Porterville Municipal Code § 301.09 Home Occupations

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. Accessory uses and structures are also subject to the development and site regulations found in Chapter 300, General Site Regulations. Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings, and in addition shall be located, developed, and operated in compliance with the following standards in the agricultural and residential zone districts as follows:

A. Agricultural Accessory Structures. In the AC and RR districts, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural use including stables, barns, pens and sheds or other structures for the housing of such animals, feed, equipment, and tools.

1. Size. The maximum lot coverage allowed by the development standards shall not be exceeded.

2. Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Zoning Administrator.

3. Building Separation. Agricultural accessory structures shall be separated from any main building by a minimum of six (6) feet.

4. Setbacks. Agricultural accessory structures shall meet all setback requirements of the main building.

B. Residential Accessory Structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached covered decks (i.e. a patio structure), detached uncovered decks and patios two and one-half (2.5) feet in height or greater, and similar structures. Uncovered decks under two and one-half (2.5) feet in height, and fences are not subject to the regulations in this section. Separate regulations for residential second units are located in Section 301.16, Accessory Dwelling Units.

1. Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight (8) feet in width and fifteen (15) feet in length, will be considered a part of the main structure for purposes of this Ordinance. An attached structure shall comply with all requirements of this Ordinance applicable to the main structure, including, but not limited to setback requirements and height limits.

2. Number of Structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Zoning Administrator.

3. Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of one thousand two-hundred (1,200) square feet unless approved by the Zoning Administrator. In reviewing a request for additional size, the Zoning Administrator may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded.

4. Height. The maximum height shall not exceed eighteen (18) feet. The Zoning Administrator may consider buildings exceeding eighteen (18) feet in height that are stepped back one (1) foot from the required side and rear setback lines for every foot of height above eighteen (18) feet up to twenty-four (24) feet.

5. Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from any main building by a minimum of six (6) feet.

6. Setbacks. When located in the rear one-third of a lot, detached accessory buildings shall not be located closer than four (4) feet to any rear property line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear property line. Detached accessory buildings shall meet all other setback requirements of the main building.

(Ord. 1866, 11-19-2019; amd. Ord. 1909, 1-21-2025)

Conditional Use Permit approval is required for any use involving the sale of alcoholic beverages under an on-sale or off-sale license.

A. Liquor Stores. Liquor Stores and other off-sale establishments that dedicate more than twenty-five (25) percent of the sale floor to sales of alcoholic beverages for off-premises consumption, but excluding full-service grocery stores, shall be located, developed, and operated in compliance with the following standards:

1. Location. In all areas outside the Downtown Districts, such establishment shall be located a minimum of five hundred (500) feet from any other such establishment or any educational, religious, or cultural institution or public parks. The five hundred (500) foot separation requirement does not apply in the Downtown Districts.

2. Litter. Trash receptacles shall be provided by entrances and exits from the building.

3. Pay Telephones and Vending Machines. External pay telephones and vending machines are prohibited. (Ord. 1866, 11-19-2019)

Major and Minor Automobile/Vehicle Service and Repair uses shall be located, developed, and operated in compliance with the following standards:

A. Noise. All body and fender work, stereo installation and testing, 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 similar equipment shall be located inside a building.

B. 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.

C. Work Areas. All work shall be conducted within an enclosed building.

D. Bay Doors. Bay doors shall not face a public right of way. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the lower classification. (Ord. 1866, 11-19-2019)

Service stations, automobile/vehicle washing facilities, and any other commercial use that includes fuel pumps for retail sales of gasoline shall be located, developed, and operated in compliance with the following standards:

A. Bay Doors. Bay doors shall not face a public right of way. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the lower classification.

B. Pump Islands. Pump islands shall be located a minimum of fifteen (15) 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 (10) feet within this distance.

C. Canopies and Roof Structures. Canopies and roof structures over a pump island, including associated signage, shall be designed as an integral design element of a building’s architecture and architecturally compatible, including materials, color and design details, with surrounding structures.

D. Washing Facilities. No building or structure shall be located within ten (10) feet of the property line or within twenty (20) feet of any interior lot line of a residential use or an R district.

E. Signage. Where not otherwise accommodated in Section 305, Signs, service station signage needed to comply with the California Business and Professions Code §13532 can be approved by the Zoning Administrator.

F. Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When abutting an R district, the hours of operation shall be 8:00 a.m. to 8:00 p.m., seven (7) days a week unless modified otherwise by a Conditional Use Permit.

G. Application Review and Findings for Approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The following standards shall be incorporated:

1. The project shall be 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, shall promote safe and efficient on-site and off-site traffic circulation.

3. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties.

4. Lighting shall be designed to be low-profile, indirect or diffused, create a pleasing appearance, and avoid adverse impacts on surrounding uses.

H. Conditions of Approval. Conditions of approval of a Conditional Use Permit may address operational characteristics of the use; impose restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or require buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on properties in the surrounding area.

I. 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 (12) months subsequent to the close of the last business day. (Ord. 1866, 11-19-2019)

Commercial Crop Cultivation is allowed as an interim use in zones designated in Series 200 of this chapter. Land use regulations as identified in Series 200 and elsewhere in this Code apply.

A. Purpose and Intent

1. It is the purpose and intent of this section to provide opportunity for interim use of land within city limits until such time as the development market supports the intended development of said lands.

2. Commercial crop cultivation can be allowed on an interim basis only where the impacts of an agricultural operation will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the surrounding area.

3. Crop cultivation allowed under the premises of this section is secondary to its availability for urban development and should be available for development as an urban use when market conditions improve for such a use.

4. Use of a subject site for crop cultivation for an interim period does not result in the land being construed as an agricultural resource requiring protection or preservation.

5. If residentially zoned, the land, regardless of the status of its agricultural use, will be considered in the City’s Housing Element and the Regional Housing Needs Assessment (RHNA) as available for residential use.

6. The key intent of this section is to limit the use to a time period that is appropriate to the type of agricultural crop to be planted, to allow sufficient time for a reasonable profit to be realized while assuring that the use is interim in nature. At its discretion, the City Council may set time periods to limit the use to a specific amount of time.

7. This section shall not be construed to apply to animal confinement.

B. Development Standards: Commercial crop cultivation allowed by this section shall comply with the following standards:

1. The aerial application of fertilizers, pesticides, or other agricultural treatments is not allowed.

2. Prior to the application of pesticides, fungicides, or insecticides, notice will be given to all property owners within 300 feet of the parcel(s), and notice shall be posted on site along every 100 feet of street frontage. Notice shall be no smaller than 10" x 12" and with the word “Notice” in 80 point font.

3. A minimum twenty (20) foot wide drive aisle clearance shall be maintained along all property boundaries.

4. The applicant/property owner shall not enter into a Williamson Act contract or other agricultural preservation measure, whether for tax reduction or other purposes.

5. A vector/rodent control plan shall be submitted and approved with the conditional use permit and implemented for the term of the agricultural use.

6. The applicant shall indemnify the City of Porterville to the satisfaction of the City Attorney from and against any and all claims or legal recourse resulting from the agricultural operation.

C. Considerations: The following factors will be considered on a project-by-project basis to determine if commercial crop cultivation is an appropriate use for a particular site. The Council may consider the following factors or others as may be appropriate, based on the location of the proposed use and its proximity to urban uses and may consider limiting some crop types due to impacts of excessive noise, dust, vibration, odors or other effects on surrounding uses.

1. No “Right to Farm” is conveyed or otherwise implied with the use.

2. The area to be farmed is of adequate size, dimension and topography to accommodate the proposed use.

3. The burning of agricultural waste/trimmings/etc. on the property will not create a public nuisance or a danger due to the close proximity of urban uses.

4. On-site sale of crops is allowed in accordance with Subsection D, “Sale of Agricultural Crops”, of this section.

5. The use does not involve the installation of underground storage tanks.

6. Best Management Practices to reduce spray drift will be implemented.

7. Wells, as needed to serve the subject site, are subject to California Department of Public Health Services approval and review of the City Engineer.

8. Irrigation water run-off, if any, can be contained on site.

9. Use of municipal water for irrigation is prohibited.

10. The area shall be groomed of weeds and agricultural waste regularly to reduce potential fire hazard, proliferation of pests, and unsightly conditions.

11. Equipment and vehicles related to the active farming operation of the site shall not be parked in the public right of way and vehicular circulation related to the use shall occur on-site.

12. The applicant shall remove all abandoned crops upon discontinuation of the use.

D. Sale of Agricultural Crops: The on-site sale of agricultural crops may be considered by the City Council subject to the following criteria:

1. Sales from the site are seasonal in nature.

2. Sales are limited to those crops grown on site.

3. Sales booths have adequate parking and there is appropriate surfacing for the parking area and drive aisle.

4. There is safe access to and from the site from the right of way.

5. The sales booth conforms to all requirements of the California Building Code and the size of the booth is commensurate with the crop to be sold, the size of the cultivation area and the length of the season, but shall not exceed 500 square feet.

6. One 40 square foot sign is allowed as a wall sign or freestanding sign not greater than twelve (12) feet in height. (Ord. 1866, 11-19-2019)

Large Family Day Care Homes shall be located, developed, and operated in compliance with the following standards:

A. Location. Large Family Day Care Homes shall be located at least three hundred (300) feet apart in all directions from any other Large Family Day Care Home.

B. Hours of Operation. Large Family Day Care Homes shall operate only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. No outdoor play is allowed before 9:00 a.m.

C. Residency. The operator of a Large Family Day Care Home shall be a full-time resident of the dwelling unit in which the facility is located.

D. Screening. A periphery wall, constructed of wood or masonry, shall be provided for purposes of securing outdoor play areas and screening the site and shall achieve seventy-five (75) percent opacity. Chain metal fencing or barbed wire is prohibited.

E. Signs. No sign shall be publicly displayed on the premises relating to the Large Family Day Care Home.

F. Play Area. A minimum of seven hundred (700) square feet of play area is required. An additional seventy-five (75) square feet is required for each child in excess of ten (10), as shown by the maximum number of children which may be cared for at any time, pursuant to the license for such a facility. The play area shall not be located in any required front or side yard.

G. Parking and Loading. An operator of a Large Family Day Care Home shall satisfy the following conditions:

1. Passenger Loading and Drop-off. A minimum of one (1) additional improved off-street drop-off and pick-up parking space shall be provided.

2. Traffic. Increased traffic due to the operation of any Large Family Day Care Home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time is acceptable. (Ord. 1866, 11-19-2019)

All hazardous waste management facilities, except household hazardous waste collection centers authorized by the City and the Tulare County Health Department, shall be located, developed, and operated in compliance with the following:

A. Application Content. Applications for hazardous waste management facilities shall include the following:

1. Site Plan. A detailed site plan depicting all buildings, land uses, storage areas, parking areas, and driveways internal and surrounding traffic circulation. Occupancy type and rating for each building or structure shall be identified.

2. Best Management Practices. Demonstrate and certify that they are minimizing the generation of hazardous waste through the use of the best available technology within their manufacturing, and/or product development processes. Applicants shall also demonstrate and certify that facilities will be using the best available control technology in minimizing air emissions and processing hazardous waste. Such demonstration and certification shall be provided prior to the issuance of any building permit or other land use entitlement.

3. Waste Characteristics and Capacity. Identify the amounts (in tons) and types of hazardous waste to be treated and stored; the duration of stored waste on the facility site and the ultimate destination of the waste. The owner-operator shall make this information available on a quarterly basis to the City of Porterville on an on-going basis. If the application is for a transfer station the applicant shall identify the capacity of the facility to store each type of waste stream, service area(s) of the facility and ultimate disposition of the waste.

4. Air Quality Analysis. An analysis of all anticipated air quality impacts and proposed mitigation measures. The hazardous waste facility shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District.

5. Risk Assessment. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, (including transportation related) or accidents from the point of origin to the facility, and any other risk assessment requested by either the City Manager, Zoning Administrator, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to and from the facility.

6. Alternatives Analysis. All applications shall contain an analysis of alternative regional sites which shall be reviewed pursuant to the California Environmental Quality Act.

7. Emergency Response Plan. An Emergency Response Plan that indicates at a minimum:

a. That the proposed plan is consistent with any and all applicable County and Regional Emergency Response Plans and all City, County, State and Federal Regulatory requirements regarding Emergency Response Procedure.

b. Detailed procedures to be employed at the time of emergency for each type of chemical substances utilized including contingency procedures.

c. Anticipated impacts on local fire, police, and medical services.

d. Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

8. Geotechnical Report. A geotechnical report providing complete analysis of on-site soil conditions, fault hazards, underground water supplies, and recommendations.

9. Flooding Information. An analysis of the potential of flooding on the site. Note residual repositories are prohibited in areas of special flood hazards as depicted by FEMA Flood Hazard Maps.

10. Traffic Analysis. Applicants shall submit a traffic analysis which addresses, at a minimum, vehicle-truck trips, effects on nearby intersections, and any special characteristics of the project site. Applicants shall also identify the most likely transportation routes within the City and the County.

11. Closure Plan. The Owner/Operator of a hazardous waste facility shall, prior to any local land use decision, submit to the Fire Department a written Closure Plan approved by the California Department of Health Services. All revisions to such Closure Plans shall also be submitted to the Fire Department.

12. Safety. The Owner/Operator shall demonstrate that the separation between the hazardous waste facility and residential areas is adequate to protect the health, safety, welfare, and property values of residents.

B. Monitoring. At minimum, hazardous waste facilities are subject to the following monitoring requirements:

1. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City Officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

2. The Owner/Operator of a facility shall report quarterly to the Fire Chief the amount, type, and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

3. The Owner/Operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the Fire Chief and City Engineer.

4. The Owner/Operator of all facilities shall prepare and submit an Annual Emergency Response Preparedness Report to the Fire Department and all other local emergency response agencies. Such report shall be signed by all management personnel at the facility and each person at the facility who has emergency response responsibilities.

5. The Owner/Operator of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.

C. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for a Conditional Use Permit shall be approved by the Fire Chief and City Engineer before such modifications occur at the facility.

D. Contingency Plan. Every hazardous waste facility shall have a contingency operation plan approved by the California Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the Police Department, Fire Department, Engineering Division, and the County Department of Environmental Health.

E. Financial Assurance. Prior to issuance of an “Occupancy Permit” to begin the use of a hazardous waste facility, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other federal or state agency.

F. Indemnification. The applicant agrees to indemnify, defend, and render harmless the City, and its City Council and all officers, employees and agents of the City against and from all claims, actions and liabilities relating to the land use decision or arising out of the operation of the facility.

G. Enforcement. All costs of compliance with this Ordinance shall be borne by the Owner/Operator. The City may employ any and all methods permitted by law to enforce this Ordinance.

H. Maintenance. The Owner/Operator shall keep all equipment and buildings in good repair and shall employ technological advances as may be required by the California Department of Health Services, San Joaquin Valley Air Pollution Control District, or U.S. Environmental Protection Agency.

I. Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

1. The project is consistent with the General Plan.

2. The project will not be detrimental to the health, safety, or general welfare of the community.

3. The project will not significantly reduce incentives for waste minimization by hazardous waste generators.

4. There are adequate City services available to service the project.

5. The project has met or exceeded each requirement of this Ordinance.

6. All environmental impacts identified in an Environmental Impact Report or Negative Declaration as part of the permit process in compliance with the California Environmental Quality Act have been adequately mitigated. (Ord. 1866, 11-19-2019)

Home occupations that are carried on by an occupant of a dwelling unit for gainful employment, are clearly incidental and subordinate to the use of the structure for dwelling purposes and that do not change the residential character of the primary use, are allowed and shall be operated in compliance with the following standards. Home occupations are subject to zoning conformance approval pursuant to Chapter 602, “Zoning Conformance Review”.

A. Permitted Uses. Home occupations generally include, but are not limited to, the following uses:

1. Professional Offices.

2. Offices for personal services such as janitorial service, gardening service, office services, etc.

• 3. Dressmaking, millinery, and other home sewing work.
• 4. Handicrafts such as weaving, leatherwork, and other arts and crafts.
• 5. Instructional classes, not exceeding two (2) students at one time.

6. Internet sales, mail order or direct sales provided no merchandise is sold on the premises.

7. Cottage food operations.

B. Mobile Businesses. Service-oriented mobile businesses that provide services at the location of a client may function as a home based business, where compliant with all other provisions of this section and subject to the following standards:

1. No business activities other than office activities occur on the premises. A client may not come to the home of the business to use the mobile unit.

2. The primary business activity involves provision of services that by their nature are intermittent and convenient to be provided at the home or business of the client. Examples include: mobile notary, personal services, home repair, minor vehicle repair not involving engines as prohibited below (windshield repair or battery replacement), and computer maintenance and repair.

3. Sale of goods is permitted only as an accessory to the service-oriented use, such as sale of windshield when it is replaced, or a new hard-drive when it is required and installed as part of a computer repair.

C. Prohibited Uses. The following uses are not permitted as a home occupation.

1. The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, or boats.

2. Repair, fix-it or plumbing, welding or fabrication shops where the trade-work is done at the site of the home occupation.

3. Uses that entail the harboring, training, raising, or grooming of dogs, cats or other animals on the premises.

4. Uses that entail food handling, processing or packing, other than those permitted by cottage food operation.

5. Healing arts.

6. Spiritual advisory service (fortune-telling).

D. General Standards. The following restrictions apply to all home occupations.

1. The residential use remains the primary activity on the property.

2. No sign shall be publicly displayed on the premises relating to the home occupation or product thereof.

3. No person not residing on the premises may be employed at the site of the home occupation.

4. Sale of goods on the premises shall be limited to the products of the home occupations, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

5. The home occupation shall not attract or generate excessive auto or foot traffic, require additional off-street parking spaces, involve the use of commercial vehicles for delivery of materials or supplies to or from the premises, or exceed six (6) patrons or customers for any calendar day.

6. No use of materials, mechanical equipment, utilities, or community facilities beyond that normal to the use of the property for residential purposes shall be permitted.

7. Storage related to the home occupation shall be confined to the dwelling or accessory building.

8. No dwelling or accessory buildings shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.

9. No garage or accessory building shall be altered or used in such a manner that would reduce the number of covered parking spaces required in the district in which it is located.

10. Not more than one (1) vehicle of not more than one ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.

11. The home occupation shall not involve the use of power equipment on the premises using motors exceeding one (1) horsepower combined capacity.

12. No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

E. Yard Sales. More than two yard sales per year, but not more than four yard sales per year, may be permitted subject to issuance of a business license and a home occupation permit subject to the following standards:

1. A Seller’s Permit must be obtained through the State Board of Equalization prior to the date of the third yard sale.

2. The sales events must be compliant with the provisions of Section 301.21 of this Chapter. (Ord. 1866, 11-19-2019)

Manufactured homes shall be designed and operated in compliance with the following standards:

A. General Requirements. Manufactured homes may be used for residential purposes subject to the provisions of this section. Manufactured homes may also be used for temporary uses subject to the approval of a temporary Use Permit (See Chapter 605, Temporary Use Permits).

B. Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

1. Foundation. A manufactured home shall be built on a permanent foundation system approved by the Building Official.

2. Date of Construction. Each manufactured home shall have been manufactured within ten (10) years of the date of issuance of a permit to install the manufactured home and shall be certified under the National Manufactured Home Construction and Safety Act of 1974.

3. Skirting. The unit’s skirting shall extend to the finished grade. (Ord. 1866, 11-19-2019)

Mobile home parks shall be located, developed, and operated in compliance with the following standards:

A. Maximum Density. The maximum density is as allowed by the base zoning district in which the mobile home park is located.

B. Access. Access to internal private streets is required for all mobile home lots or spaces within the mobile home park. Direct access from a mobile home lot or spaces to a public street or alley is not permitted. All points of vehicular access to and from public streets shall be approved by the City Engineer.

C. Internal Streets. All private internal streets within the mobile home park shall not be less than thirty (30) feet in width and shall be surfaced and maintained with an all-weather surface.

D. Parking. Each unit shall provide for at least two vehicle parking spaces, one of which shall be covered.

E. Walls and Screening. Exterior boundaries of a mobile home park adjacent to a public street frontage shall be screened with a six (6) foot high solid wall setback twenty (20) feet from the property line. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps,” columns, or similar measures. Block walls shall match the standard colors allowed in the City’s graffiti abatement program.

F. Common Open Space. Recreation, or common open spaces, shall be provided for each mobile home park, or subdivision, in accordance with Section 201.04(b)(4) and (5). An area of at least three hundred (300) square feet for each mobile home space shall be provided. This open space may be used in more than one (1) location, but no location shall contain less than one thousand (1,000) square feet in the aggregate. Each recreational space shall be accessible to all of the mobile home spaces in the park, and shall not be used for any other purpose.

G. Landscaping. Landscaping, as prescribed in Chapter 303: Landscaping, is required for all common open space areas, exterior front and street side yards, and common parking areas. A fifteen (15) foot landscaped buffer shall be provided along streets adjoining the park.

H. Certification. All mobile homes shall be certified under the National Manufactured Home Construction and Safety Act of 1974. (Ord. 1866, 11-19-2019)

A. Outdoor Retail Sales/Display. Outdoor display of merchandise is allowed in association with an approved permanent use on the site, subject to Zoning Administrator approval. Outdoor retail sales and display shall be located and operated in compliance with the following standards:

1. Displayed merchandise shall occupy a specifically approved and defined location that does not disrupt the normal function of the site or its circulation. Displayed merchandise shall be located outside of any fire lane or fire access way and shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. Displayed merchandise shall not encroach upon driveways, landscaped areas, private walkways or required parking spaces.

2. Merchandise shall be located entirely on private property outside of required setbacks except in Downtown Districts, where outdoor display is allowed on the sidewalk directly adjacent to property if a pedestrian walkway of at least six (6) feet is constantly maintained.

3. Display of merchandise shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

4. The Zoning Administrator may require landscaping, screening, paving or other site improvements including the removal of obsolete or abandoned facilities on nonconforming sites. (Ord. 1866, 11-19-2019)

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 the storage of inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:

1. Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. Excepting auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travelways within the self-service storage facility.

2. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

3. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

4. Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

B. 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.

C. Size Limitations. Total lot coverage by any and all structures shall be limited to fifty (50) percent of the total lot area.

D. Circulation. Driveway aisles shall be a minimum of twenty (20) feet wide.

E. Landscaping. A landscaped buffer with a minimum inside dimension of six (6) feet shall be provided along the front and street property lines, except for vehicular circulation openings. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be bound by a concrete curb at least six (6) inches wide and six (6) inches high and shall be permanently maintained in compliance with Chapter 303, Landscaping.

F. Fencing. A six (6)- to seven (7)- foot high solid wall shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps”, columns, or similar measures. Except in cases where a property line of a personal storage facility abuts property zoned for residential use, a chain link fence with solid privacy slats may be substituted at the discretion of the zoning administrator. Block walls shall match the standard colors allowed in the City’s graffiti abatement program.

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

H. Outdoor Lighting. All outdoor lights shall be shielded to direct light and glare only onto the personal storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.

I. Portable Storage Buildings. Movable storage buildings shall be allowed if they are constructed to appear as conventional storage buildings or are located in an area completely screened from public view and adhere to all applicable building and fire codes.

(Ord. 1866, 11-19-2019; amd. Ord. 1097, 10-15-2024)

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

A. Reverse Vending Machines:

1. Accessory Use. Reverse vending machines shall be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

2. Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.

3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

4. Signs. Machines shall have a maximum sign area of four (4) square feet exclusive of operating instructions.

5. Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

6. Trash Receptacle. Machines shall provide a forty (40) 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 footprint of three hundred fifty (350) square feet or include more than three (3) 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 abut a residential district.

4. Setback. Facilities shall be set back at least ten (10) feet from any street line and not obstruct pedestrian or vehicular circulation.

5. Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material and have capacity sufficient to accommodate materials collected in the collection schedule.

6. Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

7. Signs. Signs shall be a maximum of twenty (20) percent per side of facility or container or sixteen (16) 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 Zoning Administrator may authorize increases in the number, size and nature of additional signs.

8. Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a 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 or use.

2. Screening. The facility shall be screened from public rights-of-way, 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 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. 1866, 11-19-2019)

The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A. Development Standards

1. Foundation. A permanent foundation shall be required for all accessory dwelling units.

2. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

3. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

4. Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:

a. Wall covering materials.

b. Wall color.

c. Roofing material.

d. Roofing pitch.

e. Structural eaves.

f. Mass and scale of structure relative to structural height.

g. Window characteristics (window shape, operational style, grids, sills, trim).

5. Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.

6. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.

7. Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services, a. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

8. Garage conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B. Occupancy and Conveyance Requirements

1. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

2. Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

C. Detached Accessory Dwelling Units

1. Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

2. Maximum Number of Detached Accessory Dwelling Units

a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

b. When accompanied by a proposed multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot.

c. When accompanied by an existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be eight (8) per lot.

d. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.

c. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multifamily dwelling.

5. Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:

a. For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one-story, the maximum height shall be eighteen (18) feet.

b. For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.

c. Height Exceptions.

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

(2) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 9.195.050, subsection (E)(1) to an amount equal to the height of the existing accessory structure to be converted.

6. Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:

a. The detached accessory dwelling unit is located within one- half (1/2) mile walking distance of public transit.

b. The detached accessory dwelling unit is located within an architecturally and historically significant historic district.

c. The detached accessory dwelling unit is converting an existing accessory structure.

d. On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.

e. There is a car share vehicle located within one block of the detached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit.

D. Attached Accessory Dwelling Units

1. Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.

2. Maximum Number of Detached Accessory Dwelling Units

a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

3. Floor Area.

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

6. Parking. No parking shall be required for the attached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached accessory dwelling unit.

E. Conversion Accessory Dwelling Units

1. Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily dwelling structures 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 state building standards for dwellings.

2. Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.

3. Floor Area.

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Parking. No additional parking shall be required.

F. Junior Accessory Dwelling Units.

1. Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

2. Maximum Number of Junior Accessory Dwelling Units

a. When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit.

b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

b. The maximum floor area shall be 500 square feet.

4. Parking. No parking shall be required for the junior accessory dwelling unit.

5. Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

6. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

7. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

a. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.

b. Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

8. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

9. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

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

b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

(Ord. 1909, 1-21-2025)

A. Purpose and Intent:

1. It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimatize the distribution of obscene material.

2. One of the important purposes of the regulations set forth in this section is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this section shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

a. Receipt of money for placement of person for purposes of cohabitation (Penal Code section 266d);

b. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code section 266e);

c. Sale of person for immoral purposes (Penal Code section 266f);

d. Pimping (Penal Code section 266h);

e. Pandering (Penal Code section 266i);

f. Lewd or obscene conduct (Penal Code section 314);

g. Houses of ill fame (Penal Code section 315);

h. Disorderly houses which disturb the immediate neighborhood (Penal Code section 316);

i. Places of prostitution (Penal Code section 317); and

j. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code section 11225).

3. Nothing in this section shall permit, or be interpreted to permit any use, conduct, and/or activity which violates any federal, state or local law of regulation.

B. Definitions. For the purposes of this section, certain terms and words are defined as follows:

C. Establishment And Classification Of Businesses Regulated: The establishment of any sexually oriented business shall be permitted only in those particular specified districts where such uses are permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any “sexually oriented businesses”, as defined in subsection (b) of this section, within six hundred (600) feet of another such business or within one thousand (1,000) feet of any sensitive use. These limitations apply to sexually oriented businesses classified as follows:

• 1. Adult arcade.
• 2. Adult bookstore, adult novelty store, or adult video store.
• 3. Adult cabaret.
• 4. Adult model studio.
• 5. Adult motel.
• 6. Adult motion picture theater.
• 7. Adult theater.

D. Measurement Of Distance: Distance between any two (2) sexually oriented businesses or between a sexually oriented business and a sensitive use shall be measured in a straight line, without regard to intervening structures, from property line to property line.

E. Location of Sexually Oriented Business: Sexually oriented businesses shall be allowed only in districts in which such uses are specifically permitted. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the city of Porterville municipal code. In addition, any sexually oriented business shall be subject to the following restrictions:

1. The person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted districts.

2. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any sensitive use.

3. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within six hundred (600) feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or adult modeling studio.

F. Nonconforming Uses:

1. Permitted To Continue: Any sexually oriented business operating on the effective date hereof that is in violation of subsections (c) through (e) of this section shall be deemed a nonconforming use. Such nonconforming uses shall be governed by the provisions of this code. If two (2) or more sexually oriented businesses are within six hundred (600) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.

G. Injunction: A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and/or one hundred eighty (180) days’ imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the city attorney fees and costs of the city, at the discretion of the court.

H. Exception For Certain Nude Modeling: It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; or

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

c. Where no more than one (1) nude model is on the premises at any one (1) time. (Ord. 1866, 11-19-2019)

Single Room Occupancy (SRO) Hotels 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 (2) persons.

B. Minimum Size. An SRO living unit shall have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.

C. Minimum Width. An SRO of one (1) room shall not be less than twelve (12) 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 refrigerator; and cabinets for storage. Where cooking facilities are in a community kitchen, the community kitchen shall be a minimum of one hundred fifty (150) square feet and designed to provide a minimum of two (2) linear feet of counter space for fifty (50) percent of the maximum number of tenants.

F. Bathrooms. SRO units shall have individual bathrooms containing a sink, a toilet, and a shower or bath per Housing and Building Code requirements. Units may have only one (1) sink by the cooking area and may omit the bathroom sink.

G. Lobby/Meeting Area. Each SRO building shall provide ample ground floor entry area that provides a central focus for tenant social interaction and meetings. The lobby/meeting area shall be designed to accommodate at least twenty-five (25) percent of the tenants at one (1) time using an average of fifteen (15) square feet per person and a minimum four hundred (400) square feet for up to fifty (50) SRO units, excluding janitorial storage, laundry facilities, and hallways.

H. Ground Floor Use. Ground floor area next to public right-of-ways shall be dedicated for public use such as lobby/meeting areas or resident-serving commercial uses. No SRO units shall be on the street level adjacent to the public right-of-ways. If any SRO units are at ground level, they shall face into a private open area such as an interior courtyard.

I. 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. 1866, 11-19-2019)

Social Service Facilities shall be located, developed, and operated in compliance with the following standards:

A. Location. Social Service Facilities are not allowed on Main Street.

B. Minimum Standards. Social service facilities shall only be subject to the following written, objective standards:

1. Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-of-way, must be physically separated from the public right- of-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.

2. Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.

3. On-Site Management. Continuous on-site supervision during hours of operation shall be provided. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2) staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.

4. Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

5. Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.

(Ord. 1866, 11-19-2019; amd. Ord. 1909, 1-21-2025)

A. Purpose. The specific purposes of this chapter are to:

1. To permit the siting, construction, operation and maintenance of wireless telecommunications towers and antennas within the City’s boundaries;

2. To protect and promote the public health, safety, general welfare and quality of life within the City by regulating the siting of wireless telecommunications towers and antennas, while preserving the rights of wireless telecommunications providers;

3. To establish guidelines for the governance of wireless telecommunications facilities which recognize the unique land use distribution, topography, and aesthetics of the community;

4. Protect residential areas and land uses from visual blight, safety impacts associated with attractive nuisance, and degradation of residential character;

5. Promote the location of towers in non-residential areas;

6. Minimize the total number of towers throughout the community;

7. Establish the joint use of new and existing tower sites as a primary option rather than construction of single-use towers;

8. Locate towers and antennas in areas where the overall impact on the community is minimal, now and in the future; to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

9. Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently;

10. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

11. Create and preserve telecommunication facilities that will serve as an important and effective part of the City’s emergency response network; and

12. Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community.

B. Applicability. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. This chapter shall apply, to the fullest extent allowed by and consistent with applicable Federal, State, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, except for the following:

1. Amateur Radio Station Operators. Any tower, or the installation of any antenna, that is under the height limitation of the relevant district and is owned and operated by a federally-licensed amateur radio station operator.

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

3. Residential Districts:

a. Satellite Dish One (1) Meter or Less. A satellite dish that does not exceed one (1) meter in diameter or the height of the ridgeline of the primary structure on the same parcel, and is for the sole use of a resident occupying the parcel.

b. Satellite Dish Greater than One (1) Meter. A satellite dish that is greater than one (1) meter in diameter, is not located within a required front or street side yard, and is screened from view from any public right-of-way and adjoining property.

c. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed twenty-five (25) feet in height, and is for the sole use of a resident occupying the parcel.

4. Commercial and Employment Districts

a. Satellite Dish Two (2) Meters or Less. A satellite dish that does not exceed two (2) meters in diameter so long as the location does not reduce required parking, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval.

b. Satellite Dish Greater than Two (2) Meters. A satellite dish that is greater than two (2) meters in diameter that is not located within a required front yard or street side yard and is screened from view from any public right-of-way and adjoining property.

c. 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 (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.

d. Free-Standing Antennas. A free standing antenna and its supporting tower, pole, or mast that complies with all applicable setbacks when the overall height of the antenna and its supporting structure does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.

e. 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.

5. Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas in full compliance with applicable regulations in effect at the time of construction shall not be required to meet the requirements of this chapter.

6. Public Safety Broadcasting. Any non-commercial satellite dish antenna utilized for public safety broadcasting.

C. General Requirements:

1. Permit Requirements:

a. Camouflage Facilities: Permitted by right in all allowed districts.

b. Co-located Facilities: Permitted by right in allowed districts when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and that contemplated co-location.

c. Non-Camouflage Facilities: Allowed in certain districts subject to Conditional Use Permit approval when located at least three hundred (300) feet from any R District.

2. State or Federal Requirements. All towers and antennas shall meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

3. Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

4. Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.

D. Minimum Application Requirements: In addition to meeting the standard application submittal requirements for permits specified in Chapter 601, Common Procedures, applications for wireless telecommunications facilities pursuant to this chapter shall include the following:

1. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the City limits or urban area boundary (UAB), including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

2. Copies of all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other Federal or State government with authority to regulate telecommunications facilities including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals.

3. Written certification of compliance with all applicable FCC requirements and standards.

4. Site plan and elevations drawn to scale. Elevations shall include all structures on which facilities are proposed to be located.

5. Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping and sample exterior materials and colors.

6. Written authorization from the landowner in the event the applicant does not own the subject property

7. Any other information the Zoning Administrator deems necessary in order to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, a visual analysis of the proposed project.

E. Location and Siting

1. Wireless telecommunication facilities shall be located in the following order of preference:

a. Integrated into building/structure design (camouflage sites).

b. Co-located with other major wireless telecommunication facilities.

c. On existing structures such as buildings, communication towers, or utility facilities not subject to the City’s franchise agreements.

d. On existing signal, power, light or similar kinds of permanent poles.

e. In Employment Districts.

f. In Commercial Districts.

2. Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Zoning Administrator, or as otherwise required through the approval of a Conditional Use Permit.

3. Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City. If located within a public right of way, ground-mounted equipment shall be installed underground unless deemed infeasible by the Building Official. In such case, ground-mounted equipment shall be screened to the satisfaction of the Zoning Administrator.

4. Required Separation. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.

a. Residential Districts. A facility shall not be located within a three hundred (300) foot radius of any R District.

b. Other Telecommunications Facilities. A facility shall not be located within a one thousand (1,000) foot radius of another 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 facility is not feasible.

c. Reduction in Required Separation. A reduction in the required separation between telecommunications facilities may be granted as a part of the Conditional Use Permit approval where technical evidence has been provided to substantiate the following findings:

(1) The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan;

(2) The reduction is not requested exclusively on the basis of economic hardship to the applicant;

(3) The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius; and

(4) Evidence has been submitted to the satisfaction of the City demonstrating that co-location on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that collocation is not feasible.

F. General Development Requirements: The following standards apply to all telecommunications facilities:

1. Maximum Height. No antenna shall exceed one hundred (100) feet in height except for camouflage facilities on or within a structure such as a steeple or flag pole, otherwise allowed to exceed one hundred (100) feet in height. Such antenna shall not exceed the height of the structure.

2. Setbacks. Telecommunications facilities and accessory structures shall comply with the required building setbacks for the zoning district in which the facility is located, however, in no instance shall the facility (including antennae and equipment) be located closer than five (5) feet of any property line.

3. Design Standards. All facilities shall be designed to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. A visual analysis may be required as part of the Conditional Use Permit review. All telecommunications facilities shall:

a. Utilize state of the art camouflage technology as appropriate to the site and type of facility. Where no camouflage technology is proposed for the site, a detailed analysis as to why camouflage technology is physically and technically infeasible for the project shall be submitted with the application.

b. Facilities that are not camouflage shall close mount all panel antennas.

c. Antennae and support structures, where utilized, shall be monopole type.

d. Monopole support structures shall not exceed four (4) feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary.

e. Wireless telecommunications facility support structures and antennae shall be painted a non-glossy color so as to minimize visual impacts from surrounding properties.

f. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from a residential district shall incorporate appropriate techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.

g. No telecommunications antenna or ancillary support equipment shall be located within the front setback except for facilities that are completely subterranean.

h. Support structures and site area for wireless telecommunications antennae shall be designed and of adequate size to allow at least one (1) additional wireless service provider to co-locate on the structure.

i. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. All objects affecting navigable airspace shall comply with Federal Aviation Regulation Section 77 and shall be in conformance with the current land use designations for land within one (1) mile of the runway.

j. For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency “kill switch” to de-energize all RF-related circuitry/componentry at the site. For collocation facilities, a single “kill switch” shall be installed that will de-energize all carriers at the facility in the event of an emergency.

k. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.

4. Signage. A permanent, weather-proof identification sign, approximately sixteen (16) inches by thirty-two (32) inches in size, shall be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign shall identify the facility operator(s), provide the operator’s address, and specify a twenty-four (24) hour telephone number at which the operator can be reached so as to facilitate emergency services.

5. Landscaping. Each applicant for an antenna and/or tower shall provide a landscaping plan that covers as much as the parcel and lease area as necessary to achieve the following:

a. Landscaping shall be provided to screen the facility from surrounding properties or right-of-ways.

b. All landscaping shall be installed with an irrigation system equipped with an automatic timer.

c. Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping.

d. Landscaping shall include re-vegetation of any cut or fill slopes.

e. Where possible, existing plants and trees shall be used to the full extent possible for screening of the facility.

6. Noise and Traffic.

a. 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 7:00 p.m.

b. Traffic shall be limited to no more than one (1) round-trip per day on an average annual basis once construction is complete, except for emergency maintenance

G. Required Findings: The City Council may approve or approve with conditions any Conditional Use Permit required under this chapter only after making the following findings:

1. The proposed telecommunication facility will comply with all applicable state and Federal standards and requirements;

2. The proposed telecommunication facility will conform with the specific purposes of this chapter and any special standards applicable to the proposed facility;

3. The applicant has made good faith and reasonable efforts to locate a telecommunication facility on a support structure other than a new monopole or lattice tower or to accomplish co-location.

4. To locate a telecommunication facility where it is readily visible from the habitable area of a dwelling unit within three hundred (300) feet or at any location where it is visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision-making authority shall find that:

a. It is not feasible to provide the service at another location or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and

b. The proposed telecommunication facility provides an important link in applicant’s service area build-out and is necessary to provide personal wireless services to City residents.

c. It is not feasible to incorporate additional measures that would make the telecommunication facility not readily visible, meaning that a person with normal vision can see the facility and distinguish it as an antenna or other component of a telecommunication facility;

5. The City Council may waive or modify requirements of this chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law. (Ord. 1866, 11-19-2019)

A Temporary Use is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a permit in accordance with Chapter 605, Temporary Use Permits. Temporary uses shall be located, developed, and operated in compliance with the standards of this section, and the entire area used for the temporary event, including display, sales, circulation, parking, etc. shall be paved or improved per City standards.

A. Carnivals, Fairs and Festival Events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:

1. Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a civic organization, church, lodge or public or private school.

2. Time Limit. When located adjacent to or within an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

3. Duration. Carnivals, fairs, and festival events are limited to no more than five (5) consecutive days four (4) times a year. A more limited duration may be established through the Temporary 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.

4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.

5. Temporary onsite camping. Use of recreational vehicles may be allowed for not longer than four days longer than the temporary use is scheduled, and only for employees and/or organizers of the event. Such approval shall be explicitly requested in the application for Temporary Use Permit, and is subject to conditions and approval of the Zoning Administrator.

B. Garage Sales. A garage or yard sale may be permitted on any developed lot in an R district, in accordance with Section 18-8.2 of the Municipal Code and the following standards.

1. Garage sales are limited to no more than three (3) consecutive days in any six (6) month period.

2. All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.

3. One sign not exceeding two feet by two feet in size may be posted on the property where the sale is being held during the duration of the sale only. No signs regarding such sale shall be posted on any property other than where the sale is held.

C. Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No temporary use permit is necessary for a model home.

1. Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first.

2. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.

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

4. Term of Use. The model home may be established and operated for a term period of five (5) years or until completion of the sale of the lots or residences, whichever comes first. One (1) year extensions may be approved by the Zoning Administrator until the sale of all lots/residences is completed.

D. Temporary and Seasonal Outdoor Sales. Temporary and Seasonal Outdoor Sales may be permitted in accordance with the following standards:

1. General Sales Events. Temporary outdoor sales, including but not limited to grand opening events, temporary automobile sales, and other special sales events on private property in non-residential districts shall be subject to the following standards:

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

b. Temporary automobile sales are limited to the CR district and need not be in connection with an existing commercial use.

c. Sales events shall be conducted solely on private property and not encroach within the public right-of-way.

d. Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary 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.

e. When located adjacent to an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

f. The entire area used for temporary outdoor sales, including display, sales, circulation, parking, etc. shall be paved per City standards.

g. 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.

h. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.

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

a. Time Period. Seasonal sales associated with holidays are permitted up to a month preceding and one (1) week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.

b. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.

3. Non-Profit Fund Raising. Fund raising sales by a non-profit organization are limited to seven (7) consecutive days twelve (12) times a year.

E. Long Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven (7) consecutive days but not more than three (3) months, may be permitted with Zoning Administrator approval and in accordance with the following standards:

1. Location. Events are limited to non-residential district.

2. Number of Events. Long term special events and sales are limited to no more than two (2) per year.

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

4. Signs. Outdoor uses may include the addition of one (1) nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 305, Signs. (Ord. 1866, 11-19-2019)

Transitional and supportive housing, as defined in Section 50675.2 and 50675.14, respectively, of the Health and Safety Code constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. For example, if transitional housing is a multi-family use proposed in the RM-1 district, it is subject only to the same restrictions as other multi-family uses in the RM-1 district. (Ord. 1866, 11-19-2019)

A. Purpose And Intent:

1. The City Council, based on evidence presented to it in the proceedings leading to the adoption of this chapter, hereby finds that the cultivation, preparation, and distribution of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include increases in various types of crime due to outdoor grows, damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and related crimes. Many of these impacts have fallen disproportionately on residential neighborhoods, but nonetheless also negatively impact properties in the Commercial Districts. These impacts have also created an increase in response costs, including Code enforcement, building, land use, fire, and police staff time and expenses.

2. The City Council finds that the restrictions and/or prohibitions on non-commercial cultivation, commercial marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council in its Charter and State law.

3. The purpose of this section is to restrict non-commercial cultivation, and to restrict and/or prohibit the establishment of commercial cannabis uses in the City.

B. Interpretation And Applicability:

1. Nothing in this section is intended to, nor shall it be construed to, preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.

2. Nothing in this section is intended to, nor shall it be construed to, burden any defense to criminal prosecution otherwise afforded by California law.

3. Nothing in this section is intended to, nor shall it be construed to, exempt any cannabis related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

4. Nothing in this section is intended to, nor shall it be construed to, make legal any cultivation, transportation, sale or other use of cannabis that is otherwise prohibited under California law.

5. All cultivation activities within City limits shall be subject to the provisions of this section and other applicable provisions of this Code, regardless of whether the cultivation activities existed or occurred prior to adoption of this section.

C. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

D. Severability: If any part of this section is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

E. Personal (Non-Commercial) Cultivation And Other Activities: Personal, non-commercial cultivation and other activities including drying, harvesting, processing, smoking, and use are restricted pursuant to this section and/or chapter 18, article XI of the Municipal Code. Nothing in this section shall prohibit a person twenty one (21) years of age or older from engaging in the cultivation of six (6) or fewer live cannabis plants within a single private residence, or inside an accessory structure located upon the grounds of a private residence. Alternatively, the six (6) or fewer plants may be grown outdoors within a locked space that is not visible by normal, unaided vision from a public place or from the surrounding properties. Additionally, the following requirements apply:

1. There shall be no exterior evidence of cannabis cultivation occurring at any property, from the public right-of-way.

2. Cannabis cultivation lighting shall not exceed 140,000 lumens (traditionally referenced as one thousand two hundred watts (1,200 W)).

3. If grown in an accessory structure, the structure(s) shall at all times meet the requirements of the latest adopted version of the California Building, Fire, Mechanical, Electrical and Plumbing Codes (collectively California Codes). All required electrical permits must be obtained pursuant to the California Codes and applicable regulations, and proper permits must be obtained from the Building Division prior to performing any work on electrical wiring or rewiring.

4. If required by the California Codes, the wall(s) adjacent to the cultivation area shall be constructed with five-eighths inch (5/8") type X moisture-resistant drywall.

5. Cannabis cultivation areas shall be secured by a functioning audible alarm at all times during growing seasons.

6. The growing of cannabis outdoors shall comply with setback requirements for the primary residence on the property subject to the zoning classification of the property.

7. Cannabis plants grown outdoors shall be grown in an area enclosed with a solid view obscuring fence, secured with self-closing and locking gates.

8. Areas for cultivation of cannabis shall be secured, locked, and fully enclosed, and rendered inaccessible to minors.

9. All restrictions set forth in chapter 18, article XI of the Municipal Code, applicable to cultivation, shall be complied with.

F. Prohibited Uses And Activities:

1. With the exception of cannabis dispensaries as set forth further in this section, and as regulated in chapter 15, article VII of the Municipal Code, commercial cannabis activity, whether or not for profit, is expressly prohibited in all zones, specific plans areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow or engage in commercial cannabis activity anywhere within the City, unless expressly permitted by this section or elsewhere in the Municipal Code.

2. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City, unless the commercial activity is expressly permitted by the Municipal Code, and the activity at that location has been expressly authorized by the City in accordance with applicable City regulations and State laws. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

3. Unless expressly authorized by the Municipal Code, subsection F1 of this section shall prohibit all activities for which a State license is required pursuant to MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time, except for activities expressly authorized and permitted by the City. The City shall also not issue any local license to a nonprofit entity pursuant to California Business and Professions Code section 26070.5, except as expressly authorized and permitted by the City.

G. Permitted Use:

1. Location: Commercial cannabis dispensary uses shall be allowed to be established and operated by business owners (as defined in section 15-85 of the Municipal Code), that meet all of the requirements specified in this section and chapter 15, article VII of the Municipal Code, in the CG, DR-N, DR-S and Airport Industrial Zone Districts of the City, subject to having a valid State license for the operations, having a regulatory permit from the City, obtaining a City business license, and having entered into a Development Agreement between the business owners and the City. Any cannabis dispensary permitted to be established shall at all times be in compliance with this section and chapter 15, article VII of the Municipal Code, as it may be amended from time to time or repealed and replaced by another section governing cannabis dispensary operation, but subject to the terms and conditions within the applicable Development Agreement.

2. Number of Permits: The number of regulatory permits for cannabis dispensaries is limited to no more than two permits, plus an additional permit for every twenty five thousand (25,000) residents. The City Council may reserve one of the allowed permits exclusively for a medical cannabis dispensary use, in conformity with the applicable regulations set forth in chapter 15, article VII of the Municipal Code.

3. Distance Separation From Schools: All cannabis dispensaries shall comply with the distance separation requirements from schools as required by State law. In addition, a cannabis dispensary shall not be located within six hundred feet (600') from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 - 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of section 11362.768 of the Health and Safety Code unless otherwise provided by law.

4. Building Property Requirements: All building property requirements set forth in chapter 15, article VII of the Municipal Code shall also apply and are hereby incorporated by reference as if set forth fully herein.

5. Additional Requirements: Cannabis dispensary uses are additionally subject to all setback, signage, and other requirements applicable to the zone classifications they are located in, in addition to any applicable requirements set forth in this chapter and the Municipal Code, as well as the Downtown Design Guidelines, in applicable zone districts.

H. Enforcement: Any violation of this section is subject to any and all penalties as prescribed in the Municipal Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of this section or the Municipal Code authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1866, 11-19-2019; amd. Ord. 1880, 2-16-2021; Ord. 1911, 6-3-2025)