" means the line located equidistant from the edges of an easement or right-of-way. Centerline of a road right-of-way or easement does not necessarily mean the center of the physical location of the road.

(Ord. 2007-05 § 3 (part))

17.08.390 - Church.

"Church" means a land use that is used for the purposes of conducting religious services and religious education. Whether or not any reference is made, a church includes all other places of worship for any denomination.

(Ord. 2007-05 § 3 (part))

17.08.400 - City.

"City" means the city of Orland.

(Ord. 2007-05 § 3 (part))

17.08.410 - City council.

"City council" means the city council of the city of Orland.

(Ord. 2007-05 § 3 (part))

17.08.420 - Civic center.

"Civic center" means an area developed or to be developed with any of the following public buildings or uses including offices, libraries, playgrounds, parks, assembly halls, police stations and fire stations.

(Ord. 2007-05 § 3 (part))

17.08.430 - CEQA guidelines.

"CEQA guidelines" means the procedures and guidelines for implementation of the California Environmental Quality Act (CEQA) including any specific requirements adopted by the city of Orland.

(Ord. 2007-05 § 3 (part))

17.08.440 - Clinic.

"Clinic" means a land use which is established for the purposes of providing a health or lifestyle related service for humans and animals.

(Ord. 2007-05 § 3 (part))

17.08.450 - Combining district, combining zone.

"Combining district" or "combining zone" means a land use classification that combines with a base zone to add additional planning opportunities to the use of land.

(Ord. 2007-05 § 3 (part))

17.08.460 - Commercial.

"Commercial" means a use related to commerce and the production of revenue or income.

(Ord. 2007-05 § 3 (part))

17.08.470 - Community care facility.

"Community care facility" means a residential facility for the care and housing of six or fewer persons which may be developmentally disabled, seniors, alcoholics in recovery, and other similar facilities licensed by the state. The state has determined that six or fewer is considered to be a residential use.

(Ord. 2007-05 § 3 (part))

17.08.480 - Conditional use permit.

"Conditional use permit" means a land use permit issued in a zone for uses which have the potential to be incompatible with neighboring land uses and zoning and are to be permitted following a public hearing in which interested parties have the opportunity to comment. "Use permit" also means conditional use permit.

(Ord. 2007-05 § 3 (part))

17.08.490 - Construction.

"Construction" means the physical development of a parcel, including site excavation and grading, framing and finishing, up to the point of final inspection, use, or occupancy, whichever occurs first.

(Ord. 2007-05 § 3 (part))

17.08.500 - Consumer service.

"Consumer service" means a business which derives its principal revenue from offering an intangible product for sale, or provides a service.

(Ord. 2007-05 § 3 (part))

17.08.510 - Contractor's equipment yard.

"Contractor's equipment yard" means a parcel of land that is used for the temporary or ongoing outside storage of equipment, tools, materials, and vehicles used in the performance of a contractor's business.

(Ord. 2007-05 § 3 (part))

17.08.520 - Corner lot.

"Corner lot" means a lot that has two or more parcel lines contiguous to a public street.

(Ord. 2007-05 § 3 (part))

17.08.530 - Date of decision.

"Date of the decision" granting or denying a permit under this title means the date on which the decision is announced or final vote taken.

(Ord. 2007-05 § 3 (part))

17.08.540 - Day-care center, family and adult day-care home.

A.

"Day-care center" means a land use to which children are taken for care and/or educational experience, other than that of a public or private school, while parents or legal guardians are unavailable to watch the children for periods of less than eighteen (18) hours with no land-use limit on the number of children within the facility unless otherwise specified in the facility's permit.

B.

"Small family day-care home" means a day-care center in the home of the person operating the facility, and providing care for no more than eight children, including children who are members of the provider's family. (Health and Safety Code Section 1597.44)

C.

"Large family day-care home" means a day-care center in the home of the person operating the facility, and providing care for no more than fourteen (14) children, including children who are members of the provider's family. (Health and Safety Code Section 1597.46)

D.

"Day health care center" means a land use to which adults, generally those over the age of sixty (60), are taken for care or activities while the children or guardians of the adults are unavailable to watch or care for the adult. (Health and Safety Code Section 1570.7)

(Ord. 2007-05 § 3 (part))

17.08.550 - Density.

"Density" means either of the following:

A.

For residential use, density means the number of dwelling units per acre.

B.

For nonresidential use, density means the percentage of lot coverage.

(Ord. 2007-05 § 3 (part))

17.08.553 - Density bonus.

"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan.

(Ord. No. 2014-03, § I)

"Gross density" means the total number of units permitted under the property's general plan designation or zone district before streets or other dedications are provided.

(Ord. 2007-05 § 3 (part))

"Net density" means the total number of units permitted under the property's general plan designation or zone district excluding street area and other dedications.

(Ord. 2007-05 § 3 (part))

"District" means a portion of the city within which certain uses of lands, buildings or structures are permitted or prohibited, and within which certain yards and other open spaces are required and certain height limits are established for the same as set forth in this title.

(Ord. 2007-05 § 3 (part))

17.08.590 - Drive in restaurant/drive-up window.

"Drive in restaurant/drive-up window" means a restaurant where customers are either served outside of the building with a walk up window, a drive up window for vehicles, or otherwise served in their vehicle without having to enter the restaurant.

(Ord. 2007-05 § 3 (part))

17.08.600 - Duplex.

"Duplex" means a dwelling unit that consists of two independent units that are attached.

(Ord. 2007-05 § 3 (part))

17.08.610 - Dwelling.

A.

"Dwelling" means any building or portion thereof designed or used for habitation or residential occupancy.

B.

"Dwelling, single-family" means any building or portion thereof which contains one dwelling unit.

C.

"Dwelling, two-family" (or duplex) means any building or portion thereof which contains two dwelling units.

D.

"Dwelling, multiple" (or triplex for three units; fourplex for four units; or multi-family residential) as defined means any building or portion thereof which contains three or more dwelling units within one structure.

(Ord. 2007-05 § 3 (part))

17.08.620 - Dwelling unit.

"Dwelling unit" means a single residential unit designed for human habitation.

(Ord. 2007-05 § 3 (part))

17.08.630 - Easement.

"Easement" means any legal right defined as an easement in the California Code of Civil Procedure, Section 800 et al. Generally, an easement is a right to the use of another's land.

(Ord. 2007-05 § 3 (part))

17.08.635 - Electric vehicle charging station.

"Electric vehicle (EV) charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as that article may be amended or superseded, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

There are three standard charging levels used to charge electric cars. All electric cars can be charged with level 1 and level 2 stations. These types of chargers offer the same charging power as the ones you can install at home. Level 3 chargers - also called DCFC or fast charging stations - are much more powerful than level 1 and 2 stations, meaning you can charge an EV much faster with them. that being said, some vehicles cannot charge at level 3 chargers.

Level 1 charging: Alternating Current (AC) Level 1 equipment provides charging through a 120 volt AC plug. Level 2 charging: AC Level 2 equipment offers charging through 240 volt or 208 volt electrical service. This charging option can operate at up to 80 amperes (Amp) and 19.2 kW. Level 3 charging: Direct-current (DC) fast charging equipment (typically 208/480 V AC three-phase input) enables rapid charging along heavy traffic corridors at installed stations.

vides charging through a 120 volt AC plug. Level 2 charging: AC Level 2 equipment offers charging through 240 volt or 208 volt electrical service. This charging option can operate at up to 80 amperes (Amp) and 19.2 kW. Level 3 charging: Direct-current (DC) fast charging equipment (typically 208/480 V AC three-phase input) enables rapid charging along heavy traffic corridors at installed stations.

EV charging includes the use of Vehicle to Grid (V2G), Vehicle to Home (V2H) and Vehicle to Building (V2B) technology.

(Ord. No. 2022-02, Exh. A)

17.08.640 - Electronic component assembly.

"Electronic component assembly" means an industrial use in which the manufactured goods are assembled from components manufactured elsewhere.

(Ord. 2007-05 § 3 (part))

17.08.650 - Electronic component manufacturing.

"Electronic component manufacturing" means an industrial use in which components for use in electronic equipment are manufactured from raw materials.

(Ord. 2007-05 § 3 (part))

17.08.655 - Emergency shelters.

"Emergency shelters" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or households may be denied emergency shelter because of an inability to pay.

(Ord. No. 2014-02, § I)

"Explosive" means and includes any chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, and that contains any oxidizing and combustible units, packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing effects on contiguous objects or of destroying life or limb.

(Ord. 2007-05 § 3 (part))

17.08.670 - Exterior side yard.

"Exterior side yard" means the required side yard setback area on any corner lot adjacent to a public street.

(Ord. 2007-05 § 3 (part))

17.08.680 - Family.

"Family" means a group of individuals with a common bond by means of blood, marriage, or conscientiously established relations living together as a housekeeping unit sharing a dwelling unit.

(Ord. 2007-05 § 3 (part))

17.08.690 - Fence, wall.

"Fence" or "wall" means a structure constructed of posts, supports, and cross members that serves as an obstruction to mark property lines or delineate or restrict access to a portion of property. Fences for the purpose of this chapter includes walls, hedges, and screen plantings.

(Ord. 2007-05 § 3 (part); Ord. No. 2021-01, (Att. B))

17.08.700 - Flea market.

"Flea market" means a temporary land use in which a series of booths, tables, or other temporary display areas are set up in which an individual, persons, vendors, group, organization, or business which offer both new and used merchandise for retail trade.

(Ord. 2007-05 § 3 (part))

17.08.710 - Frontage.

"Frontage" means the total distance along a property line that abuts a public street or streets.

(Ord. 2007-05 § 3 (part))

17.08.720 - Garage.

"Garage" means a structure intended for use for storage of vehicles and other items. This definition does not replace the definition of a garage in the California Building Code. A garage may be incorporated within a building.

(Ord. 2007-05 § 3 (part))

"Garage sale" means a garage, yard, lawn, patio or similar type sale held anywhere on the premises in any residential zone for the purpose of disposing of personal property.

(Ord. 2007-05 § 3 (part))

17.08.740 - General plan.

"General plan" means the city of Orland general plan as currently adopted including all amendments.

(Ord. 2007-05 § 3 (part))

17.08.745 - Generator - electrical.

"Generator - electrical" means a generator, whether powered through battery, natural gas, propane (LP), gasoline, or diesel fuel, used as a backup generator to provide electrical power to a building during times when electricity is not available. Generators shall not be used as the main source of electricity to a building but shall only be used when the main electrical provider has been shut off power during an emergency situation. Generators shall not be used to replace traditional electrical power pursuant to the requirements of Orland Municipal Code Title 15 Buildings and Construction.

(Ord. No. 2022-02, Exh. A)

17.08.750 - Government code.

"Government code" means the California Government Code.

(Ord. 2007-05 § 3 (part))

17.08.760 - Gross floor area.

"Gross floor area" means the total square footage of a structure as measured around the exterior perimeter including any non-walled areas under roof and any outside storage or sales areas.

(Ord. 2007-05 § 3 (part))

17.08.770 - Gross land area.

"Gross land area" means the area of the parcel exclusive of any required public dedication.

(Ord. 2007-05 § 3 (part))

17.08.780 - Group care home.

"Group care home" means a facility licensed by the state pursuant to Health and Safety Code Section 1502 et seq.

(Ord. 2007-05 § 3 (part))

17.08.790 - Guest house.

"Guest house" means a detached living quarter of permanent construction, without kitchens, which are clearly subordinate and incidental to the use of the main building on the same lot.

(Ord. 2007-05 § 3 (part))

17.08.800 - Health and safety code.

"Health and safety code" means the California Health and Safety Code, also written H&S.

(Ord. 2007-05 § 3 (part))

17.08.810 - Height.

"Height" means the vertical distance from the base elevation at the point of measurement to the highest point on the structure, excluding chimneys, antennae, and similar nonstructural elements.

(Ord. 2007-05 § 3 (part))

17.08.820 - Heliport.

"Heliport" means "airport" as defined herein.

(Ord. 2007-05 § 3 (part))

17.08.830 - Highway.

"Highway" means a state route as defined by the state of California Department of Transportation, CALTRANS.

(Ord. 2007-05 § 3 (part))

17.08.840 - Home occupation.

"Home occupation" means a business located in a home that is subservient to the use of the dwelling as a residence.

(Ord. 2007-05 § 3 (part))

17.08.850 - Hospital.

"Hospital" means a land use in which intensive and general medical care is provided for patients on an emergency in- and out-patient basis.

(Ord. 2007-05 § 3 (part))

"Hotel" means a land use in which there are six or more rooms for transient occupancy. Motel and hotel are synonymous.

(Ord. 2007-05 § 3 (part))

"Household pets" means domestic animals or fowl normally kept in the house for company or pleasure and not for profit, such as dogs, cats, canaries, parrots, but not including a sufficient number of dogs to constitute a kennel as defined herein.

(Ord. 2007-05 § 3 (part))

17.08.880 - Indemnification.

"Indemnification" means compliance with a request to relieve the city of liability or to accept the costs for defending the city from any action brought as a result of the project.

(Ord. 2007-05 § 3 (part))

17.08.890 - Industry.

"Industry" means the manufacturing, fabrication, processing, reduction or assembly of any article, substance or commodity which results in a new product from the original materials.

(Ord. 2007-05 § 3 (part))

17.08.900 - Interior side yard.

"Interior side yard" means the required setback area from any property line between two parcels, neither of which are public streets.

(Ord. 2007-05 § 3 (part))

17.08.910 - Junk.

"Junk" means, but is not limited to, trash; refuse; paper; glass; cans; bottles; rags; ashes; trimming from lawns, yards, trees, and shrubbery, including plants and leaves; and other solid waste or salvageable materials other than garbage; inoperable appliances, parts, tools; inoperable and unregistered vehicles; vehicle parts; vehicle hulks; discarded furniture; dirt; rocks; and materials from the demolition, alteration or construction of buildings or structures, unless such dirt, rock, or other materials from demolition, alteration or construction are being used for purposes of fill.

(Ord. 2007-05 § 3 (part))

"Junkyard" means a place in which junk, salvaged materials or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially.

(Ord. 2007-05 § 3 (part))

17.08.930 - Kennel.

"Kennel" means a land use where four or more dogs four months or older and/or four cats six weeks or older are bred, raised, trained, or boarded.

(Ord. 2007-05 § 3 (part))

17.08.940 - Landfill.

"Landfill" means a parcel of land that is appropriately licensed for the storage of solid waste.

(Ord. 2007-05 § 3 (part))

17.08.950 - Landscaping.

"Landscaping" means the replacement of developed or excavated areas of a parcel with introduced new living vegetation, shrubbery, trees, ground cover and combinations thereof.

(Ord. 2007-05 § 3 (part))

17.08.960 - Living area.

"Living area" means the interior habitable area for a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(Ord. 2007-05 § 3 (part))

17.08.970 - Lot.

"Lot" means a legally established parcel of land.

A.

"Corner lot" means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five (135) degrees. If the intersection angle is more than one hundred thirty-five (135) degrees, the lot is considered an interior lot.

B.

"Flag lot" means a lot having access from the building site to a public street by means of private right-ofway strip that is owned in fee.

C.

"Interior lot" means a lot abutting only one street.

D.

"Key lot" means an interior lot, the front of which adjoins the side property line of a corner lot.

(Ord. 2007-05 § 3 (part))

17.08.980 - Lot coverage.

"Lot coverage" means the percent of lot covered by all building footprints. Means the same as "Site coverage."

(Ord. 2007-05 § 3 (part))

17.08.990 - Lot depth.

"Lot depth" means the average distance from the property line fronting a road or road easement to the rear or opposite property line.

(Ord. 2007-05 § 3 (part))

17.08.1000 - Lot frontage.

"Lot frontage" means the width of the lot fronting on a road or private road easement, measured along the property line.

(Ord. 2007-05 § 3 (part))

17.08.1010 - Lot line.

A.

"Lot line" means any legally described parcel line as follows:

B.

"Front lot line" is the shortest property line along the road or road easement.

C.

"Side lot line" is the property line intersecting with the front lot line and dividing the parcel from other adjacent parcels or another public street.

D.

"Exterior lot line" is the property line intersecting with the front lot line and contiguous with a public street on a corner lot.

E.

"Interior lot line" is any property line dividing the parcel from other adjacent parcels.

F.

"Rear lot line" is the property line opposite the front lot line.

(Ord. 2007-05 § 3 (part))

17.08.1020 - Lot width.

"Lot width" means the distance from one side property line to the other side property line measured along the front building setback line.

(Ord. 2007-05 § 3 (part))

"Manufactured housing" means H.U.D. standard manufactured housing (on a permanent foundation) that are constructed entirely in the factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of U.S. Department of Housing and Urban Development (HUD). (See "Mobile home" and "Modular unit")

(Ord. 2007-05 § 3 (part))

"Mobile home" means H.U.D. standard manufactured housing (not on a permanent foundation) or a nonpermanent shelter as defined in California Vehicle Code Section 396 and Health and Safety Code Section 18008. (See "Manufactured housing" and "Modular unit")

(Ord. 2007-05 § 3 (part))

"Mobile home park" is any area or tract of land where two or more mobile home lots (spaces) are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of residential ownership, to accommodate manufactured homes or mobile homes used for human habitation.

(Ord. 2007-05 § 3 (part))

"Modular house" and "factory built house" means a house built in components to the standards of the California Building Code at a location other than the site upon which the house is delivered and installed. Differs from mobile homes and manufactured housing by (in addition to lacking an integral chassis or permanent hitch to allow future movement) being subject to California housing law design standards. Also called factory-built housing and regulated by state law of that title. (See "Mobile home" and "Manufactured housing")

(Ord. 2007-05 § 3 (part))

"Motel" means a land use in which there are six or more rooms for transient occupancy. Motel and hotel are synonymous.

(Ord. 2007-05 § 3 (part))

"Net land area" means the area of land remaining after any required public dedication.

(Ord. 2007-05 § 3 (part))

17.08.1090 - Nonconforming building or use.

A.

"Nonconforming building" means a structure that does not conform to present regulations.

B.

"Nonconforming use" means a land use which does not conform to present regulations.

C.

"Legally existing" means a use that predates present regulations but was legally constructed or established at the time the use or construction first commenced.

(Ord. 2007-05 § 3 (part))

17.08.1100 - Nursery.

"Nursery" or "plant nursery" means a business which is primarily engaged in the raising, propagation, growth, or sales of vegetation, plants and supplies.

(Ord. 2007-05 § 3 (part))

17.08.1110 - Occupancy.

"Occupancy" means the establishment of a use within a structure or upon a parcel of land, including and not limited to, installing display fixtures in a completed structure, stocking of inventory, or commencing temporary or permanent residency, whether or not a structure has been subject to an approved final inspection or a certificate of occupancy.

(Ord. 2007-05 § 3 (part))

17.08.1120 - Off-site.

"Off-site" means an improvement or other reference concerning a proposed project or subject property which is not located on the parcel under discussion.

(Ord. 2007-05 § 3 (part))

17.08.1130 - On-site.

"On-site" means an improvement or other reference concerning the subject property under discussion.

(Ord. 2007-05 § 3 (part))

17.08.1140 - Open space.

"Open space" means the portion of the lot or parcel from the ground upward that is unoccupied by buildings, structures, parking lots and driveways, except as otherwise permitted by city regulations. Clubhouses, recreation buildings, pools, saunas, interior walkways, paths and similar amenities may be included in open space.

(Ord. 2007-05 § 3 (part))

17.08.1150 - Parcel, lot.

"Parcel" or "lot" means a described area of land within an ownership. Parcel may also mean a parcel established for tax purposes, sometimes called an assessor's parcel.

(Ord. 2007-05 § 3 (part))

17.08.1160 - Park, playground.

"Park" or "playground" means a land use which is established for the purpose of providing passive or active recreation on a public or private basis.

(Ord. 2007-05 § 3 (part))

17.08.1170 - Parking area.

"Parking area" means the paved portion of a parcel which is developed for the storage of vehicles.

(Ord. 2007-05 § 3 (part))

17.08.1180 - Paved.

"Paved" means that the required surface typically used for parking, driveways or other vehicular access is improved with concrete, asphaltic concrete, or other similar material capable of handling the type of vehicular traffic anticipated with the proposed use.

(Ord. 2007-05 § 3 (part))

17.08.1190 - Permit.

"Permit" means an authorization to proceed issued by the city for a specific activity.

(Ord. 2007-05 § 3 (part))

17.08.1200 - Planned community.

"Planned community" means a large-scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association.

(Ord. 2007-05 § 3 (part))

17.08.1210 - Planned unit development.

"Planned unit development" means a description of a proposed unified development, consisting at a minimum of a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development.

(Ord. 2007-05 § 3 (part))

17.08.1220 - Planning commission.

"Planning commission" means the body appointed by the Orland city council to review planning matters assigned pursuant to the city code.

(Ord. 2007-05 § 3 (part))

17.08.1230 - Planning department.

"Planning department" means the city-appointed or designated staff of the city of Orland to assist the city with planning-related matters.

(Ord. 2007-05 § 3 (part))

17.08.1240 - Planning director.

"Planning director" means the person appointed or designated to assist the city with planning-related matters.

(Ord. 2007-05 § 3 (part))

17.08.1245 - Pre-occupancy inspection.

"Pre-occupancy inspection" means a required inspection before any existing building and/or structure other than residential, is used, occupied or business license is issued to/for.

(Ord. 2007-05 § 3 (part))

17.08.1250 - Professional office.

"Professional office" means a nonretail or noncommercial wholesale activity wherein professional service is typically provided to the public, or the office is the headquarters for a commercial or industrial activity.

(Ord. 2007-05 § 3 (part))

17.08.1260 - Property line.

"Property line" is a legal boundary describing a parcel of land.

(Ord. 2007-05 § 3 (part))

17.08.1270 - Public agency.

"Public agency" means a political subdivision, federal, state, or local government or its departments, or governmental jurisdictions or districts.

(Ord. 2007-05 § 3 (part))

"Public Resources Code" means the California Public Resources Code, also written PRC.

(Ord. 2007-05 § 3 (part))

17.08.1290 - Public services.

"Public services" means services needed for development of a parcel of land. This may include, but is not limited to, electricity, access, water, sewage collection and treatment, and telecommunications.

(Ord. 2007-05 § 3 (part))

17.08.1300 - Public utility buildings and uses.

"Public utility buildings and uses" means buildings, structures and uses of a public business which provides a general service to the public, such as telecommunications, electricity, water, or other services.

(Ord. 2007-05 § 3 (part))

17.08.1310 - Recreational vehicle park.

"Recreational vehicle park" means any area or tract of land or a separate section within a mobile home park, where two or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents.

(Ord. 2007-05 § 3 (part))

17.08.1320 - Recreational vehicle storage.

"Recreational vehicle storage" means a commercial activity in which recreation vehicles are garaged either within a building, or an open enclosure for payment of a rental fee.

(Ord. 2007-05 § 3 (part))

17.08.1330 - Rest home.

"Rest home" means a building where two or more infirm or aged persons are housed for compensation.

(Ord. 2007-05 § 3 (part))

17.08.1340 - Right-of-way, public.

"Public right-of-way" is a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.

(Ord. 2007-05 § 3 (part))

17.08.1350 - Rooming house.

"Rooming house" means the same as "boarding house" as set forth herein.

(Ord. 2007-05 § 3 (part))

"School" means an institution, public or private, established for the purpose of educating a class of students at any grade level, either for profit or nonprofit purposes.

(Ord. 2007-05 § 3 (part))

17.08.1380 - Reserved.

Editor's note— Ord. No. 2018-03, Exh. A, adopted Aug. 20, 2018, repealed § 17.08.1380, which pertained to second dwelling unit, and derived from Ord. No. 2007-05 § 3 (part).

"Shopping center" means a commercial center, or group of commercial establishments, planned, developed, managed and maintained as a unit, with common off-street parking provided to serve all uses on the property.

(Ord. 2007-05 § 3 (part))

17.08.1400 - Side and front on corner lots.

The front yard (of a corner lot) may face either street frontage of a corner lot, at the option of the owner.

(Ord. 2007-05 § 3 (part))

17.08.1410 - Sign.

"Sign" means any device capable of visual communications or attraction, including declarations, announcements, demonstrations, displays, insignias, trademarks, or symbols, used for the purpose of informing, advertising, or promoting any business, place, or event.

(Ord. 2007-05 § 3 (part))

17.08.1412 - Single-room occupancy (SRO) housing.

"Single-room occupancy housing" means a compact dwelling unit with limited cooking and living facilities designed primarily for one individual and within a multiple-unit structure.

(Ord. No. 2014-02, § I)

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. A "site plan" application may be approved by the city manager, or his/her nominee, without the necessity of

public notice, a public hearing, or planning commission action if findings required for approval (Section 17.82.050) can be made.

(Ord. 2007-05 § 3 (part))

17.08.1420 - Street.

"Street" means a public thoroughfare accepted by the city which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, except an "alley" as defined herein.

(Ord. 2007-05 § 3 (part))

17.08.1430 - Structure.

"Structure" means shelter, building, dwelling unit, or other physical development upon the land to house, protect, store, or cover persons or things.

(Ord. 2007-05 § 3 (part))

17.08.1440 - Structure alteration.

"Structure alteration" means any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

(Ord. 2007-05 § 3 (part))

17.08.1445 - Supportive housing.

"Supportive housing" means housing with no limit on length of stay. that is occupied by the target populations, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. No. 2014-02, § I)

17.08.1450 - Temporary use.

"Temporary use" means a land use which may occur on a parcel of land for a limited time as may be authorized herein.

(Ord. 2007-05 § 3 (part))

17.08.1454 - Transitional housing.

"Transitional housing" means a building configured as rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 2014-02, § I)

Editor's note— Ord. No. 2014-02, § I, adopted Feb. 18, 2014, set out provisions designated as § 17.08.1455. Inasmuch as said section already exists, the provisions have been redesignated as § 17.08.1454, at the discretion of the editor.

"Catering truck" means any licensed, motorized vehicle wherein or wherefromwrapped or pre-packaged food, foodstuffs, products, liquids or material intended or food or drink for human consumption are sold, served, distributed, or offered for sale at retail or given away to the public. Catering trucks shall require a city-issued business license and shall be required to provide documentation that the use has been approved by the Glenn County Public Health Department.

(Ord. No. 2012-06, § 1)

Editor's note— Ord. No. 2012-06, § 1, adopted Dec. 3, 2012, set out provisions designated as § 17.08.1460. Inasmuch as said section already exists, the provisions have been redesignated as § 17.08.1455, at the discretion of the editor.

"Food truck" means any licensed, motorized vehicle or mobile food unit which is stored on a privatelyowned lot and where food is prepared on the premises and service to the customer is by means of a window or opening on the side of the vehicle. Food trucks shall require a city-issued business license and shall be required to provide documentation that the use has been approved by the Glenn County Public Health Department.

(Ord. No. 2012-06, § 1)

Editor's note— Ord. No. 2012-06, § 1, adopted Dec. 3, 2012, set out provisions designated as § 17.08.1470. Inasmuch as said section already exists, the provisions have been redesignated as § 17.08.1456, at the discretion of the editor.

"Use" means the activity that takes place on a parcel of land.

(Ord. 2007-05 § 3 (part))

"Variance" means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this title.

(Ord. 2007-05 § 3 (part))

17.08.1475 - Vending cart.

"Vending cart" means a mobile, non-motorized, movable cart from which pre-packaged food stuffs to include but no be limited to ice cream, flowers, and/or nonalcoholic beverages are provided, or offered for sale or sold, to the public with or without charge. Vending carts shall require a city-issued business license

and shall be required to provide documentation that the use has been approved by the Glenn County Public Health Department.

(Ord. No. 2012-06, § 1)

Editor's note— Ord. No. 2012-06, § 1, adopted Dec. 3, 2012, set out provisions designated as § 17.08.1500. Inasmuch as said section already exists, the provisions have been redesignated as § 17.08.1475, at the discretion of the editor.

17.08.1480 - Yard.

"Yard" means the area between a property line and required setback line with any lot.

(Ord. 2007-05 § 3 (part))

17.08.1490 - Yard, front.

"Front yard" means a yard extending across the full width of the front portion of the lot measured from the front line of the lot to the nearest line of a building or structure wall or required front setback line, whichever is closer to the property line.

(Ord. 2007-05 § 3 (part))

17.08.1500 - Yard, rear.

"Rear yard" means a yard extending across the full width of the rear portion of the lot measured between the rear line of the lot and the nearest line of the building or structure wall or required rear yard setback line, whichever is closer to the property line.

(Ord. 2007-05 § 3 (part))

17.08.1510 - Yard, side.

"Side yard" means a yard between the side line of the lot and nearest structure setback or required side yard setback line, whichever is closer to the property line and extending from the front yard of the lot to the rear yard.

(Ord. 2007-05 § 3 (part))

Chapter 17.12 - ZONING DISTRICTS DESIGNATED

Sections:

The several zones established, and into which the city may be divided, are as follows:

(Ord. 2007-05 § 3 (part))

The designation, location and boundaries of the aforementioned zones, shall be delineated on the zoning map of the city which shall be adopted by an ordinance of the Orland city council. Such map and all notations, references, dates and other information shown thereon shall be a part of these regulations and subject thereto, and such map as adopted and/or amended from time to time by ordinance of the Orland city council constitutes Section 17.12.030 of this chapter.

(Ord. 2007-05 § 3 (part))

This section consists of the zoning map of the city referenced in Section 17.12.020 of this chapter.

(Ord. 2007-05 § 3 (part))

Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall apply:

A.

Streets or Alleys. Where the indicated zoning boundaries are approximately street or alley lines, the centerlines of such streets or alleys shall be construed to be such boundaries.

B.

Lot Lines. Where the zoning boundaries are not shown to be streets or alleys, and where the indicated boundaries are approximately lot lines, the lot lines shall be construed to be the boundaries of such zone, unless such boundaries are otherwise indicated.

C.

Scale on Map—Determination by Commission. Where property is indicated on a zoning map as acreage and not subdivided into lots and blocks, or where the zone boundary lines are not approximately street, alley or lot lines, the zone boundary line shall be determined by the planning commission.

(Ord. 2007-05 § 3 (part))

17.12.050 - Classification applies to all incorporated territory.

All incorporated territory of the city shall be classified as specified by the zoning map adopted as a part of this title. Property hereafter annexed to the city shall be classified as R-1 zoned in accordance with the provision of Section 65859 of the (California) Government Code.

(Ord. 2007-05 § 3 (part))

Property shall be prezoned prior to annexation. Prezoning will be accomplished in the same manner as zoning within the city and the application fee shall be set by resolution of the city council.

(Ord. 2007-05 § 3 (part))

Parcels with split zoning may be developed in conformance with the applicable zone district as long as each zoned area meets the minimum parcel size requirement for the zone. If the zoned area does not have sufficient area to meet the minimum parcel size requirement for the zone district, such area may only be used for purposes permitted in the applicable zone district upon approval of a use permit.

(Ord. 2007-05 § 3 (part))

Chapter 17.14 - MARIJUANA DISTRIBUTION FACILITIES[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2017-01, § 3, adopted Jan. 17, 2017, changed the title of Ch. 17.14 from "Medical Marijuana Distribution Facilities" to read as herein set out.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Marijuana distribution facility" has the same meaning as set forth in Section 5.30.10 of this code.

(Ord. No. 2012-02, § 3; Ord. No. 2017-01, § 3)

17.14.020 - Marijuana distribution facilities.

A.

Marijuana distribution facilities are prohibited in the city of Orland, and no person shall operate or locate a marijuana distribution facility in the city of Orland. The city shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a marijuana distribution facility in the city of Orland.

B.

This chapter does not apply where preempted by state or federal law.

(Ord. No. 2012-02, § 3; Ord. No. 2017-01, § 3)

Editor's note— Ord. No. 2017-01, § 3, adopted Jan. 17, 2017, changed the title of § 17.14.020 from "Medical marijuana distribution facilities" to read as herein set out.

A.

Any use or condition caused or permitted to exist in violation of any provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in this code.

B.

Each violation of this chapter and each day a violation of this chapter continues to exist shall be considered a separate and distinct violation.

C.

All means of enforcement authorized under this code may be used to address violations of this chapter, including but not limited to: Civil penalties, nuisance abatement, civil actions, and administrative citations.

(Ord. No. 2012-02, § 3)

Chapter 17.16 - MARIJUANA CULTIVATION

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Marijuana" shall have the same meaning as that set forth in California Health and Safety Code Section 11018.

"Marijuana cultivation" means the planting, growing, harvesting, drying, or processing of all marijuana, including medical marijuana.

"Medical marijuana" means marijuana that has been recommended by a licensed physician in strict accordance with California Health and Safety Code Sections 11362.5 through Section 11362.83, inclusive, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program.

(Ord. No. 2016-01, § 6)

Marijuana cultivation by any person or entity is prohibited in all zone districts within the city of Orland.

(Ord. No. 2016-01, § 6)

17.16.030 - Violations—Penalty.

A.

Any use or condition caused or permitted to exist in violation of any provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in this code.

B.

Each violation of this chapter and each day a violation of this chapter continues to exist shall be considered a separate and distinct violation.

C.

All means of enforcement authorized under this code may be used to address violations of this chapter, including but not limited to: civil penalties, nuisance abatement, civil actions, and administrative citations.

(Ord. No. 2016-01, § 6)

Chapter 17.18 - OBJECTIVE DESIGN STANDARDS

California State Senate Bill 35 (Government Code Section 65913.4), which went into effect on January 1, 2018, requires the availability of a streamlined ministerial approval process for multifamily residential developments in jurisdictions that have not yet made sufficient progress toward meeting their regional housing need allocation (RHNA) as determined by the California Department of Housing and Community Development.

Included in the streamlining process, cities are required to establish objective design standards for multifamily residential development. SB 35 defines an objective design standard as one that involves "no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant... and the public official prior to submittal."

This chapter establishes objective design standards that serve as minimum requirements for residential development in the city. Compliance with these standards will remove subjective or discretionary review of a proposed residential project. For any developer of a qualifying project seeking exceptions to these standards, or any of the city's applicable design guidelines, the city's existing discretionary design review process is available.

(Ord. No. 2022-01, Exh. A)

These standards are mandatory for any qualifying residential project that requests streamlined processing and ministerial approval pursuant to state law provisions that reference objective design standards. Qualifying residential projects are those that comply with Government Code Section 65913.4(a).

Section 65913.4(a)(2)(C) provides that Section 65913.4 applies to areas within a jurisdiction that is zoned for residential use or residential mixed-use development or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two-thirds of the square footage of the development is designated for residential use. As such, these objective design standards apply to developments meeting these requirements within the following zoning districts: R-1, R-2, R-3, C-1, C-2, and DT-MU. Section 65913.4(a)(1) defines a multifamily development as a development that contains two or more residential units.

(Ord. No. 2022-01, Exh. A)

17.18.030 - Objective design standards.

A.

Site Standards.

1.

Street Connectivity.

a.

External Connectivity. Streets within any proposed subdivision or development site shall be aligned with existing and planned streets in adjacent neighborhoods so as to create a continuous street pattern. All streets, alleys, and pedestrian pathways in any subdivision or development site shall connect to other streets and to existing and planned streets outside the proposed subdivision or development.

b.

Internal Connectivity. New streets must form a continuous and linked vehicular and pedestrian network within the development.

c.

Cul-de-Sacs and Dead-End Streets. Any cul-de-sac or other dead-end street longer than three hundred (300) feet shall be connected to other streets by a pedestrian path.

d.

No Gates/Barriers. Automobile and pedestrian access points into multi-family residential developments shall not be gated or closed off to the public.

e.

Block Length/Mid-Block Pedestrian Connections. Blocks shall not exceed six hundred (600) feet in length, measured from street centerline to street centerline, unless mid-block pedestrian connections are provided at intervals of no more than three hundred fifty (350) feet apart. Such pedestrian connections shall include a walkway at least ten (10) feet wide.

2.

Parking Required.

a.

Pursuant to Government Code Section 65913.4(e), no parking shall be required for those developments located within one-half mile of public transit.

b.

Pursuant to Government Code Section 65913.4(e), the maximum required parking shall be one space per dwelling unit. A carport or enclosed garage is optional.

3.

Parking Location, Design, and Access.

a.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where deemed necessary by the city to protect property.

b.

Entrances and exits to parking lots and other parking facilities shall be provided at locations approved by the city engineer and planning director.

c.

The parking area, aisles, and access drives shall be constructed with a minimum of six-inch base and a double chip and seal so as to provide a durable, dustless surface, and shall be graded and drained as to dispose of surface water, with the design and specification so such work is subject to the approval of the city engineer.

d.

The use of cluster parking spaces into small parking areas, dispersed around the site, to avoid large paved expanses is required.

e.

All parking lots shall include appropriately striped spaces for standard and compact cars as well as handicapped spaces.

f.

No parking is allowed in setback areas along project boundaries.

g.

A separation of pedestrian and automobile traffic paths is required to minimize conflict areas for safety.

h.

Walkways to connect parking lots to building entrances shall be provided. Define walkways by landscaping, lighting and paving.

4.

Parking Lot Lighting.

a.

Light fixture design shall be compatible with the design and the use of the principal structure on the site. Light fixtures shall be equipped with appropriate reflectors and shielded to prevent illumination of the adjacent properties.

b.

Incorporate placement of light fixtures into the landscape scheme of the project. Show location and type of all exterior lights on the landscape plans.

c.

Height of any light poles shall be appropriate for the project and surrounding environment. Height of the light poles shall not exceed that of the main building.

d.

Use bollard type luminaries, maximum of eight feet high for pedestrian areas.

e.

Shield light sources to prevent any glare or direct illumination on public streets, adjacent properties, or highways.

f.

All area lights shall be energy efficient type (high pressure sodium or equivalent).

g.

All on-site pedestrian and automobile traffic areas shall be well lit for safety and security.

5.

Onsite Outdoor Recreation Areas.

a.

On each multifamily development of five units or more within any district, whether such development is on a single recorded lot or on two or more adjacent recorded lots, such development shall provide usable and accessible open space for the recreation and outdoor living enjoyment of the development's residents and their guests. Such open space shall not be less than twenty-five (25) percent of the total parcel area.

Open space standards shall be as follows:

i.

Open space may be provided in more than one location.

ii.

To qualify as required open space, such area shall have no area less than ten (10) square feet and at least fifty (50) percent open to the sky and free of any overhead structural or architectural projections.

iii.

Open space shall be improved. Improvements may consist of planting areas containing living plant materials, walks, patios, swimming and wading pools, arbors, temporary and removable shade elements, recreation equipment and facilities and such other appurtenances as are appropriate to serve the outdoor living needs of people.

iv.

Garages, carports, open off-street parking areas, vehicular access driveways, trash enclosures, clothesdrying yards and non-landscaped areas shall not be included in calculating required open space.

b.

In addition to those standards in subdivision a., any multifamily project of fifteen (15) or more units shall provide the following recreation area:

i.

A defined and fenced play area which may include fixed play equipment, ball courts, swimming or wading pools and similar child play facilities,

ii.

The play area shall not be less than five hundred (500) square feet, or twenty five (25) square feet for each apartment unit, whichever is greater.

iii.

Be visible from multiple dwelling units within the project.

iv.

Be protected from any adjacent streets or parking lots with a fence or other barrier at least four feet in height.

c.

Exemptions. The play area requirement shall not apply to any development that is:

i.

Age-restricted to senior citizens; or

ii.

Located within three hundred (300) feet of a public park.

d.

For minimum setback requirements, refer to the zoning district.

6.

Landscaping.

a.

At a minimum, the following landscaping is required:

i.

All areas not occupied by parking, driveways, pedestrian walkways, recreation areas, buildings, structures, and hardscape shall be landscaped.

ii.

The required front yard shall be landscaped and not used for parking. The only area not landscaped within the required front yard is the driveway access to the required parking area, which shall not exceed twenty-

five (25) feet in width,

iii.

Landscaping within the front setback area shall include one fifteen (15) gallon-sized tree for each fifty (50) feet of frontage, and at least one gallon-sized shrub for each five feet of frontage,

iv.

In addition to the required trees and shrubs, the landscaped area may also be planted with lawn or ground cover plants. Other decorative, non-plant ground covers may be used as long as they do not exceed twenty-five (25) percent of this landscaped area,

v.

Parking lot landscaping shall be provided to enhance sites and building parking areas in compliance with the standards identified in Section 17.76.110 of this code.

vi.

Where landscaping is provided, adequate irrigation and maintenance thereof shall be provided, including replacement of dead trees, shrubs, vines or other ground cover required pursuant to this section.

7.

Fencing.

a.

Any perimeter fencing utilized along a public street, shall be constructed of decorative iron, pre-painted welded steel, or wood picket material.

b.

Fences and walls shall be compatible in style and material with the main structures on a site.

c.

To avoid the monotony of long, solid walls and fences around the perimeter of projects, variation in height, and depth is encouraged.

d.

Signs, lights, and other street furniture incorporated into the design of fences and walls are encouraged.

e.

Barbed wire and chain link fencing is prohibited.

f.

Fences and walls used for noise control shall be made of materials most suited for noise reduction, and which minimize reflective sound.

g.

Security fencing and gates shall be of an open type to allow for maximum visibility of the secured area. Wrought iron and cast iron fences are recommended for security fences and gates for all uses.

h.

Fencing shall be a maximum of six feet in height. Fencing over six feet in height, excepting subsection b. above, shall require a building permit. All corner lots, including corners on alleys, shall be a maximum of three feet in height within the front and exterior side yard setback areas.

i)

All fences shall be made of durable and weather-resistant materials as approved by the city.

8.

Refuse Containers.

a.

Provide dumpsters for garbage recycling, and green waste containers collection within a screened enclosure design specifically for that use.

b.

Shield all dumpsters within an enclosure a minimum of six feet tall. Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be detailed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.

c.

Provide an opening so that pedestrians can access the dumpsters without opening the large gates.

d.

Provide lighting at trash enclosures for nighttime security and use.

e.

Locate dumpster enclosures so that no dwelling is closer than twenty (20) feet (including those on abutting properties), or more than one hundred (100) feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

B.

Building Design Standards.

Building Mass and Articulation.

a.

Building Length. Buildings shall not be less than twenty (20) feet or exceed two hundred (200) feet in width or length on any side.

b.

Façade articulation. All building façade that face or will be visible from a public street shall include one or more of the following treatments.

i.

Exterior building walls shall vary in depth through a pattern of offsets, recesses, or projections.

ii.

The building height shall be varied so that a portion of the building has a noticeable change in height; or roof forms are varied over different portions of the building through changes in pitch, plane, and orientation.

iii.

The building façade shall incorporate details such as window trim, window recesses, cornices, belt courses, and other design elements.

c.

Maximum building height: thirty-five (35) feet.

d.

Vertical articulation for tall buildings. In buildings of three or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features. These features may be applied to the transitions between any floors, except where otherwise specified.

i.

A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials.

ii.

A horizontal design feature such as a water table, belt course, or bellyband.

iii.

A base treatment at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least one inch from the wall surface of

the remainder of the building.

iv.

Setting back the top floor(s) of the building at least five feet from the remainder of the façade.

2.

Façade Transparency/Limitation on Blank Walls.

a.

At least twenty (20) percent of the area of each street-facing façade of a residential building must consist of windows, doors, or other openings. No wall that faces a sidewalk, pedestrian walkway, or publicly accessible outdoor space shall run in a continuous plane of more than thirty (30) feet without a window, door, or other opening.

3.

Roofline.

a.

Minimum roof slope: 3:12.

b.

Minimum roof eave overhang, twelve (12) inches.

4.

Exterior Theme.

a.

Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.

b.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

5.

Screening.

a.

All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the street. Equipment to be screened includes, but is not limited to, all

roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building.

(Ord. No. 2022-01, Exh. A)