Title 17 — ZONING

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Title 17 - ZONING

Chapters:

Article I. - General Provisions Chapter 17.04 - Enactment and Applicability

Sections:

17.04.010 - Title.

This title shall be cited as the zoning ordinance of the City of Portola.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The purpose of this title is to protect and promote the public health, safety, and welfare of the city and to provide the economic and social advantages, which result from an orderly, planned use of the environment.

(Ord. 289 § 2 (Exh. A (part)), 2002)

17.04.030 - Authority and relationship to general plan.

A.

This title is enacted based on the authority vested in the City of Portola by the State of California.

B.

It is the policy of the City of Portola to eliminate any inconsistencies between this title and the general plan adopted by the city. It is intended that each parcel shall be zoned consistent with the general plan and any applicable specific plan. Where an inconsistency exists between the general plan and the zoning designation for a parcel, the zoning designation shall govern.

(Ord. 289 § 2 (Exh. A (part)), 2002)

17.04.040 - Applicability.

A.

Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Portola Municipal Code for anyone to maintain a use of a parcel that violates any provision of this title; provided, however, a land use that was lawfully established before this title was enacted or before enactment of any applicable amendment to this title may continue, provided no expansion or modification to said pre-existing nonconforming uses or structures shall be permitted, except as allowed by Chapter 17.37 (Nonconforming Uses, Structures and Parcels).

B.

Effect of Ordinance Changes on Applications in Progress. The enactment of this title, or an amendment hereto, may have the effect of imposing a different standard on development or a new land use, from that which previously applied to a parcel.

Following the effective date of this title, or any amendment of this article, the following provisions shall apply:

1.

Pending applications. Applications which have been determined by the planning department to be complete pursuant to Government Code Section 65943 before the effective date of this title, or any amendment hereto, shall comply with the provisions of the city's former zoning ordinance as were in effect the date of approval of the application.

2.

Approved applications. Applications approved prior to the effective date of this chapter, or any amendment hereto, may be constructed or used in accordance with the conditions of approval therefor; provided, however, approval of any extension shall be governed by the provisions of Section 17.04.040 (B)(3), below.

3.

Time extensions. An approval of an extension of time may be conditioned to comply with the provisions of this title in effect when the application for time extension is deemed complete pursuant to Government Code Section 65943.

C.

Other Requirements May Apply. Nothing in this title shall eliminate requirements to obtain any other permit, license, approval or entitlement required by other provisions of this code, or by the regulations of any city department, or by any county, regional, state, or federal agency.

(Ord. 289 § 2 (Exh. A (part)), 2002)

If any part of these regulations is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations. It is hereby expressly declared that this title and each part would have been adopted irrespective of the fact that any part might be declared invalid or unconstitutional.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.07 - Interpretations

Sections:

This chapter specifies the authority and procedures to ensure the consistent interpretation and application of the requirements of this title.

(Ord. 289 § 2 (Exh. A (part)), 2002)

17.07.020 - Rules of interpretation.

A.

Minimum Requirements. The provisions of this title shall be deemed to be the minimum standards required for the protection of the public health, safety, and welfare.

B.

Conflicting Requirements. Where the provisions of this chapter impose a more stringent development requirement or a greater restriction upon the use of buildings or land than are imposed or required by other laws, rules, and regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.

C.

Conflicts Between Provisions. In the event of any conflict between Article II (Zoning Districts and Permitted Uses) and Article III (General Development Regulations), the provisions of Article III shall govern.

D.

Single Lot in Multiple Zoning Districts. In the event two or more lots are merged through the approval of a lot line adjustment, parcel, or tentative map in compliance with Title 16 of this code (subdivisions), such that a single lot is covered by two or more zoning districts, the uses of that parcel shall be consistent with the zoning district as shown for the portion of the lot on which the use is proposed to be placed.

E.

Uncertainties in Zoning District Boundaries. Where the boundaries of any zoning district shown on the zoning maps is uncertain, the director shall apply the following rules to resolve such uncertainty:

1.

Where a zoning district boundary approximately follows a lot, alley, or street line, such lot line, or center line of such street and alley shall be construed to be the boundary.

If a zoning district boundary divides a lot, and the boundary line location is not otherwise designated, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.

3.

Where a public street or alley is officially vacated by the city, the property within the vacated portion of the street or alley shall take on the zoning on the adjoining property. Where the vacated street or alley was the boundary of two or more districts, the new district boundary shall be determined at the time of abandonment.

4.

The "floodplain" overlay zone refers to those areas designated as "Official Floodplain Maps" of the City of Portola and kept and maintained in the office of the building inspector, as provided by the Federal Emergency Management Agency (FEMA).

(Ord. 289 § 2 (Exh. A (part)), 2002)

The director shall have the authority to issue administrative interpretations of the provisions of this title to resolve ambiguities.

A.

Record of Interpretations. Whenever the director determines that the applicability or meaning of any of the standards of this title are ambiguous, the director may issue an official interpretation. Official interpretations shall be in writing, and shall cite the provisions being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstances that caused the need for interpretation.

Any provision of this title that is determined by the director to be ambiguous shall be clarified by amendment as soon as is practical. The director shall maintain a complete record of all official interpretations available for public review, indexed by the section number of this title that is the subject of the interpretation.

B.

Appeal. Interpretations by the director may be appealed to the planning commission pursuant to Chapter 17.91.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.10 - Establishment of Zone Districts

Sections:

A.

The following primary zone districts are established and shall be shown on the zoning map as established by Section 17.10.020:

B.

In addition to the primary zone districts established pursuant to subsection A above, the following overlay and special purpose zones are established:

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

The boundaries of the zoning districts established by Section 17.10.010 shall be shown upon the map designated as the "City of Portola Zoning Map" (referred to herein as the "Zoning Map"), which shall be placed on file with the city clerk and available for public review.

B.

The zoning map has been adopted by the council in compliance with applicable law, and is hereby incorporated into this title by reference as though it were fully set forth herein.

C.

The following conversion matrix shows the equivalent zones used on the updated zoning map:

ZONING DISTRICT CONVERSION MATRIX

Overlay and Special Purpose Zones

(Ord. 289 § 2 (Exh. A (part)), 2002)

Article II. - Regulations For The Principal And Special Purpose Zones Chapter 17.13 - Use Type Classifications

Sections:

The purpose of this chapter is to classify land uses according to use types on the basis of common functional, product, or compatibility characteristics.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Primary Uses. Primary uses shall be defined as either principal, conditional, or administrative uses. A principally permitted use is allowed in a zoning district and is subject to the restrictions applicable to that district. A conditionally permitted use is a use permitted in a particular zone district upon a showing that such use will comply with all the conditions and standards as specified in the zoning ordinance and authorized in the conditional use permit. Primary uses are established and regulated by this Article II.

B.

Accessory Uses. Accessory uses are uses accessory and incidental to the primary use of a parcel and are regulated by Chapter 17.34 (Accessory Uses and Structures).

(Ord. 289 § 2 (Exh. A (part)), 2002)

17.13.030 - Listing of use classifications.

All primary uses are classified into the following use types. The following primary use types are more fully described in Sections 17.13.060 through 17.13.110, inclusive.

A.

Agricultural and Open Space Use Types.

Agricultural

Animal keeping

Resource protection and restoration

Resource related recreation

B.

Civic Use Types.

Community assembly

Community services

Essential services

Hospital services

Intensive public facilities

Libraries and museums, private

Public parking services

Schools

College and University

Elementary and Secondary

Private Elementary and Secondary

Social services

C.

Residential Use Types. Accessory dwelling unit Caretaker/Employee housing Community care facility, small Community care facility, large Dwelling Multi-family Single-family Two-family Family day care home, small Family day care home, large Mobile home park D.

Commercial Use Types. Adult business establishments Animal sales and service Grooming and pet stores Kennels Veterinary clinic Veterinary hospital Automotive and equipment Automotive rentals Automotive repairs Automotive sales Car wash and detailing Commercial parking

Equipment rental and sales

Equipment repair Gasoline sales Banks and financial services Bars and drinking places Broadcasting and recording studios Building material stores Business support services Commercial recreation Amusement center Indoor entertainment Indoor sports and recreation Outdoor entertainment Outdoor sports and recreation Residential recreation facilities Community care facility Day care centers

Eating and drinking establishments Fast-food with drive-through Convenience Full-service Food and beverage retail sales Funeral and interment services Lodging services Long-term care facility Maintenance and repair Medical services

Neighborhood commercial

Nightclubs

Nursery, retail Offices, professional

Personal services

Retail sales and services

Specialized education and training Storage, personal storage facility

E.

Industrial Use Types.

Equipment and materials storage yards

General industrial

Hazardous materials handling Impound yards Laundries, commercial Light manufacturing

Printing and publishing

Recycling, scrap and dismantling

Enclosed

Unenclosed

Research services

Specialized industrial

Wholesale and distribution

Light

Heavy

F.

Transportation and Communication Use Types.

Antennas and communications facilities

Developed lot

Undeveloped lot

Heliport

Intermodal facilities

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

17.13.040 - Classification of combined uses.

The following rules shall apply where a use of a parcel resembles two or more different primary use types, and none of the uses are accessory uses regulated pursuant to Chapter 17.34 (Accessory Uses and Structures):

A.

Separate Classifications of Multiple Establishments. If two or more individual establishments or businesses conduct separate primary uses on a single parcel, each use shall be considered a separate and distinct primary use of that parcel.

B.

Separate Classification of Different Major Categories of Uses Conducted by Individual Establishment. If an individual establishment or business conducts more than one primary use, which use appears to fit under more than one different use type as described in this chapter, each primary use shall be considered a separate and distinct primary use; provided, however, when the primary uses have the characteristics of one of the following listed use types, all such primary uses shall be classified as one of the use types on the list:

1.

General industrial;

2.

Hazardous materials handling; or

3.

Intensive public facilities.

If the primary uses resemble more than one of the use types on the above list, the uses shall be classified in the most appropriate use type, except that any industrial uses shall be classified within the hazardous materials handling use type if they so qualify under Section 17.13.100.C, Hazardous Materials Handling Use Type.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

If a proposed primary use is not specifically listed or identified as a use type in this Article II, the use shall not be allowed, except as follows:

A.

The director may determine that a proposed use not listed is permitted if:

1.

The common functional, product, or compatibility characteristics and activities associated with the proposed use are consistent with one of the use types identified in Chapter 17.13 listed as a permitted use type within the zoning district; and

2.

The proposed use is compatible with the purpose of the zoning district that applies to the parcel; and

3.

The proposed use will be consistent with the goals, objectives, and policies of the general plan.

B.

If the director determines that an unlisted proposed use is encompassed within a listed use type, the proposed use shall be subject to the same use regulations as the listed use type.

C.

The director may forward questions about permitted uses directly to the planning commission for an interpretation at a public hearing. The public hearing shall be scheduled as required in Chapter 17.91 for an appeal. The planning commission shall make a determination based on the criteria of Section 17.13.050.A as to which use type the proposed use fits into. The decision of the planning commission may be appealed to the council pursuant to Chapter 17.91.

D.

The director shall maintain a written record of all such determinations.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Agriculture and open space use types include on-site structures, development, and management activities which are necessary to conduct agricultural operations and which are compatible with the protection and enhancement of open space resources. Specific agriculture and open space use types referred to in this title are:

A.

Agricultural. Includes uses commonly associated with a farm or ranch for the production of grazing and feeding of livestock.

B.

Animal Keeping. Includes the keeping, feeding or raising of common farm animals or small animal specialties as an avocation, hobby or school project in association with a residential use as may be permitted in Title 6 (Animals) of this code.

C.

Resource Protection and Restoration. Includes activities and management of an area to preserve, recreate, and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, erosion control, and floodwater conveyance.

D.

Resource Related Recreation. Includes facilities related to passive recreational use of open space areas including bike and pedestrian trails, picnic areas, parking areas, and interpretive centers.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Civic use types include governmental and quasi-governmental agencies providing utility, educational, cultural, major medical, protective, governmental, and other uses which are strongly vested with public or social importance. Specific civic use types referred to in this title are:

A.

Community Assembly. Includes the activities typically performed by, or at, the following institutions or installations:

1.

Churches, temples, synagogues, and other places of worship;

2.

Public and private non-profit clubs, lodges, and meeting halls; and

3.

Public community recreation facilities including community centers, amphitheaters, and museums.

B.

Community Services. Includes uses provided by public agencies which are necessary to support the community's health, safety and welfare. Typical community services include:

Cemeteries;

2.

City facilities (i.e., City Hall);

3.

Community water storage, wells and associated treatment facilities;

4.

Corporation yards, including storage, repair and processing of materials and equipment, and vehicles operated by governmental entities;

5.

Detention basins;

6.

Electrical substations (up to sixty kV);

7.

Intermodal facilities;

8.

Libraries;

9.

Park and ride lots;

10.

Police and fire stations (including antennas, antenna towers and communication facilities);

11.

Post offices, excluding major processing centers;

12.

Public parks and golf courses; and

13.

Satellite government facilities.

C.

Essential Services. Includes services which are necessary to support development and involve only minor structures such as bus stops, gas distribution pipelines, electrical distribution lines (up to and including sixty kV), utility poles, transformers (sixty kV or less), water and sanitary sewer, drainage facilities, communication facilities for community services provided by a public agency, and neighborhood parks, or specific services as may be needed to meet changing requirements in technical needs.

D.

Hospital Services. Includes medical, or surgical services for sick or injured persons primarily on an inpatient basis, and includes accessory facilities for outpatient and emergency medical services, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Services also include psychiatric services for persons primarily for outpatient and diagnostic services, training, research, administration, and services to patients, employees, or visitors.

E.

Intensive Public Facilities. Includes public services and utilities that may be objectionable in certain locations due to production of offensive odors, dust, noise, bright lights, vibration, or the storage of hazardous materials or products. Typical uses are electric receiving stations (sixty kV to two hundred thirty kV), sanitary landfills, public airports and heliports, or correctional institutions.

F.

Libraries and Museums, Private. Includes permanent, public, and quasi-public facilities generally of a noncommercial nature such as libraries, museums, and art exhibitions. Also includes historic sites and exhibits located in a public park.

G.

Public Parking Services. Includes parking services involving facilities that are publicly owned or operated.

H.

Schools.

1.

Colleges and Universities. Includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Uses associated with colleges and universities may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the college or university.

2.

Elementary and Secondary. Includes public elementary, middle, junior high, and high schools serving grades K through twelfth. Uses associated with public elementary, middle, junior high, and high schools

may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the public elementary, middle, junior high, or high school.

3.

Private Elementary and Secondary. Includes private and religious schools. It does not include schools included within the commercial, schools specialized education and training use type. Uses associated with private elementary and secondary schools may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the private elementary or secondary school.

I.

Social Services. Generally include those services which help people become more self-sufficient, prevent dependency, strengthen family relationships, and restore individuals, families, groups, or communities to successful social functioning.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Residential use types include the occupancy of living accommodations and includes uses which are typically associated with and provide support to residential areas, but excludes institutional living arrangements providing twenty-four hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. Specific residential use types referred to in this title are:

A.

Accessory Dwelling Unit. Shall mean an attached or detached residential dwelling unit that is accessory to an existing legally established primary single-family residential dwelling, which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation. It also includes an efficiency unit and a manufactured home as defined in the Health and Safety Code.

B.

Caretaker/Employee Housing. Includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a nonresidential use where a caretaker is needed for security or to provide twenty-four hour care or monitoring of facilities, equipment, or other conditions on the site.

C.

Community Care Facility, Small. A facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time, and in which care is provided to six

or fewer persons. Small community care facilities shall be licensed by the state department of social services.

D.

Community Care Facility, Large. A facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time, and in which care is provided to no less than seven and no more than twelve persons. Large community care facilities shall be licensed by the state department of social services and are subject to an administrative permit in accordance with Section 17.48.

E.

Dwelling. Includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family

dwellings, duplexes, multi-family dwellings, mobile homes, condominiums, and townhouses, all of which are separately defined. Dwellings include supportive multi-family and single-family housing for the disabled.

1.

Multi-family. Includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, triplexes and fourplexes, or similar use.

2.

Single-family. Includes a detached building designed exclusively for occupancy by one family.

3.

Two-family. Includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.

F.

Family Day Care Home, Small. Includes a private single-family dwelling where care, protection, and supervision of no more than eight minor children is provided for periods of less than twenty-four hours, or as "small family day care home" may otherwise be defined in section 1596.78 or elsewhere in Division 2 of the California Health and Safety Code, as it may be amended from time to time.

G.

Family Day Care Home, Large. Includes a private single-family dwelling where care, protection, and supervision of no fewer than seven and no more than fourteen children are provided for periods of less than

twenty-four hours or as "large family day care home" may otherwise be defined in section 1596.78 or elsewhere in Division 2 of the California Health and Safety Code, as it may be amended from time to time.

H.

Mobile Home Park. Includes any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. (Also see Chapter 17.58.)

I.

Short-Term Rental. The rental of a furnished single-family or individual multi-family dwelling, or a portion of a single-family or individual multi-family dwelling, on a temporary basis (thirty consecutive days or less) to guests as an alternative to a hotel or other traditional lodging. Commercial activities at the short-term rental are not allowed as part of the short-term rental. See Chapter 17.51, Short-Term Rentals.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Commercial use types include the distribution, sale, and rental of goods, and the provision of services other than those classified as civic or industrial use types. Specific commercial use types referred to in this title are:

A.

Adult-Oriented Businesses. Include any adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater or modeling studio as defined in Chapter 17.49. Any reference in this code to "adult business establishment" shall mean adult-oriented business, as provided herein.

B.

Animal Sales and Services. Includes establishments primarily engaged in animal-related sales and services. The following are animal sales and services use types:

1.

Grooming and pet stores. Includes grooming or selling of dogs, cats, and similar small animals with limited indoor boarding. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores.

2.

Kennels. Includes indoor and outdoor kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels, pet motels, and dog training centers.

3.

Veterinary clinic. Includes a fully enclosed veterinary facility containing only enough cage arrangements as are necessary to provide services for small animals requiring acute medical or surgical care, as well as boarding and grooming.

4.

Veterinary hospital. Includes a veterinary facility conducted in an enclosed building and/or in the open that provides long-term medical care, boarding, and grooming.

C.

Automotive and Equipment. Includes establishments primarily engaged in automotive-related or heavy equipment sales or services. The following are automotive and equipment use types:

1.

Automotive rentals. Includes rental from the premises of automobiles, light trucks, and recreational vehicles. Typical uses include car rental agencies.

2.

Automotive repairs. Includes repair of automobiles and the sale, installation, and servicing of automobile equipment and parts completely within an enclosed building, but excluding body repair and painting. Typical uses include muffler shops, automobile repair garages, automobile glass shops, and minor services including oil change, tune-up/lube shops, tire installation, and stereo and car accessory installation.

3.

Automotive sales. Includes the sale, retail or wholesale, of automobiles, light trucks, boats, recreational vehicles, motorcycles, motor homes, and trailers together with associated enclosed repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.

4.

Car wash and detailing. Includes washing and polishing of automobiles. Typical uses include automobile detailing services and car washes.

5.

Commercial parking. Includes parking of operable motor vehicles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots and garages.

6.

Heavy equipment rental and sales. Includes rental and sales of heavy equipment such as aircraft, trucks, tractor-trailer, semi-trucks, and heavy construction equipment.

Equipment repair. Includes repair of equipment such as aircraft, boats, recreational vehicles, and trucks; automobile body repair and painting; and the installation and servicing of tractor-trailer, semi-trucks, and heavy construction equipment.

8.

Gasoline sales. Includes establishments primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, minor repair services and may include drive-through car washes, convenience eating places, and commercial uses. Typical uses include automobile service stations, filling stations, and commercial uses with gas sales.

D.

Banks and Financial Services. Includes financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding, (i.e., not predominantly operating) companies; and other investment companies. Automated teller machines (ATMs) located away from banks are included under the definition of "personal services."

E.

Bars and Drinking Places. Includes establishments within a building where alcoholic beverages are sold for on-site consumption, which establishments are not part of a restaurant. Includes bars, taverns, pubs, brew pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

F.

Broadcasting and Recording Studios. Includes commercial and public communications uses including telegraph, telephone, radio and television broadcasting and receiving stations and studios, and television production and sound recording studios, with facilities entirely within buildings. Private transmission and receiving apparatus, such as towers, reflectors and antennas are included under the definition of "Antennas, Communications Facilities."

G.

Building Material Stores. Includes retail establishments selling lumber (which may include the cutting of pre-cut lumber) and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail sales and services"). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales.

H.

Business Support Services. Includes establishments within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

1.

Blueprinting;

2.

Business equipment repair services, (except vehicle repair, see "automotive repair");

3.

Commercial art and design (production);

4.

Computer-related services (rental, repair, maintenance);

5.

Equipment rental businesses within buildings;

6.

Film processing laboratories;

7.

Mail advertising services (reproduction and shipping);

8.

Outdoor advertising services;

9.

Photocopying; and

10.

Photo-finishing.

I.

Commercial Recreation. Includes establishments primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

1.

Amusement center. Includes public places of amusement or public places of business in which four or more coin-operated amusement devices are installed and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.

Indoor entertainment. Includes predominantly spectator uses conducted within an enclosed building, excluding uses classified under adult business establishments (see Chapter 17.49). Typical uses include motion picture theaters, and community assembly.

3.

Indoor sports and recreation. Includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, soccer arenas, athletic clubs, and health clubs.

4.

Outdoor entertainment. Includes predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor amphitheaters, concert halls and sports arenas.

5.

Outdoor sports and recreation. Includes predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include amusement parks, driving ranges, miniature golf courses, golf courses, swimming pools, and tennis courts.

6.

Residential recreation facilities. Includes predominantly participant sports which are normally associated with a country club, or are private residential community. Typical uses include country clubs, racquet clubs, golf courses, swimming pools, tennis courts, and other secondary uses including restaurants, and retail sales.

J.

Community Care Facility. Includes a facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time. Community care facilities shall be licensed by the state department of social services. Typical uses include assisted living facilities and facilities licensed by the state department of social services. Does not include long-term care facilities.

K.

Day Care Centers. Includes commercial or non-profit facilities that provide care, protection and supervision of thirteen or more minor children or adults in need of assistance for periods of less than twenty-four hours per day, typically while parents or family are working, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30, includes preschools.

L.

Eating and Drinking Establishments. Includes establishments primarily engaged in the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the "bars and drinking places" and "nightclubs." Eating and drinking establishment use types include:

1.

Fast-food with drive-through. Includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk up counter and at a drive-through window, and may include seating.

2.

Convenience. Includes establishments primarily engaged in the preparation and retail sale of food and beverages, at a walk up counter and which does not include a drive-through or provide for ordering at the tables, if any. Typical uses include pizza parlors, ice cream parlors, and sandwich shops.

3.

Full-Service. Includes establishments primarily engaged in the preparation and retail sale of food and beverages, where food is ordered and served at a table, and which may include sales of alcoholic beverages as an accessory or secondary service. Typical uses include full-service restaurants.

M.

Food and Beverage Retail Sales. Includes establishments primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores, and delicatessens.

N.

Funeral and Interment Services. Includes establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human dead other than in cemeteries.

O.

Lodging Services. Includes establishments primarily engaged in the provision of commercial lodging on a less than monthly basis to the general public. Lodging services includes incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels and motels.

P.

Long-Term Care Facility. Includes an institution or a portion of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours. Typical uses include extended care facilities, intermediate care facilities, skilled nursing facilities, hospices and other facilities licensed by the state department of health services.

Q.

Maintenance and Repair. Includes all uses that provide maintenance and repair services for furniture, appliances and equipment normally used within a building. Typical uses include sewing machine and appliance repair.

R.

Medical Services. Include establishments primarily engaged in the provision of personal health services on an outpatient basis ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis-services, but excludes uses classified under any civic use type. Typical uses include medical offices, dental laboratories, medical laboratories, health maintenance organizations, immediate care facilities, and offices for physical therapists, chiropractors, and acupuncturists. Also may include establishments which provides services to persons on an outpatient basis for the treatment of controlled substances within the meaning of Health and Safety Code Section 11007 and Schedules I through V referred to therein, as amended from time to time. Services may include, but need not be limited to, the operation of a methadone program to the extent allowed by state law. Services to persons on an outpatient basis shall not be deemed to include the operation of a program providing counseling on an individual, family or group therapy basis, or offering other forms of non-residential psychological assistance, guidance or treatment for chemical dependency.

S.

Neighborhood Commercial. Includes establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These uses are compatible with residential development due to low traffic and noise generation and include various retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, drug stores, beauty salons, and offices, but do not include drive-through restaurants, bars and drinking places, or liquor stores.

T.

Nightclubs. Includes establishments or places of entertainment within a building, open primarily at night, usually but not necessarily serving alcohol, and providing a stage or floor show or amplified live or recorded music, and space for spectators either standing or sitting, and/or dancing. Excludes uses classified under Chapter 17.49, Adult Business Establishments. Additional requirements are contained in Chapter 17.49.

U.

Nursery, Retail. Includes establishments primarily engaged in the sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise. This use type is typically conducted primarily outdoors. The sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise indoors is permitted under retail sales and services.

V.

Offices, Professional. Includes professional or government offices including:

1.

Accounting, auditing and bookkeeping services;

Advertising agencies;

3.

Architectural, engineering, and surveying services;

4.

Attorneys;

5.

Computer software designers;

6.

Court reporting services;

7.

Data processing and computer services;

8.

Detective agencies and similar services;

9.

Secretarial and word processing services;

10.

Government offices including agency and administrative office facilities;

11.

Insurance agencies;

12.

Management, public relations and consulting services;

13.

Real estate agencies; and

14.

Writers and artists offices outside the home.

W.

Outdoor Storage. Means the physical presence of any personal property not fully enclosed within a structure that is not necessarily and customarily associated with the primary use of the lot. Refer to Chapter 17.34, Accessory uses, Section 17.34.020.C.

X.

Open Air Vending. Means selling, vending, supplying, or providing any goods, wares, merchandise, produce, prepared food, fresh cut flowers or plants, crafts or any other items determined by the city managers or his or her designee to be consistent with this type of use, from an open air vending facility. Refer to Chapter 17.50, Open Air Vending.

Y.

Open Air Vending Facility. Means a location where one or more stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation, can operate for open air vending. Refer to Chapter 17.50, Open Air Vending.

Z.

Open Air Vendor. Means open air vending from a stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation.

AA.

Personal Services. Includes establishments primarily engaged in the provision of personal improvement or appearance, and similar non-business related or nonprofessional services, but excludes services classified under other use types. Typical uses include barber shops, beauty salons, tailors, shoe repair shops, massage therapist, tattoo studios, and dry cleaning pick up stations.

BB.

Retail Sales and Services. Includes establishments primarily engaged in the sale of goods and merchandise, but excludes those classified under animal sales and services, automotive and equipment, business support services, building materials stores, neighborhood commercial services, food and beverage retail sales, and gasoline sales. Typical uses include:

1.

Auto parts;

2.

Bakeries, retail;

3.

Bicycle sales;

4.

Department stores;

5.

Drug and discount stores;

6.

Furniture stores;

7.

Hardware;

8.

Orthopedic supplies;

9.

Photography studios;

10.

Self-service laundries/dry cleaning stores; and

11.

Sporting goods and equipment.

CC.

Specialized Education and Training. Includes private establishments providing training or educational programs. Typical uses include vocational schools such as business, secretarial schools, and vocational schools offering specialized trade and commercial courses and establishments furnishing educational courses by mail. Facilities, institutions, and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). Also includes specialized non-degree granting schools such as: music schools, dramatic schools, language schools, driver education schools, martial arts studios, ballet, and other dance studios.

DD.

Storage, Personal Storage Facility. Includes a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. This use type does not include the outdoor storage of boats, cars, recreational vehicles, or equipment, and does not include the rental of trucks or other equipment. (Also see Chapter 17.64.)

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Industrial use types include the on-site production and storage of goods, equipment and materials, including certain associated accessory uses. Specific industrial use types referred to in this title are:

A.

Equipment and Materials Storage Yards. Includes all uses related to outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials. It does not include any of the commercial use types identified under "automotive and equipment." Typical uses include contractor's storage yards, and corporation yards.

B.

General Industrial. Includes any manufacturing, processing, assembling, or fabrication of materials and products from raw materials, and also includes any industrial use involving an incinerator, blast furnace or other similar industrial process, including any industrial production conducted either wholly or partially outdoors. Typical uses include drum manufacturing and remanufacturing, batch plants, truss manufacturing, breweries, canneries and co-generation plants.

C.

Hazardous Materials Handling. Includes all industrial uses engaged in the handling of substances subject to the maintenance of a "risk management prevention program" under California Health and Safety Code, Section 25534. Typical uses include semi-conductor manufacturing.

D.

Impound Yards. Includes the storage of operable and inoperable vehicles for limited periods of time, within a secured enclosure. Does not include the dismantling of wrecked or inoperable vehicles which is "recycling, scrap and dismantling."

E.

Laundries, Commercial. Includes establishments primarily engaged in high volume laundry and garment services, including family and commercial laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, carpet and upholstery cleaners. Does not include coin-operated laundries.

F.

Light Manufacturing. Includes the manufacture, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, but does not include such operations as saw and planing mills, or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials. Typical uses include electronic equipment assembly, and computer component assembly.

G.

Printing and Publishing. Establishments primarily engaged in printing by letterpress, lithography, engraving, screen, offset or other common process including electrostatic (xerographic) copying and other "quick

printing" services; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices.

H.

Recycling, Scrap, and Dismantling. Includes uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. Does not include landfills or other terminal waste disposal sites.

1.

Enclosed. Includes recycling, scrap and dismantling within enclosed building.

2.

Unenclosed. Includes recycling, scrap and dismantling not within a building.

I.

Research Services. Includes establishments primarily engaged in providing research, testing, or other scientific analysis. Typical uses include soils and materials testing laboratories, electronics research firms and pharmaceutical research laboratories.

J.

Specialized Industrial. Includes establishments engaged in activities that generate noise, vibration, odor, dust, or smoke similar to other industrial uses, but that do not clearly fit within another industrial use classification. This use type involves uses that are appropriately located with other industrial development and are not classified under either a commercial or civic use type. The director shall determine that a use is classified within this use type as prescribed in Section 17.13.050.

K.

Wholesaling and Distribution. Includes establishments engaged in wholesaling, storage, warehousing and bulk sale distribution, including, but not limited to open-air handling of materials and equipment other than live animals. Does not include the outdoor storage of material which is classified under "equipment and materials storage yards." The following are wholesaling and distribution use types:

1.

Light. Includes wholesaling, storage, and warehousing within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.

2.

Heavy. Includes wholesaling, storage, distribution and handling of materials and equipment. Also includes uses engaged in the outdoor or indoor, long term or short term storage of large vehicles, and minor repair and maintenance of vehicles stored on the premises. Typical uses include truck terminal yards.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Transportation and communication use types include the transfer of information and people by various means. Specific transportation and communication use types referred to in this title are:

A.

Antennas and Communications Facilities. Includes commercial and private electromagnetic and

photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, microwave communications and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, and equipment buildings. (Also see Chapter 17.52, Antennas and Communications Facilities.)

1.

Developed Lot. Located on a building or on the same lot developed with a permitted use.

2.

Undeveloped Lot. Located on a vacant lot or not developed with a permitted use.

Does not include:

a.

Home television and radio receiving antennas and HAM radio antennas, which are included under "residential accessory structures."

b.

Telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under essential facilities use type.

c.

Satellite dishes, which are included under accessory structures regulations and subject to the standards of Section 17.34.030.

d.

Communications facilities for community services provided by a public agency.

B.

Heliport. Includes land improved and intended to be used for the landing and taking off of helicopters or vertical take-off and landing (VTOL) aircraft. Includes facilities for private non-emergency landings and take offs, and permanent life safety facilities. It does not include landing of helicopters or VTOL for emergency purposes, pursuant to the Public Utilities Code Section 21001 et seq.

C.

Intermodal Facilities. Includes private establishments engaged in the provision of transportation of persons. Typical uses include bus stations and train depots.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.16 - Residential Zones

Sections:

This chapter provides regulations applicable to primary uses in the residential zoning districts established by Section 17.10.010 (Zoning Districts Established). The residential zoning districts are as follows:

A.

Rural Residential (RR). The rural residential (RR) category is intended to accommodate large estate residential properties at the periphery of Portola.

B.

Low Density Residential (LDR). The low density residential (LDR) category is intended to provide singlefamily lots and related uses similar to those currently found at the periphery of Portola.

C.

Medium Density Residential (MDR). The medium density residential (MDR) category is intended primarily for single-family detached dwellings on individual lots, although this density range will also accommodate duplex and attached dwellings, including apartments and condominiums.

D.

High Density Residential (HDR). The high density residential (HDR) category is intended to provide for attached or multi-family dwelling units.

Primary uses are permitted in residential zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Administratively permitted use, designated as "AP"; and

C.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

RESIDENTIAL ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.70 for accessory dwelling unit regulations.

(2)

See Chapter 17.48, Community Care Facility, Large

(3)

See Chapter 17.51, Short-Term Rentals

(4)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 350, § 1, 5-9-2018; Ord. 293 § 1 (Exh. A), 2002; Ord. 289 § 2 (Exh. A (part)), 2002)

17.16.030 - Residential zone general development standards.

A.

Residential Development Standards. Permitted uses and associated structures shall comply with the following development standards, and to any other applicable requirements of this title:

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

Note: (1) The measurement is to be taken from the back of a publicly or privately maintained street or sidewalk. However, it should be noted that in certain cases, the city's right-of-way may extend further than the edge of the street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the boundaries of the public right-of-way prior to any construction activity.

B.

Clear Vision Triangle, Residential. A clear vision triangle is intended to provide clear vision for vehicular and pedestrian traffic. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the top of the existing roadway shall be erected, placed, planted, or allowed to grow within a residential clear vision triangle (see definition).

The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this section becomes effective; and official warning signs or signals.

C.

Manufactured Homes. Manufactured homes are permitted in residential zones provided they meet the following architectural standards:

1.

The manufactured home shall be covered with exterior material customarily used on conventional dwellings within the subdivision. The exterior covering material shall extend to the ground as close to grade as allowed by the manufacturer's recommendation;

2.

The manufactured home shall have a minimum of sixteen-inch roof overhangs and roofing material on the manufactured home shall be compatible with other dwellings existing in the area and shall consist of materials customarily used on conventional dwellings. The roof shall have a minimum two and a half in twelve pitch.

3.

All mobile and manufactured homes erected in the City of Portola must be placed on a foundation approved by the city building inspector, as provided in Chapter 15.20 of the Portola Municipal Code.

D.

Residential Subdivisions. A design review permit (DRP) for residential subdivisions shall be obtained if the project development involves more than four units. The DRP shall be obtained concurrently with, or following the processing of an application for, a tentative residential subdivision map. The approving authority for a design review permit is the planning commission. Issuance of the DRP indicates that the

planning commission has reviewed and approved all aspects of the design of the subdivision, including but not limited to, parking, streets, landscaping, lighting, and home design.

E.

Emergency Shelter Standards and Definition. It is the purpose of this section to prescribe standards and regulations for the establishment and ongoing regulations for the establishment and ongoing operation of emergency shelters. An emergency shelter is defined as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person in compliance with this chapter. No individual or household may be denied emergency shelter because of inability to pay.

1.

Development Standards. Prior to commencing operations the emergency shelter shall meet the following:

a.

No emergency shelter shall be located within three hundred feet of any other emergency shelter.

b.

An emergency shelter shall not exceed twelve occupants, including staff.

c.

Any residents stay shall not exceed six consecutive months.

d.

Every emergency shelter shall comply with all development standards of the zoning district in which it is located except as modified by these standards.

e.

Every emergency shelter shall provide off-street parking in accordance with Chapter 17.40.

f.

There shall be an adequate waiting area inside the building so that prospective and current residents are not required to wait on the sidewalk or in a public right-of-way.

g.

Security shall be provided on-site during hours of operation.

h.

On-site management shall be present at all times while residents are present at the shelter.

i.

Emergency Shelters shall comply with all sections of Title 15, Building and Construction.

2.

Prior to the issuance of a building permit, the emergency shelter shall provide in writing a written management plan, outlining compliance with the above (at a minimum).

3.

A business license is required to operate an emergency shelter. Prior to the issuance of a business license, the emergency shelter shall provide a management plan, outlining compliance with the above (at a minimum).

4.

A business license shall only be issued to an individual operator and not to the emergency shelter in general. Each new operator shall comply with the above standards.

F.

Transitional Housing Standards and Definition. It is the purpose of this section to prescribe standards and regulations for the establishment and ongoing regulations and operation of transitional housing. Transitional housing is defined as a building configured as rental housing, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point of time, which shall be no less than six months. The housing may be single-family or multi-family.

1.

Transitional housing shall comply with all development standards of the zoning district in which it is located except as modified by these standards.

2.

Transitional housing shall comply with all sections of Title 15, Building and Construction.

3.

Transitional housing shall be identified to the city upon operations, and/or building of a new transitional housing unit.

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 350, § 1, 5-9-2018; Ord. 304 § 1, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.19 - COMMERCIAL ZONES

Sections:

17.19.010 - Purpose.

This chapter provides regulations applicable to primary uses in the commercial zoning districts established by Section 17.10.010 (Zoning districts established). The commercial zoning districts are as follows:

A.

Core Commercial. The core commercial (CC) designation is intended to accommodate the businesses, institutions, and services for the residents of Portola and eastern Plumas County. It also includes the retail and service businesses oriented to tourists and travelers. The category includes retail stores, eating and drinking establishments, commercial recreation, service stations, financial, business and personal services, motels, public recreation, and social services.

B.

Commercial Mixed Use. The commercial mixed use (CMU) designation is intended to establish locations that include residential use in addition to employment centers, retail commercial, professional office, tourist commercial, visitor-oriented commercial activities, including hotels and motels, private commercial and recreation facilities, convention and meeting facilities, recreational vehicle parks, campgrounds, retail shops, restaurants, and related services.

C.

Service Commercial. The service commercial (SC) designation is intended for commercial uses that have heavy truck traffic, are engaged in the sale of bulk products, such as sand and gravel, or automobile repair and tire sales. The service commercial uses typically require large retail space, large storage areas, and large parking areas.

(Ord. 289 § 2 (Exh. A (part), 2002))

Primary uses are permitted in commercial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P"; and

B.

Administratively permitted use, designated as "AP"; and

C.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

COMMERCIAL ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.70 for accessory dwelling unit regulations

(2)

See Chapter 17.48, Community Care Facility, Large

(3)

See Chapter 17.51, Short-Term Rentals

(4)

See Chapter 17.49 for additional regulations

(5)

See Chapter 17.50, Open Air Vending

(6)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

17.19.030 - Commercial zone general development standards.

A.

General. Permitted uses and structures shall comply with applicable precise plans, the following development standards, and any other applicable requirements of this title.

COMMERCIAL ZONE GENERAL DEVELOPMENT STANDARDS

Note: (1) The measurement is to be taken from the back of a publicly or privately maintained street or sidewalk. However, it should be noted that in certain cases, the city's right-of-way may extend further than the edge of the street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the boundaries of the public right-of-way prior to any construction activity.

B.

Clear Vision Triangle, Nonresidential. A clear vision triangle is intended to provide clear vision for vehicular and pedestrian traffic. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the top of the existing roadway shall be erected, placed, planted, or allowed to grow within a commercial clear vision triangle (see definition).

The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this section becomes effective; and official warning signs or signals.

(Ord. No. 352, § 1, 11-28-2018; Ord. 304 § 2, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.22 - INDUSTRIAL AND MANUFACTURING ZONES

Sections:

This chapter provides regulations applicable to primary uses in the industrial zoning districts established by Section 17.10.010 (Zoning districts established). The industrial districts are as follows:

A.

Business Professional/Light Industrial. The business professional/light industrial (BP/LI) category is intended to accommodate light industrial, light assembly regional services, public and private commercial recreation, small warehouse and distribution, communications and information services, mail order services, and research and development businesses appropriate to the city's setting.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Primary uses are permitted in industrial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Administratively permitted use, designated as "AP"; and

C.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

INDUSTRIAL ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.51, Short-Term Rental

(2)

See Chapter 17.50, Open Air Vending

(3)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

17.22.030 - Industrial zone general development standards.

A.

General. Permitted uses and structures shall comply with applicable precise plans, and any other applicable requirements of this title.

INDUSTRIAL ZONE GENERAL DEVELOPMENT STANDARDS

;sz=9;Note: (1) The measurement is to be taken from the back of a publicly or privately maintained street or sidewalk. However, it should be noted that in certain cases, the city's right-of-way may extend further than the edge of the street or sidewalk. In these cases, the city maintains its property rights over such right-ofway and all rights and privileges included therein. The property owner is required to verify the boundaries of the public right-of-way prior to any construction activity.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.25 - Civic and Resource Protection Zones

Sections:

This chapter provides regulations applicable to primary uses in the civic and resource protection zoning districts established by Section 17.10.010 (Zoning districts established). The civic and resource protection districts are as follows:

A.

Utilities (U). The utilities (U) designation includes the infrastructure in the community, such as the landfill, wastewater treatment plant and ponds, and the railroad. Development in these areas is generally restricted to the facilities associated with the primary utility.

B.

Public/Quasi-Public (P/QP). The public/quasi-public (P/QP) designation includes civic and institutional uses such as city hall, the library, the hospital, the post office, parks and schools. Private institutional uses include meeting halls, private schools, and churches.

C.

Parks. The parks (PR) designation includes parkland intended to provide recreation amenities for Portola residents and to provide space for public gatherings that may attract visitors to the community.

D.

Open Space/Conservation (OSC). The open space/conservation (OSC) designation covers those areas of the city in which development is constrained by a historic, cultural, aesthetic, or natural environmental conditions. These areas include drainages and the riverfront area.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Primary uses are permitted in civic and resource protection zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P"; and

B.

Conditionally permitted use, designated as "CUP".

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

CIVIC AND RESOURCE PROTECTION ZONE DISTRICTS PERMITTED USES

Notes:

(1)

See Chapter 17.51, Short-Term Rentals

(2)

See Chapter 17.50, Open Air Vending

(3)

See Chapter 17.34, Accessory Uses

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

17.25.030 - Civic and resource protection zone general development standards.

A.

General. Permitted uses and structures shall comply with applicable precise plans, and any other applicable requirements of this title.

B.

Single-Family/Caretaker. Development standards will be determined as part of a conditional use permit.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.28 - OVERLAY AND SPECIAL PURPOSE ZONES

Sections:

17.28.010 - Purpose.

The overlay and special purpose zone districts established by this title provide guidance for development and new land uses in addition to the standards and regulations of the applicable zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described in subsection B of this section by provisions designed to:

1.

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause increases in flood heights or velocities;

2.

Require that uses vulnerable to floods, including public facilities that serve such uses, be protected against flood damage at the time of initial construction;

3.

Protect individuals from buying lands that are unsuited for intended purposes because of flood hazard;

4.

Avoid unnecessary expenditures of public funds to remedy flood hazards resulting from imprudent uses of lands vulnerable to floods;

5.

Maintain and preserve the existing stream channels and stream vegetation in as nearly natural condition as possible in order to preserve wildlife and fish habitat as well as to avoid the expenditure of public funds to remedy or avoid flood hazards, unnatural watercourse diversion, erosion, or situations caused by piecemeal alterations of natural watercourses and flood carrying areas, while balancing this need against the need to reduce the physical area of the floodplain; and

6.

Have individual property owners assume responsibility for their actions.

B.

Findings of Fact.

1.

The areas of special flood hazard of the City of Portola are subject to periodic inundation which results in property, health, and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard that increase flood heights and velocities, and, when structures are inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss.

2.

Regulation of areas of special flood hazard is necessary because of the compelling need to insure safety and the availability of flood insurance to the residents of the City of Portola, in that the government of the United States, through the Federal Emergency Management Agency (FEMA) and the Federal Insurance Agency (FIA), requires that these regulations be adopted before flood insurance can be obtained by residents.

C.

Definitions.

1.

Area of special flood hazard. Land subject to a one percent or greater chance of flooding in any given year.

2.

Base flood. The flood level having a one percent chance of being equaled or exceeded in any given year.

3.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land area lying outside normal stream channel as result of one or more of the following occurrences or conditions - the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

4.

Flood insurance. The insurance coverage provided under the National Flood Insurance Program.

5.

Flood insurance rate map (FIRM). An official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones, on file in the office of the building inspector.

6.

Flood, one hundred-year. A flood estimated to occur at an average of once in one hundred years (one percent frequency of occurrence), determined from an analysis of historical flood and rainfall records and

computed in accordance with accepted methodology to the satisfaction of the Building Inspector and established by the FIRM.

7.

Floodplain. The floodplain refers to those shown in those certain aerial photographic maps and designated as "Official Floodplain Maps" of the City of Portola, kept and maintained in the office of the building inspector as provided by FEMA.

8.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.

9.

Freeboard. The vertical height distance between the water surface elevation of the one hundred-year flood and typically the lowest habitable floor of a building or accessory structure. Freeboard represents a safety factor for flood protection and, as such, is also used in the design of levees and altered stream channels.

10.

Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. An unfurnished or flood resistant enclosure, usable solely for vehicular parking, building access, or storage, in an area other than a basement area, is not considered a structure's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of any applicable non-elevation design requirements of this title.

11.

Regulatory floodway. The channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The regulatory floodway is delineated on the FIRM.

D.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) dated March 2, 2005, and all subsequent amendments and/or revisions, are adopted by reference and declared to be part of this

section. The FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas which allow implementation of this section and which are recommended to the city council by the floodplain administrator. The study and FIRMs are on file at 35 Third Avenue, P.O. Box 1225, Portola, CA 96122.

E.

Applicability of Standards. In any district with which is combined a floodplain (FP) district, the regulations of this section shall apply in addition to those specified elsewhere in this title for such districts. Provided, however, that in the event of conflict between this section and other provisions in this title, the regulations of this section shall govern, and all uses that are not permitted uses or permissible as flood encroachment uses within the floodplain (FP) districts are prohibited.

F.

Floodplain (FP) Permitted Uses. The following uses, having a low flood damage potential and not obstructing flood flows, are permitted within the floodplain (FP) district. Provided, however, that no such use shall include structures, fill, or storage of materials or equipment. And further provided, however, that no such use shall adversely affect the capacity of the channels or floodways, or of any tributary to the main stream, drainage ditch, or any other drainage facility or system, nor shall any use increase the water surface elevation of the base flood:

1.

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting;

2.

Accessory industrial-commercial uses such as loading areas, parking areas, airport landing strips;

3.

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, park, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails;

4.

Accessory residential uses such as lawns, gardens, parking areas and play areas.

G.

Flood Encroachment Uses. The following uses, which may involve structures (temporary or permanent), fill, or storage of materials or equipment, may be permitted within the floodplain (FP) district only upon the issuance of a flood encroachment permit:

1.

Uses or structures accessory to uses permitted by Article II (zoning districts and allowable land uses), but not including any structure designed or used for human residence;

2.

Circuses, carnivals, and similar temporary or transient amusement enterprises;

3.

Drive-in theaters, new and used car lots, temporary roadside stands, and freestanding signs or billboards (where permitted by the sign ordinance of the City of Portola, Portola Municipal Code Title 17.);

4.

Extraction of sand, gravel, and other materials;

5.

Marinas, boat rentals, docks, piers, and wharves;

6.

Railroad, streets, bridges, utility transmission lines, and pipelines;

7.

Storage yards for readily transportable equipment, machinery, or materials;

8.

Kennels and stables;

9.

Other similar uses of a primarily open space nature.

H.

Floodplain (FP) District Permitted Uses. The following uses are permitted within the floodplain (FP) district:

1.

Any use permitted in subsection F and G;

2.

Structures, including residential structures and mobile homes.

I.

Standards for Floodplain Use. The following standards shall govern use of land zoned for floodplain (FP) use:

1.

General standards. All uses shall comply with the provisions of this subsection. No structure (temporary or permanent), fill (including fill for roads and levees), obstruction, excavation, storage of materials or equipment, or other use is allowed which, acting alone or in combination with existing or future uses: adversely affects the capacity of the regulatory floodway or of areas where base flood elevations have been

determined, but floodways have not been determined; increases peak flow; adversely affects the stream channel; increases flood heights; or is likely to have an adverse effect on a proposed use. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides along the stream. All uses shall:

a.

Be consistent with the need to minimize flood damage;

b.

Be located and constructed to minimize flood damage;

c.

Provide adequate drainage to reduce flood hazards.

2.

Fill or excavation standards. Uses involving any grading, fill, or excavations shall comply with the following standards, in addition to those in subsection G.

a.

Any fill proposed to be deposited in the regulatory floodway must be shown to have some beneficial purpose, and the amount of fill shall not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials or excavations.

b.

Such fill or other materials or area of excavation shall be protected against erosion by rip-rap, vegetative cover, or bulkheading.

3.

Standards for structures. All uses involving any structures, whether temporary or permanent, shall comply with the following standards, in addition to those contained in subsection G above.

a.

Structures designed or used for human residence are not permitted in the floodplain (FP) zone.

b.

Structures shall have a low flood damage potential.

c.

Structures shall be constructed and placed on the building site so as to not obstruct the flow of floodwaters.

i.

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of floodflow;

ii.

Structures shall be firmly anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

d.

Service or utility facilities, such as electrical and heating equipment, shall be constructed at least one foot above the base flood elevation or shall be floodproofed.

e.

In all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

f.

Structures, including residential structures, which are constructed on fill shall be elevated so that the lowest floor is at least one foot above the base flood elevation. Nonresidential structures may be floodproofed in compliance with subsection e above in lieu of elevation.

g.

All structures shall be certified upon completion in the "as built" condition by a licensed land surveyor or a registered civil engineer permitted to practice land surveying that the elevation of the lowest floors, including any basement, are at least one foot above the base flood elevation, or have been floodproofed in compliance with subsection E above. Provided, that minor additions to existing single family residences may be constructed at the same level as the existing house.

h.

Mobile homes shall be elevated above the base flood as provided in subsection f above and shall additionally be anchored as provided in subsection c. All mobile homes erected in the City of Portola must be placed on a foundation, as approved by the city building Inspector and required in the Chapter 15.20 of this code.

i.

All construction shall be with materials resistant to flood damage.

4.

Storage of material or equipment. All uses involving the storage of materials or equipment shall comply with the following standards, in addition to those in subsection I.

a.

The storage or processing of materials that are buoyant, flammable, toxic, explosive, or could be injurious to human, animal, or plant life, in time of flooding, is prohibited.

b.

Storage of other material or equipment may be allowed if it is not subject to major damage by floods and is readily removable from the area within the time available after flood warning.

c.

All materials or equipment shall be kept anchored or otherwise restrained to prevent them from being carried downstream by floodwaters.

d.

This subsection shall not apply to ordinary household/residential items in amounts normally kept in residences.

5.

Procedure. Except for those matters required to be accomplished after construction, the project proponent shall demonstrate compliance with the requirements of this section either at the hearing of the approving authority for those projects requiring a flood encroachment permit, or prior to issuance of any building, grading, or occupancy permit for projects not requiring a flood encroachment permit.

J.

Criteria for Development Approval. In passing upon such applications for flood encroachment permits, the approving authority shall consider all relevant factors specified in this section and:

1.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

2.

The danger that materials may be swept onto other lands or downstream to the injury of others.

3.

The proposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4.

The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner.

5.

The importance of the services provided by the proposed facility to the community.

6.

The requirements of the facility for a waterfront location.

7.

The availability of alternative locations not subject to flooding for the proposed use.

8.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9.

The compatibility of the proposed use to the general plan and floodplain management program for the area.

10.

The safety and availability of access to the property in times of flood for ordinary and emergency vehicles.

11.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

12.

The compatibility of the proposed use with preservation of valuable fish and wildlife habitat.

13.

Such other factors which are relevant to the purposes of this section.

K.

Conditions Attached to Flood Encroachment Permits. Upon consideration of the factors listed in subsection J above and the purposes of this section, the approving authority may attach such conditions to the granting of flood encroachment permits as it deems necessary to further the purposes of this section. Among such conditions, without limitation because of specific enumeration, may be included:

Modification of waste disposal and water supply facilities.

2.

Limitations on periods of use and operation.

3.

Imposition of operational controls, sureties, and deed restrictions.

4.

Requirements for construction of channel modifications, dikes, levees, and other protective measures.

5.

Floodproofing measures shall be designed consistent with the base flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The review body shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the base flood protection elevation and associated flood factors for the particular area. The following floodproofing measures, without limitation because of specific enumeration, may be required:

a.

Anchorage to resist flotation and lateral movement. In the case of mobile homes or additions to mobile homes, the anchoring shall be by one of the following methods, and shall be certified to in the "as built" condition by a registered professional engineer:

i.

An anchoring system designed to withstand at a minimum, horizontal forces of fifteen pounds per square foot and uplift forces of nine pounds per square foot; or

ii.

By anchoring the unit's system in compliance with the department of housing and development mobile home construction and safety standards and FEMA manual No. 85, "Manufactured Home Installation in Flood Hazard Areas" (Sept. 1985).

b.

Installation of watertight doors, bulkheads, and shutters or similar methods of construction.

c.

Reinforcement of walls to resist water pressures.

d.

Use of paints, membranes or mortars to reduce seepage of water through walls.

e.

Addition of mass or weight to structures to resist flotation.

f.

Installation of pumps to lower water levels in structures.

g.

Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

h.

Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

i.

Construction to resist rupture or collapse caused by water pressure to floating debris.

j.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

k.

Location of all water supply systems, sanitary sewer systems, on-site waste disposal systems, electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding or infiltration of floodwaters and to provide protection from contamination or inundation by the base flood.

l.

Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic material which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the base flood protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

L.

Records. The building inspector shall maintain records of certifications of floor elevations, floodproofing and encroachments as required by law.

M.

Maintenance of Pre-existing Uses. Nothing in this section shall be construed to prohibit the normal, ordinary, or necessary maintenance or repair of a pre-existing, nonconforming use or structure in

accordance with Chapter 17.37 of this title. It is the intent of this section that current lawful uses of floodprone lands shall be grandfathered and permitted.

N.

Violation. It is unlawful for any person to maintain, use, grade, or fill any property zoned Floodplain (FP) in violation of this section, or to violate any condition of a flood encroachment permit granted pursuant to this section, or to violate any other provision of this chapter.

O.

Conflict. Where the provisions of this section conflict with another section of this code, the more restrictive language shall govern.

(Ord. 309 § 2, 2005; Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to allow for the specific creation of an "old town" overlay in the City of Portola. This designation will allow specific parcels to modify a parking requirement based on Section 17.40.030(D). The creation of an old town overlay will allow the city to target parcels the owners of which may be interested in design standards and parking specific to the old town area.

B.

Findings of Fact.

1.

There are development conditions specific to the parcels located in the old town overlay area that call for specific regulation. These conditions include narrow lots that are not conducive to the provision of off-street parking, narrow streets developed prior to common use of the automobile, and structures of historical importance to the city.

C.

Establishment of Old Town Overlay District. The old town overlay District shall constitute that portion of the city identified on the official zoning map as the old town overlay and depicted on the official zoning map in the office of the city clerk.

D.

Applicability of Standards. In any district with which is a combined old town (OT) overlay, the standards of the underlying zoning designation shall apply. Provided, however, that in the event of conflict between this section and other provisions in this title, the regulations of this section shall govern.

E.

Old Town (OT) Permitted Uses. The uses described in the underlying zoning designation shall apply.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to allow for the specific creation of a "downtown core" overlay in the City of Portola. The downtown core designation is intended to provide for parcels located along Highway 70 in the City of Portola. This designation will allow specific parcels to modify a parking requirement based on Section 17.40.030(D). The creation of a downtown core overlay will allow the city to target parcels the owners of which may be interested in design standards and parking specific to the downtown core area.

B.

Findings of Fact.

1.

There are development conditions specific to the parcels located in the downtown core overlay area that call for specific regulation. These conditions include narrow lots that are not conducive to the provision of off-street parking and structures of historical importance to the city.

C.

Establishment of the Downtown Core Overlay District. The downtown core overlay district shall constitute that portion of the city identified on the official zoning map as the downtown core overlay and depicted on the official zoning map in the office of the city clerk.

D.

Applicability of Standards. In any district with which is a combined downtown core (DC) overlay, the standards of the underlying zoning designation shall apply. Provided, however, that in the event of conflict between this section and other provisions in this title, the regulations of this section shall govern.

E.

Downtown Core (DC) Permitted Uses. The uses described in the underlying zoning designation shall apply.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of the landfill overlay to control operation of landfill operations so that they will not create a health or safety hazard nor cause hardship to adjacent property owners.

B.

Findings of Fact.

1.

There are conditions specific to landfill areas that call for specific regulation. These conditions include noise, litter, and erosion.

C.

Establishment of Landfill Overlay District: The landfill overlay district shall constitute that portion of the city identified on the official zoning map as the landfill overlay and depicted on the official zoning map in the office of the city clerk.

D.

Landfill (LF) Permitted Uses. The following uses are permitted within the landfill (LF) overlay:

1.

Operation of a Class II sanitary landfill is allowed, conditioned upon assurances of the following:

a.

Hours of operation; daily, regular business hours with no operation between seven p.m. and seven-thirty a.m.;

b.

Working face shall be confined to one area to reduce dust;

c.

Working face cover shall be adequate to reduce spread of disease and litter;

d.

An erosion control plan shall be prepared to control runoff and erosion.

E.

Landfill (LF) Future Uses. Upon closing of any landfill, the site shall be adequately covered, compacted, and revegetated. Uses then allowed may include those not sensitive to potential gas migration, including agriculture, forestry, open space/conservation, recreation, and storage facilities.

F.

Future Prohibited Landfill (LF) Uses. Upon closing of any landfill, no human habitation uses are allowed.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Purpose. It is the purpose of this section to allow for a combined land use district known as the precise plan overlay. The precise plan overlay regulations consist of those regulations set forth in this chapter together with the specific regulation in the district(s) or zone(s) which is (are) combined with the precise plan overlay.

Proceedings to establish a precise plan may be initiated by the planning commission, city council, or a property owner, pursuant to Section 17.97.

The purpose of the precise plan overlay is to assure that yards, open space, structures, parking, loading facilities, landscaping, streets, and similar uses and development of land within the district will be located in accordance with an approved precise plan providing for compatible developments with the district and a compatible relationship with development in adjoining districts.

B.

Establishment of the Precise Plan (PP) Overlay District. Upon approval of a precise plan, that designation will be depicted as a precise plan (PP) overlay on the official zoning map in the office of the city clerk.

C.

Precise Plan. At the time of the application for rezoning, the applicant shall file eight copies of the proposed precise plan, drawn to scale and prepared by a licensed architect, landscape architect, civil engineer, land surveyor, or other qualified land use planner, which proposed precise plan shall precisely indicate:

1.

Parcel dimensions in distances and bearings;

2.

All existing and proposed buildings and structures-locations;

3.

Yards and open spaces between buildings;

4.

Enclosures, walls, fences including, location, heights, and materials;

5.

Off-street parking, including location number of spaces, dimensions of parking areas, and internal circulation patterns;

6.

Access, including pedestrian, vehicular, service; points of ingress and egress, internal circulation, design, and improvements;

Signs, including location, size and height, types of materials, test, and lighting;

8.

Loading, including location, dimensions, number of spaces and internal circulation;

9.

Open storage areas, including location and use;

10.

Landscaping, including location of all existing trees twenty feet or higher, proposed landscaping plan indicating location and type of trees, shrubs, and groundcovers;

11.

Lighting, including location and general nature;

12.

Street dedications and improvements;

13.

Such other data as may be required under the circumstances of each application to permit the planning commission to properly consider the application.

D.

Precise Plan (PP) Permitted Uses. The uses permitted in the precise plan overlay are the uses authorized in the district(s) or zone(s) which are combined with the precise plan. If the proposed use requires the issuance of a land use permit, the approval of a precise plan is deemed approval of the land use permit.

E.

Yard Requirements. The front, rear, and side yard requirements in the precise plan overlay are those front, rear, and side yard requirements which are shown upon the approved precise plan.

F.

Lot Requirements. The area, width, and depth of the lot and percentage of lot coverage in a precise plan overlay are the area, width, and depth requirements established for the land use district(s) or zones(s) which is (are) combined with the precise plan overlay unless variation is necessary due to the peculiarities of the area.

G.

Building Height. The height limit in the precise plan overlay is the height limit established for the land use district(s) or zone(s) which is (are) combined with the precise plan overlay unless a variation is appropriate due to the peculiarities of the area.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Article III - General Development Regulations Chapter 17.31 - GENERAL DEVELOPMENT STANDARDS

Sections:

The provisions of this chapter apply to all zones and all use classifications unless otherwise stated.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.34 - ACCESSORY USES AND STRUCTURES

Sections:

The purpose of these provisions is to specify the uses that are permitted as accessory to the primary uses in the zone districts, and to establish the regulations that apply to accessory structures.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Accessory Uses Encompassed by Primary Use. In addition to the primary uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary uses. It shall be the responsibility of the director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary use, based on the director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the primary uses and the relationship between the proposed accessory use and the primary use. Determinations by the director shall be subject to appeal pursuant to Chapter 17.91, and a record of all such determinations shall be maintained by the director.

B.

Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the primary uses within each use classification, except as otherwise expressly provided by these regulations.

C.

Outdoor Storage Defined. For the purposes of this section, outdoor storage means the physical presence of any personal property not fully enclosed within a structure that is not necessarily and customarily associated with the primary use of the lot.

1.

Outdoor storage includes, but is not limited to:

a.

A "junk yard" as defined in Section 17.106.030;

b.

Junk, imported waste, and discarded or salvaged materials;

c.

Dismantled vehicles and vehicle parts;

d.

New building materials and supplies for any project for which no building permit has been issued;

e.

New or used furniture or appliances;

f.

Other miscellaneous personal property not excluded by subsection C.2 of this section.

2.

Outdoor storage does not include the following:

a.

The parking or storing for personal, non-commercial use, of operable and registered vehicles and boats, off-highway vehicles, snowmobiles, and personal watercraft; and

b.

The storage of residential building materials and supplies which are needed to construct a project on the parcel for which a building permit has been issued; and

c.

Firewood for personal, non-commercial use.

D.

Permitted Accessory Uses for a Dwelling Use Type.

1.

Home occupation, as permitted in Chapter 17.55.

2.

Garage/yard sales, with the following limitations:

a.

Three sales per calendar year at the same address;

b.

Not to exceed three calendar days per event; and

c.

As otherwise regulated in Section 17.64.030.A.3 as a temporary use.

3.

Outdoor storage, provided that:

a.

All outdoor storage in residential zones, including shipping containers where permitted, shall be screened on all sides through a combination of building design, dense landscaping at least six-foot high, and/or other solid screening material (i.e., siding, fencing). Outdoor storage that is not completely screened, as determined by the director, is not permitted;

b.

Outdoor storage on an undeveloped lot is not permitted, unless the undeveloped lot is adjacent to a developed lot under the same ownership and the outdoor storage is considered to be accessory to the primary use of the developed parcel.

4.

Shipping containers on residential lots greater than six thousand square feet, as long as the lot meets the residential zone general development standards established in Section 17.16.030.

5.

Off-street parking areas and parking structures for use by persons living, or visiting the premises.

6.

Parking for oversize vehicles in accordance with Section 10.40.087.

7.

Repair and maintenance of automobiles or other vehicles if work is being done on a vehicle registered to a resident of the premises, of not more than one automobile or other vehicle at a time if work is being done on a vehicle registered to someone other than a resident of the premises. Notwithstanding the above, repair or maintenance of any tractor-trucks or semi-trucks is not permitted in any residential zone district.

8.

Rental and sales offices for the leasing and sales of units located in the same apartment or condominium complex.

E.

Permitted Accessory Uses for Schools, Community Assembly, and Community Services Use Types.

1.

Recycling collection center for collection of newspapers only, by nonprofit organizations, when operated in conformance with Chapter 17.67 (Recycling Collection Centers).

2.

Fundraising sales and events.

3.

Outdoor storage, provided that:

a.

All outdoor storage for school, community assembly, and community services use types, including shipping containers, shall be screened from public view through a combination of building design, landscaping and berming, location, and/or other solid screening material (i.e., siding, fencing). Outdoor storage that is not completely screened, as determined by the director, is not permitted;

b.

Outdoor storage on an undeveloped lot is not permitted, unless the undeveloped lot is adjacent to a developed lot under the same ownership and the outdoor storage is considered to be accessory to the primary use of the developed parcel.

4.

Parking for oversize vehicles in accordance with Section 10.40.087.

F.

Permitted Accessory Uses for Commercial and Industrial Use Types.

Automatic teller machine.

2.

Cafeteria, delicatessen, and food vending with an area of less than one thousand square feet.

3.

Fleet storage of company owned vehicles within a parking lot.

4.

Open air vending facilities, as permitted by Chapter 17.50, provided that an administrative permit has been obtained.

5.

Outdoor storage, provided that:

a.

All outdoor storage in commercial zones, including shipping containers, shall be screened from public view through a combination of building design, landscaping and berming, location, and/or other solid screening material (i.e., siding, fencing). Any outdoor storage that is not completely screened, as determined by the director, is subject to a conditional use permit;

b.

There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts except where authorized by an automobile, trailer, airplane, or boat sales business in commercial zones.

c.

Outdoor storage on an undeveloped lot is not permitted, unless the undeveloped lot is adjacent to a developed lot under the same ownership and the outdoor storage is considered to be accessory to the primary use of the developed parcel.

6.

Parking for oversize vehicles in accordance with Section 10.40.087.

7.

Recreational facilities (indoors or outdoors) for use of employees. Such facilities include, but are not limited to: basketball courts, ballfields, putting greens and volleyball courts.

8.

Recycling collection center, as permitted by Chapter 17.67.

G.

Prohibited Accessory Uses Within All Zone Districts and Use Types.

1.

Outdoor storage as defined in this section shall not be visible from any public right-of-way, except that outdoor storage of materials and equipment may be permitted consistent with the use types and permit requirements of this title.

2.

Outdoor storage shall not be permitted as a primary use on any parcel in all zones.

3.

Vehicles for Sale. No vehicles or boats shall be stored or displayed for sale on any undeveloped parcel or on any property zoned for commercial or industrial uses except where authorized for automobile sales pursuant to this title.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

17.34.030 - Accessory structures.

A.

Accessory Structures Included With Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures.

1.

It shall be the responsibility of the director to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the director's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the director shall be subject to appeal pursuant to Chapter 17.91, and a record of all such determinations shall be maintained by the director.

2.

All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required.

3.

All accessory structures shall maintain the following required setbacks, unless reviewed and approved by the planning commission, as described below in Section 17.34.030.A.4: front setback = twenty feet; side setback = ten feet if adjacent to the edge of a publicly or privately maintained street, right-of-way, and/or sidewalk, or five feet for an interior lot; rear setback = ten feet. All measurements shall be measured from the back of a publicly or privately maintained street and/or sidewalk or public right-of-way, or property line

in the case of side setbacks for interior lots or rear setbacks where there is no public right-of-way adjacent to the rear of the property. However, it should be noted that in certain cases, the city's right-of-way may extend further than a street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the public right-of-way prior to any construction activity.

4.

A property owner may request that the planning commission modify the required setbacks for all accessory structures if site limitations make it unreasonable or impractical to maintain such setbacks in accordance with the standards of this chapter. A request for modification of the required setbacks shall be accompanied by a site plan that demonstrates the subject property, adjacent parcels and right-of-way, and proposed location of the accessory structure. The site plan shall be drawn to scale.

B.

Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the primary structures within each zoning district, except as otherwise expressly provided by these regulations. Accessory structures may be established concurrently or following the construction of a primary structure.

C.

Permitted Accessory Structures to Dwelling Use Type (Single-Family and Two-Family).

1.

Attached and detached garages and carports.

a.

Carports shall meet the following requirements:

i.

Snow load of eighty pounds per square foot.

ii.

Wind speed of seventy miles per hour.

iii.

Temporary carports may be sited anywhere on the property such that there is no snow shedding onto adjacent property or public right-of-way.

iv.

Applicant shall submit a set of plans to the building department that demonstrates all requirements are met.

Decks. Uncovered decks under thirty inches in height are permitted anywhere on a parcel, provided, however, that all required setbacks are maintained, unless reviewed and approved by the planning commission. Any deck which is thirty inches or taller in height, as measured from the pad grade of the parcel at the foundation of the house and maintaining a level plane to the highest point of the deck sheathing, shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4), and shall be located consistent with residential clear vision triangle requirements of Section 17.16.030.B.

3.

Shade structures, including attached or detached shade structures, covered patios or gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a.

The structure shall not enclose any area equal to or greater than twenty percent on any side not attached to the residence;

b.

The structure shall not be constructed of materials which would create a year-round livable area;

c.

The structure shall not exceed fifteen feet in height; and

d.

The structure shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

==> picture [216 x 130] intentionally omitted <==

4.

Buildings or structures less than one hundred twenty square feet and:

a.

Less than seven feet in height.

i.

General. Detached buildings or structures less than or equal to one hundred twenty square feet in floor area and less than seven feet in height may be located anywhere within a parcel, but shall maintain all required setbacks.

==> picture [216 x 160] intentionally omitted <==

b.

Greater than seven feet in height, and:

i.

The maximum height is fifteen feet and one story;

ii.

All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4);

iii.

Twelve and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv.

For each foot in height above ten feet, the required setback shall be increased by one foot.

5.

Building(s) or structure(s) greater than one hundred twenty square feet. Accessory buildings or structures located on the same lot that individually or cumulatively are equal to or greater than one hundred twenty square feet in floor area are subject to the following requirements:

a.

General.

i.

All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

ii.

A maximum of seven hundred square feet of detached building(s) or structure(s) is permitted on the same lot. Additional square footage of detached accessory building(s) or structure(s), in excess of seven hundred square feet, may be permitted upon approval of a conditional use permit.

iii.

A minimum six-foot separation shall be maintained from any other building or structure located on the same lot.

iv.

An extension of the main building or accessory building roof (e.g., a breezeway) may connect the accessory building to the primary building, but it shall not be considered part of (attached to) the main (primary) building. The breezeway and accessory building must maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4). In addition, any accessory structure located less than six feet from a primary building shall be considered attached to (and part of) the primary building for purposes of this article.

v.

Additions to primary structures that exceed seven hundred square feet in area may be permitted upon approval of a conditional use permit, which may include a public hearing as provided in Sections 17.82.010 and 17.88.020.

b.

For buildings greater than seven feet in height, the following shall apply:

i.

The maximum height is fifteen feet and one story;

ii.

All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4);

iii.

Twelve and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv.

For each foot in height above ten feet, the required setback, except for the front yard setback, shall be increased by one foot.

c.

For buildings less than or equal to seven feet in height, the following setbacks shall be maintained:

i.

All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

6.

Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall, may be located anywhere on a parcel consistent with the following requirements:

a.

The maximum height shall be reduced as follows in each situation listed below:

i.

Within a residential clear vision triangle, the maximum height shall be reduced to thirty-six inches in height (see definition);

ii.

Within a required front setback, the maximum height shall be reduced to four feet in height outside the clear vision triangle; or

iii.

Within five feet of the back of the publicly or privately maintained sidewalk or in the absence of a sidewalk the back of the street or right-of-way of a street-side for a corner lot or within ten feet of the back of the publicly or privately maintained sidewalk, street, or right-of-way of a street-side for a corner lot adjacent to a key lot, the maximum height shall be reduced to four feet in height outside the clear vision triangle.

==> picture [216 x 102] intentionally omitted <==

b.

A fence or wall that is adjacent to an alleyway may be constructed to a maximum height of six feet, including lattice and similar attachments.

c.

When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

d.

The height of a fence or wall may be increased a maximum of two feet to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit pursuant to Section 17.82.010.A. Fences and walls in excess of eight feet may be permitted subject to the approval of a conditional use permit.

e.

No fence or wall in a residential district may include security attachments that may cause bodily harm, including but not limited to, barbed wire, razor wire, electrified fencing, or other similar attachments.

f.

The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

7.

Flag poles. The pole may be maximum of thirty feet in height and shall maintain a minimum of ten-foot setback from any property line. Flagpoles shall be subject to review by the city building inspector who may require the flagpole to be engineered.

8.

Security facilities. Including security gates and gate houses at a project entrance.

9.

Antennas. Including HAM radio, radio and television receiving antennas subject to requirements of Chapter 17.52.

Children's play equipment. Including playsets, playhouses and tree houses.

11.

Recreation facilities. Including recreation activity courts and facilities, swimming pools, spas and hot tubs.

12.

Satellite dishes. Satellite dishes as allowed in Chapter 17.52.

13.

Entry arbors. Entry arbors may be located within the required front yard setback provided they do not cover more than twenty-five square feet in area and do not exceed a height of ten feet.

D.

Permitted Accessory Structures to Dwelling Use Type (Multi-family).

1.

Carports, garages, bicycle lockers, and off-street parking areas.

a.

Carports shall meet the following requirements:

i.

Snow load of eighty pounds per square foot.

ii.

Wind speed of seventy miles per hour.

iii.

Temporary carports may be sited anywhere on the property such that there is no snow shedding onto adjacent property or public right-of-way.

iv.

Applicant shall submit a set of plans to the building department that demonstrates all requirements are met.

2.

Decks. Uncovered decks under thirty inches in height are permitted anywhere on a lot, provided however, that required setbacks are maintained unless reviewed and approved by the planning commission. Any deck of thirty inches or taller, as measured from the pad grade of the lot at the foundation of the dwelling and maintaining a level plane to the highest point of the deck sheathing, shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4) and shall be located consistent with residential clear vision triangle requirements of Section 17.16.030.B.

3.

Shade structures, including attached or detached shade structures, covered patios, arbors, or gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a.

The structure shall not enclose any area equal to or greater than twenty percent on any side not attached to the residence;

b.

The structure shall not be constructed of materials that would create a year round livable area;

c.

The structure shall not exceed fifteen feet in height; and

d.

The structure shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

4.

Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall, may be located anywhere on a parcel consistent with the following requirements:

a.

The maximum height shall be reduced as follows in each situation listed below:

i.

Within a residential clear vision triangle, the maximum height shall be reduced to thirty-six inches in height (see definition);

ii.

Within a required front setback, the maximum height shall be reduced to four feet in height outside the clear vision triangle; or

iii.

Within five feet of the back of the sidewalk or right-of-way of a street-side for a corner lot or within ten feet of the back of the sidewalk or right-of-way of a street-side for a corner lot adjacent to a key lot, the maximum height shall be reduced to four feet in height outside the clear vision triangle.

b.

A fence or wall that is adjacent to an alley way may be constructed to a maximum height of six feet, including lattice and similar attachments.

c.

When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

d.

The height of a fence or wall may be increased a maximum of two feet to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit pursuant to Section 17.82.010.A. Fences and walls in excess of eight feet may be permitted subject to the approval of a conditional use permit.

e.

No fence or wall in a residential district may include security attachments that may cause bodily harm, including but not limited to, barbed wire, razor wire, electrified fencing, or other similar attachments.

f.

The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

5.

Flag poles. The pole may be maximum of thirty feet in height and shall maintain a minimum of ten-foot setback from any property line and subject to review of city building inspector. Flagpoles shall be subject to review of the city building inspector who may require the flagpole to be engineered.

6.

Security facilities. Including security gates and gate houses at a project entrance.

7.

Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.52.

8.

Recreation facilities. Including recreation activity courts and facilities, children's play equipment, swimming pools, spas and hot tubs.

9.

Satellite dishes. Satellite dishes as allowed in Chapter 17.52.

10.

Signs, as permitted by Chapter 17.76 of this code.

11.

Transit facilities.

12.

Trash enclosures and recycling facilities.

E.

Permitted Accessory Structures to Commercial and Industrial Use Types.

Carports, garages, bicycle lockers, and off-street parking areas and structures.

a.

Carports shall meet the following requirements:

i.

Snow load of eighty pounds per square foot.

ii.

Wind speed of seventy miles per hour.

iii.

Temporary carports may be sited anywhere on the property such that there is no snow shedding onto adjacent property or public right-of-way.

iv.

Applicant shall submit a set of plans to the building department that demonstrates all requirements are met.

2.

Shade structures, including arbors and gazebos.

3.

Detached enclosed storage.

4.

Detached unenclosed storage buildings and pole buildings associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a canopy.

5.

Fences and walls, except that no fence or wall in excess of thirty-six inches in height may be located within a commercial clear vision triangle (see definition).

6.

Flag poles. The pole may be maximum of thirty feet in height and shall maintain a minimum of ten-foot setback from any property line and city building inspector review. Flagpoles shall be subject to review of the city building inspector who may require the flagpole to be engineered.

7.

Security facilities. Including security gates and gate houses at a project entrance.

Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.52.

9.

Recreation facilities. Including recreation activity courts and facilities for use by employees.

10.

Satellite dishes. Satellite dishes as allowed in Chapter 17.52.

Signs, as permitted by Chapter 17.76 of this code.

Transit facilities.

Trash enclosures and recycling facilities.

F.

Prohibited Accessory Structures Within All Use Types.

1.

Fences. The use of security attachments that may cause bodily harm, including but not limited to, barbed wire, razor wire, electrified fencing, or similar attachments in conjunction with any fence, wall, or hedge, or by itself is prohibited, except in the following circumstances:

a.

In a commercial or industrial district, for security purposes, where the security attachments (barbed wire, razor wire, electrified fencing, or similar attachments) are located a minimum of six feet above the ground;

b.

Where required by any permit condition, law or regulation of the city or state.

(Ord. No. 352, § 1, 11-28-2018; Ord. 304 §§ 3, 4, 6, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.37 - NONCONFORMING USES, STRUCTURES AND PARCELS

Sections:

The purpose of these provisions of this chapter is to regulate nonconforming uses, structures and parcels, and to establish conditions under which nonconforming uses, structures and parcels, may be expanded, structurally altered or developed.

(Ord. 289 § 2 (Exh. A (part)), 2002)

17.37.020 - Nonconforming uses, structures and parcels.

A.

Applicability. These regulations shall apply to all nonconforming uses, structures and parcels lawfully constructed or created in compliance with this code and state law.

B.

Nonconforming Use. A nonconforming use may be continued, provided that no such use shall be enlarged or increased, nor extended to occupy a greater area than that which it lawfully occupied before becoming a nonconforming use except as otherwise allowed in this chapter or as follows:

1.

Residential use in a commercial or industrial zone. The nonconforming use of a residential building in a nonresidential district may continue to be used as a residence subject to the residential zone development standards requirements of Section 17.16.030.A (R1 district), until such time as the building is condemned, removed, or converted.

2.

Nonresidential use in a residential zone. No expansion or modification of a nonresidential use in a residential zone shall be permitted.

3.

Expansion of a nonconforming use in a commercial or industrial zone. A nonconforming use, except for a residential use, in a commercial or industrial zone may be expanded or modified provided that a conditional use permit is first secured.

4.

Substitution of nonconforming use. Except as otherwise prohibited in Section 17.37.020.C.2, a nonconforming use may be substituted with a different nonconforming use provided it has the same, or a less intensive, use classification, only upon approval of a conditional use permit. Such a new

nonconforming use shall occupy the same area that is occupied by the existing nonconforming use.

C.

Nonconforming Structure. A nonconforming structure may be used and maintained except as otherwise specified in this chapter or as follows:

Residential buildings.

a.

Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling, that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title, and the new construction does not expand the nonconformity.

b.

Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling in a nonresidential district is permitted if such additions or improvements conform to all provisions of the district and the new construction does not expand the nonconformity.

2.

Nonresidential buildings.

a.

Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title and the new construction does not expand the nonconformity.

b.

Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes in a residential zone is not permitted.

D.

Nonconforming Off-Street Parking. Reconstruction or structural alteration of a building with nonconforming parking or loading facilities, is permitted provided there is no expansion of use requiring additional parking as required by Section 17.40.030. The existing nonconforming parking and loading for the building may remain unchanged.

E.

Damaged and Destroyed Nonconforming Buildings.

1.

Damaged building. A nonconforming building which is damaged by fire or calamity destroying fifty percent or less of its value, as determined by the building inspector, may be reconstructed, provided the structure shall not increase the degree of nonconformity.

Destroyed building.

a.

Building with a nonconforming use. The reconstruction of a building that is damaged by fire or calamity in excess of fifty percent of its value, as determined by the building inspector, which at the time was devoted to a nonconforming use, may obtain a building permit and begin reconstruction within three hundred sixtyfive days of the event without the approval of a conditional use permit. If reconstruction has not begun within three hundred sixty-five days of the event, then the nonconforming use may be reconstructed only upon the approval of a conditional use permit. The nonconforming use shall not occupy a larger area of the reconstructed building than was occupied prior to its destruction. No portion of the building, as reconstructed, shall be located within the floodplain overlay zone.

b.

Nonconforming building. The reconstruction of a building that is damaged by fire or calamity in excess of fifty percent of its value, as determined by the building inspector, which at the time was a nonconforming building, may be reconstructed only upon approval of a variance. The nonconforming building may be enlarged provided that any enlargement does not increase the nonconformity. The reconstruction of the

building shall occur within twelve months after the date of damage. No portion of the building as reconstructed, shall be located within the floodplain overlay zone.

F.

Loss of Nonconforming Status. Except as provided in Section 17.37.020(B)(1) of this chapter or where a shorter time period is specified by this title, a nonconforming use of a parcel or a nonconforming use of a conforming building which is discontinued for a period of six months shall be deemed abandoned. Without further action by the city, further use of the parcel or structure shall comply with all the regulations of the zone district in which the parcel or structure is located, and all other applicable provisions of this title.

(Ord. 310 § 1, 2005; Ord. 289 § 2 (Exh. A (part)), 2002)

A parcel that does not comply with the minimum requirement of this title for the zone district in which it is located, may be used as a building site if it complies with the criteria specified below. It shall be the responsibility of the applicant to produce sufficient evidence to establish the following:

A.

Approved Subdivision. The parcel was created as part of a subdivision approved by the planning commission or city council pursuant to a duly adopted ordinance of the City of Portola and in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).

(Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.40 - OFF-STREET PARKING AND LOADING

Sections:

The requirements for off-street parking established by this chapter are intended (1) to minimize traffic congestion and hazards to motorists and pedestrians, (2) to provide safe, attractive, and convenient offstreet parking facilities with vehicular access to all land uses, (3) to provide off-street parking in proportion to the needs generated by varying land uses, (4) to ensure access to projects by emergency response vehicles, and (5) to ensure that parking areas are compatible with the surrounding land uses.

(Ord. 289 § 2 (Exh. A (part)), 2002)

All approved land uses shall be designed and developed to provide the number of off-street parking spaces required by Section 17.40.030 (Parking Space Requirements by Use Type), and designed as required by Section 17.40.040 (Design and Improvement of Parking).

A.

Handicapped Accessible Parking. Parking lots shall include the number of handicapped accessible parking spaces as required by Title 24 of the California Code of Regulations. Handicapped accessible spaces count toward the total number of parking spaces required by Section 17.40.030. Handicapped parking spaces shall be designed as provided in Section 17.40.040(A)(1)(a).

B.

Company Vehicles. In addition to the number of off-street parking spaces required by Section 17.40.030 (Parking Space Requirements by Use Type), non-residential uses shall provide one off-street parking space for each company vehicle that is parked on the site during normal business hours. These spaces may be located within a building.

C.

Bicycle Spaces. A minimum of one bicycle space shall be provided for each twenty required parking spaces up to one hundred spaces. For each additional one hundred required parking spaces or portion thereof, one bicycle space shall be provided or another minimum number of bicycle spaces as determined by the planning commission. Any bicycle space required as part of the transportation system management plan can be counted to fulfill the requirements of this section.

D.

Accessibility and Usability. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. The usability of required parking spaces shall be maintained as follows:

1.

Required off-street parking spaces shall not be used for any purpose that at any time would prevent vehicles from parking in required parking spaces, except as permitted by Chapter 17.73 (Temporary Uses).

2.

Driveways shall not be used for any purpose that would prevent vehicle access to parking spaces, or inhibit circulation or emergency service response.

3.

All required parking spaces must be available for use by tenants, customers and visitors to the site at all times. Parking spaces shall not be reserved for an individual tenant or customer, or be reserved for a limited period of time.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The number of off-street parking spaces required for the land uses identified by Article II (Zoning Districts and Permitted Uses) shall be as provided by this section, except where parking requirements are established by Article IV (Special Area and Specific Use Requirements) for a particular use.

A.

Number of spaces required. The number of off-street parking spaces required for new uses shall be based upon the use type, listed below, except as may be modified by subsections C or D of this section.

1.

Terms used in tables. The following terms are used throughout the tables and are defined below:

a.

"Square feet" means the total gross building/tenant space area;

b.

"Use area" means the total of gross building/tenant space area plus the gross area of any outdoor/storage/activity.

2.

Civic Use Types shall provide off-street parking spaces as follows:

3. Residential use types shall provide off-street parking spaces as follows:

4.

Commercial use types shall provide off-street parking spaces as follows, but no fewer than two spaces for each separate commercial use or tenant:

• For the purposes of off-street parking requirements, shopping centers include a minimum of four commercial establishments, designed or planned in a coordinated fashion, utilizing such elements as common access and parking.

5.

Industrial use types shall provide off-street parking spaces as follows, but no fewer than two spaces for each separate industrial use or tenant:

6.

Transportation and communication use types shall provide off-street parking spaces as follows:

B.

Special Parking Requirements. The number of parking spaces required for uses not specifically listed in subsection A shall be determined by the director based on common functional, product or compatibility characteristics and activities, as provided for in Section 17.13.050

1.

New buildings or development projects without known tenants. If the type of tenants that will occupy a nonresidential building are not known at the time of the development entitlement or building permit approval, the amount of parking to be provided shall be the minimum number of parking spaces required

by subsection A for any land use allowed on the site by the applicable zoning, provided that the director determines the proposed building as designed can reasonably accommodate such use.

2.

Mixed-use projects. Where a project contains more than one major use classification (such as a residential and a commercial use), the amount of parking to be provided shall be the total of that required for each use, except as otherwise provided by subsection C below.

3.

Tenant spaces with multiple functions. When a tenant has several functions, such as sales and office, the amount of parking to be provided for the tenant shall be calculated as specified by subsection A for the primary use, using the gross floor area of the tenant space.

4.

Changes in use. When an existing use is enlarged, increased or intensified, or a new use having greater parking requirements than the previous use is proposed, the required number of parking spaces for the new use or existing, enlarged, increased or intensified use shall be calculated as specified by subsection A.

5.

Rounding off. When the required number of parking spaces is other than a whole number, the total number of spaces shall be rounded up to the nearest whole number.

C.

Adjustment to Number of Required Parking Spaces. The number of parking spaces required by subsection A, above, may be modified as follows:

1.

Precise plan provisions. Provisions may be made in a precise plan to allow reductions in the number of required parking spaces based upon special provisions, such as providing golf cart or electric car parking where special provisions are made for golf carts or electric cars.

2.

Parking reductions for shared parking. If an applicant believes the number of parking spaces required for their building complex as specified in subsection A (which is the sum of all the users within the building complex) is not applicable because the hours of operation of different tenants/uses within the building complex will effectively allow for dual use of the parking spaces then the applicant may request an administrative permit. The approving authority shall be the director. If the director finds that the hours of operation of different tenants/uses within the building complex will in fact allow for dual use of the parking spaces, then the director shall issue an administrative permit. The applicant shall have the burden of proof for requesting a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating this request. Shared parking reductions shall only be approved by the approving authority if:

a.

A sufficient number of spaces are provided to meet the greatest parking demand of the participating uses;

b.

Satisfactory evidence is provided describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them;

c.

Overflow parking will not impact any adjacent use; and

d.

Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the project.

3.

Parking reductions for an individual use. If an applicant for a proposed use believes the number of parking spaces required for their use as specified in subsection A is not applicable because their use functions differently than the generic use type and associated parking standards established in this title, then the applicant may request an administrative permit. The approving authority shall be the director. If the director finds that the use functions differently than the generic use type and associated parking standards established in this title, due to the specific nature of the business in question, then the director shall issue an administrative permit. The applicant shall have the burden of proof for requesting a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating the request. Such documentation may include, but is not limited to: a parking study of another facility of the same use which is similar in size and operation, calculating the required parking spaces with field data of peak parking usage. Reduced parking shall only be approved by the approving authority if:

a.

Satisfactory evidence is provided describing the nature of the use, the operation and data from other facilities or similar facilities so as to demonstrate that the required parking standards are excessive and the proposed parking standards are appropriate; and

b.

Overflow parking will not impact any adjacent use.

D.

Downtown Core and Old Town Overlay Areas—Parking Requirements. All principally permitted uses in historic areas of the city (downtown core and old town overlay areas), with the exception of community

assembly, colleges and universities, and new uses requiring a discretionary permit, shall be permitted without the need to provide additional off-street parking.

Community assembly, college and university uses, and new uses which require a discretionary permit, shall comply with the parking standards specified in Section 17.40.030(A), or request approval of a parking reduction or variance from the parking standards from the planning commission.

Downtown core and old town overlay areas may be required to participate in any approved assessment district to alleviate parking constraints, unless adequate off-street parking is provided as required in this title.

(Ord. 289 § 2 (Exh. A (part)), 2002)

17.40.040 - Design and improvement of parking.

Parking spaces and areas shall be designed in accordance with this section.

A.

Parking Lot and Parking Space Design and Layout. Except where otherwise provided by Section 17.40.030(C) parking spaces shall be designed as follows:

1.

Parking space design. Except as provided below, all parking spaces shall be standard spaces, designed to accommodate full-size passenger vehicles.

a.

Parking space sizes. Standard spaces shall be a minimum of nine feet by eighteen feet; compact car spaces shall be a minimum of eight feet by sixteen feet; and parallel parking spaces shall be a minimum of ten feet wide by twenty-two feet long. Handicapped spaces shall be a minimum of nine feet by eighteen with a five foot loading area; a handicapped van space shall be a minimum of nine feet by eighteen feet with an eight foot loading area, or as otherwise required by state law.

b.

Compact car space substitution. Parking lots with a minimum of twenty parking spaces may substitute standard spaces with compact spaces for up to thirty percent of the total parking spaces required. Each compact space shall be labeled "COMPACT" or "C".

c.

Motorcycle space substitution. Parking lots with a minimum of forty parking spaces may substitute standard parking spaces with motorcycle spaces. One standard parking space may be replaced with a motorcycle space for each forty required standard parking spaces. Motorcycle spaces shall be a minimum size of three by six feet.

Parking lot design. The design and layout of parking lots shall conform to the following standards:

a.

Circulation aisle width with parking. The minimum width of a two-way drive aisle providing access to parking spaces shall be twenty-four feet. The minimum width of a one-way drive aisle providing access to parking spaces shall be as follows:

==> picture [216 x 134] intentionally omitted <==

==> picture [216 x 134] intentionally omitted <==

Other parking designs utilizing other parking angles may be permitted upon approval of the planning commission.

b.

Circulation aisle width without parking. The minimum width of a two-way drive aisle with no parking on either side of the drive aisle is twenty feet. The minimum width of a one-way drive aisle with no parking on either side of the drive aisle is twelve feet.

c.

Circulation aisle for emergency access. The minimum width of a drive aisle needed for an emergency response vehicle shall be twenty feet.

d.

Vehicular overhang: Vehicular overhang is permitted, provided no vehicle shall overhang into a sidewalk that would reduce the unencumbered width of a sidewalk to less than four feet. A vehicle is permitted to overhang into a landscaped area by two feet, provided that the required landscaped area is extended by two feet.

e.

Perimeter landscaping. Where a parking lot is adjacent to a public right-of-way, a landscape planter shall be established and continuously maintained between the public right-of-way and the parking lot. The director shall review and approve the landscape plan. In addition, all unused right-of-way between the public street and the parking lot shall be landscaped and maintained by the property owner.

f.

Bicycle racks. When bicycle spaces are provided, a bicycle rack shall be installed. The bicycle rack shall be designed to allow a bicycle to be secured to the rack. The location of the bicycle rack shall not encroach into the sidewalk that would reduce the unencumbered width of the sidewalk to less than four feet or prohibit the free movement of pedestrian traffic.

g.

Curb stops. A permanent curb, bumper, wheel stop or similar device at least six inches in height shall be installed adjacent to sidewalks, planters and other landscaping areas, parking lot fixtures and buildings and walls to protect these improvements from vehicular damage. The stopping edge of such protected devices shall be placed no closer than two feet from the above noted improvement.

h.

Parking space design. When possible, all parking spaces shall be delineated and separated by striping, as shown on the typical stall illustration below. The striping shall be maintained in a clear and visible manner.

==> picture [204 x 204] intentionally omitted <==

B.

Controlled Access Required. All parking spaces (including garage spaces) required for any land use other than a single-family or two-family dwelling shall be designed and located to provide for vehicle maneuvering on the site so that vehicles will enter any adjacent public right-of-way or private road in a forward direction.

C.

Location of Parking on a Single-Family Residential Lot. Parking spaces may be located as needed on a site, provided that no required parking space or aisle other than a driveway providing access to a street shall be located within a front or street side setback required by Article II except as provided in Section 17.70.040.G (Second Units), or other use types according to Section 17.40.030.

D.

Surfacing of Parking Areas. Required parking and circulation areas shall be surfaced with asphalt concrete or Portland cement concrete, or other approved all-weather, hard, non-eroding surface. It shall be the responsibility of the property owner to insure that the surface is maintained free from significant cracks or holes.

E.

Drive-Through Facilities. The following requirements apply to any use with drive-through facilities:

1.

Separation and Marking of Lanes. Drive-through aisles shall be a minimum of twelve feet wide and shall be separated from other circulation aisles necessary for ingress or egress, or aisles providing access to any parking space. Each such aisle shall be striped, marked, or otherwise distinctly delineated.

F.

Loading Requirements. Loading shall be provided as identified below:

1.

No maneuvering within public rights-of-way. All site designs shall be designed so as to prevent truck backup maneuvering within the public right-of-way.

2.

Design. The location, number, size and access of the loading area shall be determined pursuant to design review.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Chapter 17.43 - RESIDENTIAL DENSITY BONUSES[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 352, § 1, adopted Nov. 28, 2018, amended Ch. 17.43 in its entirety to read as herein set out. Former Ch. 17.43, §§ 17.43.010—17.43.040, pertained to similar subject matter, and derived from Ord. 289 § 2 (Exh. A (part)), 2002.

The regulations set forth in this chapter apply in Medium Density Residential (MDR), High Density Residential (HDR), and Commercial Mixed Use (CMU) zoning districts.

(Ord. No. 352, § 1, 11-28-2018)

In accordance with Cal. Gov't Code §§ 65915, 65915.5, 65915.7, and 65917, this chapter is intended to provide incentives for the production of housing for very low income, lower income, and senior households and for the production of housing for moderate income households residing in condominium and planned development projects. In enacting this chapter, it is also the intent of the City of Portola to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city's housing element.

(Ord. No. 352, § 1, 11-28-2018)

17.43.030 - Calculation of residential density bonus and number of incentives and concessions.

A.

Subject to the findings included in Section 17.43.110, the city shall grant a twenty percent density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following and any additional replacement housing units required by subsection D of this section:

1.

Ten percent of the total units of the housing development as target units affordable to lower income households; or

2.

Five percent of the total units of the housing development as target units affordable to very low income households; or

3.

A senior citizen housing development. The density bonus for a senior citizen housing development is limited to twenty percent of the number of senior housing units.

B.

Subject to the findings included in Section 17.43.110, the city shall grant a five percent density bonus to a developer of a housing development who seeks a density bonus and agrees to provide all of the following and any additional replacement housing units required by subsection D of this section:

1.

Ten percent of the total units in the housing development as target units for sale to moderate income households at an affordable sales price; and

2.

The housing development is a common interest development; and

3.

All of the dwelling units in the housing development are offered to the public for sale.

C.

Subject to the findings included in Section 17.43.110, the city shall grant a density bonus of 20 percent of the type of units listed in subsection C.1 of this section to a developer of a housing development who seeks a density bonus and agrees to provide all of the following and any additional replacement housing units required by subsection D of this section:

1.

Ten percent of the total units in the housing development for transitional foster youth, as defined in Cal. Educ. Code § 66025.9; disabled veterans, as defined in Cal. Gov't Code § 18541; or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and

2.

The units described in subsection C.1 of this section are subject to a recorded restriction requiring that the units remain affordable to very low income households for fifty-five years.

D.

Replacement housing shall be provided on a site which meets both of the following conditions:

1.

Rental housing is now located or was located on the site at any time in the five-year period preceding the date of submittal of the density bonus application; and

2.

The rental housing is or was, during that five-year period:

a.

Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households;

b.

Subject to any form of public rent or price control; or

c.

Occupied by very low or lower income households.

A housing development subject to this subsection D is not eligible for a density bonus, incentive, concession, waiver, or modified parking provided by this chapter unless the proposed housing development contains one of the following, whichever results in a greater number of affordable units:

i.

The percentage of target units specified in subsections A, B, or C of this section; or

ii.

The replacement affordable units specified in Cal. Gov't Code §§ 65915(c)(3)(B) and (C).

E.

The density bonus for which the housing development is eligible shall increase if the percentage of very low income, lower income, or moderate income target units is increased, as follows:

1.

For each one percent increase above ten percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirtyfive percent.

For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirtyfive percent.

3.

For each one percent increase above ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent.

When calculating the maximum residential density and the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

F.

The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer.

G.

The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to subsections A through D of this section. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than thirty-five percent.

H.

Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income target units, lower income target units, or moderate income target units, the project's status as a senior citizen housing development, or the project's provision of housing for transitional foster youth, disabled veterans, or homeless persons. Density bonuses from more than one category may not be combined.

I.

Subject to the findings included in Section 17.43.110, when a developer seeks a density bonus, the city shall grant incentives or concessions listed in Section 17.43.100 as follows:

1.

One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a common interest development.

2.

Two incentives or concessions for projects that include at least twenty percent of the total units for lower income households, at least ten percent for very low income households, or at least twenty percent for persons and families of moderate income in a common interest development.

3.

Three incentives or concessions for projects that include at least thirty percent of the total units for lower income households, at least fifteen percent for very low income households, or at least thirty percent for persons and families of moderate income in a common interest development.

J.

In accordance with state law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

K.

The following tables summarize this information:

Density Bonus Summary Table

Incentives/Concessions Summary Table

Notes:

1. Incentives may be selected from only one category (very low, low, or moderate).

2. No incentives are available for land donation or for a senior citizen housing development (if not affordable).

3. Condominium conversions and day care centers may have one incentive or a density bonus at the city's option, but not both.

4. No incentives or concessions may be granted unless replacement affordable units are provided as required in subsection D of this section.

(Ord. No. 352, § 1, 11-28-2018)

A.

When a developer of a housing development donates land to the city as provided in this section and meets the requirements of Section 17.43.030.D, the developer shall be entitled to a fifteen percent increase above the otherwise allowable maximum residential density for the housing development. For each one percent increase above the minimum ten percent land donation described in subsection B.2 of this section, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. This increase shall be in addition to any increase in density allowed by Section 17.43.030, up to a maximum combined density bonus of thirty-five percent if a developer seeks both the increase required pursuant to this section and Section 17.43.030. When calculating the allowable maximum residential density and the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

B.

A housing development shall be eligible for the density bonus described in this section if the city makes all of the following findings:

1.

The developer will donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, application for the housing development, or first building permit, if no map is required.

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount equal to at least ten percent of the number of residential units of the proposed development, or will permit construction of a greater percentage of units if proposed by the developer.

3.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is zoned with appropriate standards to allow development at a density of at least thirty units per acre, and is now or at the time of construction will be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, application for the housing development, or first building permit, if no map is

required, the transferred land will have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

4.

The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this chapter, which restriction will be recorded on the property at the time of transfer.

5.

The land will be transferred to the city, other public agency, or to a housing developer approved by the city. The city reserves the right to require the developer to identify a developer of the very low income units and to require that the land be transferred to that developer.

6.

The transferred land is within the boundary of the proposed housing development. The transferred land may be located within one-quarter mile of the boundary of the proposed housing development; provided, that the city additionally makes all of the findings included in Section 17.43.040.B.

7.

A proposed source of funding for the very low income units shall be identified no later than the date of approval of the final map, parcel map, application for the housing development, or first building permit, if no map is required.

(Ord. No. 352, § 1, 11-28-2018)

A.

When a developer proposes to construct a commercial development and has entered into a partnered housing agreement approved by the city, the city shall grant a commercial development bonus mutually agreed upon by the developer and the city. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.

B.

The partnered housing agreement shall include all of the following provisions:

1.

The housing development shall be located either on the site of the commercial development or on a site within the city that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.

At least thirty percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least fifteen percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low income households.

3.

The commercial developer must agree either to directly build the target units; donate a site consistent with subsection B.1 of this section for the target units; or make a cash payment to the housing developer for the target units.

C.

Any approved partnered housing agreement shall be described in the city's housing element annual report as required by Cal. Gov't Code § 65915.7(k).

(Ord. No. 352, § 1, 11-28-2018)

17.43.060 - Child care facilities.

A.

When a developer proposes to construct a housing development that includes target units as specified in Sections 17.43.020.A through D and includes a child care facility that will be located on the premises of, as part of, or adjacent to the housing development, the city shall grant either of the following if requested by the developer:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

2.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B.

A housing development shall be eligible for the density bonus or concession described in this section if the city makes all of the following findings:

1.

The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to Section 17.43.080.

2.

Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low income households, lower income households, or moderate income households.

3.

Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

(Ord. No. 352, § 1, 11-28-2018)

A.

The city shall grant either a density bonus or other incentives of equivalent financial value if the applicant for a condominium conversion agrees to provide thirty-three percent of the total units of the proposed condominium project as target units affordable to lower or moderate income households, or to provide fifteen percent of the total units in the condominium conversion project as target units affordable to lower income households, and to provide any replacement affordable units required by Section 17.43.030.D. All such target units shall remain affordable for the period specified in Section 17.43.080.B.

B.

For purposes of this section, a "density bonus" means an increase in units of twenty-five percent over the number of apartments to be provided within the existing structure or structures proposed for conversion. "Other incentives of equivalent financial value" shall not be construed to require the city to provide a cash transfer payment or other monetary compensation of any type but may include, at the city's discretion, modification of requirements that the city might otherwise apply as conditions of approval.

C.

No condominium conversion shall be eligible for a density bonus if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided pursuant to this chapter or Cal. Gov't Code § 65915.

D.

Nothing in this section shall be construed to require the city to approve a condominium conversion.

(Ord. No. 352, § 1, 11-28-2018)

A.

Target units shall be constructed concurrently with market-rate units or pursuant to a schedule included in the density bonus housing agreement. No temporary or permanent certificate of occupancy for any new

market-rate unit in a housing development or for commercial space in a commercial development shall be issued until permanent certificates of occupancy have been issued for the required target units unless explicitly permitted by the density bonus housing agreement or partnered housing agreement.

B.

Target units offered for rent to lower income and very low income households shall be made available for rent at an affordable rent. Target units offered for sale to very low, lower, or moderate income households shall be sold at an affordable ownership cost. All target units offered for rent shall remain restricted and affordable to the designated income group for a minimum period of fifty-five years. All target units offered for sale shall remain restricted and affordable to the designated income group for a minimum period of thirty years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development.

C.

Provisions for the continued affordability of target units shall be consistent with those specified in Section 17.43.080.

D.

Target units shall be built on-site, unless off-site construction is approved pursuant to Section 17.43.040 or 17.43.050, and shall be dispersed within the housing development. The number of bedrooms of the target units shall be equivalent to the bedroom mix of the market-rate units in the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments and commercial developments shall comply with all applicable development standards, except those which may be modified as provided by this chapter.

(Ord. No. 352, § 1, 11-28-2018)

A.

If a housing development is eligible for a density bonus, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:

1.

Zero to one bedroom: one on-site parking space.

2.

Two to three bedrooms: two on-site parking spaces.

Four and more bedrooms: two and one-half parking spaces.

B.

For certain other housing developments that are eligible for a density bonus, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the ratios shown in the following table. However, if the city, at its cost, has conducted an areawide or city-wide parking study in the last seven years, then the city may find, based on substantial evidence, that a higher parking ratio is required than shown in the following table. In no event may the required parking be greater than the ratio provided in subsection A of this section. The parking study must conform to the requirements of Cal. Gov't Code § 65915(p)(7).

Maximum Number of Required Type of Development Off-Street Parking Spaces Rental or ownership housing development with: 1. At least 11 percent very low income or 20 percent lower income units; and 0.5 per bedroom 2. Within one-half mile of a major transit stop; and 3. Unobstructed access to the major transit stop. Rental housing development with: 1. All units affordable to lower income households except manager's unit(s); and 0.5 per unit 2. Within one-half mile of a major transit stop; and 3. Unobstructed access to the major transit stop. Senior citizen rental housing development with: 1. All units affordable to lower income households except manager's unit(s); and either 0.5 per unit 2. Has paratransit service; or 3. Is within one-half mile of fixed bus route service that operates eight times per day, with unobstructed access to that service. Special needs rental housing development with: 1. All units affordable to lower income households except manager's unit(s); and either 0.3 per unit 2. Has paratransit service; or 3. Is within one-half mile of fixed bus route service that operates eight times per day, with unobstructed access to that service.

C.

If the total number of parking spaces required for a development by this section is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a

development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

(Ord. No. 352, § 1, 11-28-2018)

17.43.100 - Development standards modified as incentive or concession for housing developments.

A.

Incentives or concessions that may be requested pursuant to Sections 17.43.030.I and 17.43.060.A, may include the following:

1.

A reduction of site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Cal. Health and Safety Code Division 13, Part 2.5 (commencing with § 18901) and which result in identifiable and actual cost reductions to provide for affordable ownership costs or affordable rents, including, but not limited to:

a.

Reduced minimum lot size and/or dimension.

b.

Reduced minimum lot setback.

c.

Reduced minimum outdoor and/or private outdoor living area.

d.

Increased maximum lot coverage.

e.

Increased maximum building height and/or stories.

f.

Reduced minimum building separation requirement.

g.

Reduced street standard, such as reduced minimum street width.

2.

Approval of mixed-use development in conjunction with the housing development if nonresidential land uses will reduce the cost of the housing development and if the city finds that the proposed nonresidential

uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.

3.

Incentives for affordable units listed in Section 17.43.040.A.

4.

Modifications of those development standards included in Section 17.43.080.D.

5.

Deferred development impact fees (e.g., capital facilities, park land in lieu, park facilities, fire, or traffic impact fees).

6.

Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable and actual cost reductions to provide for affordable ownership costs or affordable rents.

B.

Developers may seek a waiver or modification of any development standard that will physically preclude the construction of a housing development meeting the criteria of Sections 17.43.030.A through D at the

density or with the concessions or incentives permitted by this chapter. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the housing development with the density bonus and incentives.

C.

Nothing in this section requires the provision of direct financial incentives for the housing development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

(Ord. No. 352, § 1, 11-28-2018)

A.

An application for a density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus pursuant to this chapter shall be submitted with the first application for approval of a housing development or commercial development and processed concurrently with all other applications required for the housing development or commercial development. An applicant shall be informed whether the application is complete consistent with Cal. Gov't Code § 65943. The application shall be submitted on a form prescribed by the city and shall include at least the following information:

Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.

2.

Summary table showing the maximum number of units permitted by the zoning and general plan excluding any density bonus units, proposed target units by income level, proposed bonus percentage, number of bonus units proposed, and total number of dwelling units proposed on the site.

3.

Tenure (rental versus for-sale) of target units and proposals for ensuring affordability.

4.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units.

5.

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.

6.

Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards.

7.

For all incentives and concessions except mixed-use development, to establish eligibility for the requested incentives and concessions, the application shall include evidence that the requested incentives and concessions result in identifiable and actual cost reductions, including the actual cost reduction achieved through the incentive, and evidence that the cost reduction allows the applicant to provide affordable rents or affordable ownership costs.

8.

If a mixed-use building or project is proposed as an incentive, the applicant shall provide evidence that nonresidential land uses will reduce the cost of the residential project, and that the nonresidential land uses are compatible with the residential project and the existing or planned surrounding development.

9.

For waivers or modifications of development standards, the application shall provide evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the housing development with the density bonus and incentives requested.

10.

If a parking reduction is requested, a table showing parking required by the zoning ordinance and proposed parking. If a parking reduction provided by Section 17.43.090.B is requested, evidence that the project is eligible for the requested parking reduction.

11.

If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 17.43.040.B can be made.

12.

If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement, the proposed commercial development bonus, and evidence that each of the standards included in Section 17.43.050.B has been met.

13.

If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in Section 17.43.060.B can be made.

14.

If a density bonus or incentive is requested for a condominium conversion, the application shall provide evidence that all of the requirements found in Section 17.43.070 can be met.

B.

An application for a density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus for a housing development or a commercial development pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development or commercial development within the timelines prescribed by Cal. Gov't Code §§ 65950 et seq. Any decision regarding a density bonus, incentive, concession, waiver, modification, modified parking standard or commercial density bonus may be appealed to the planning commission and from the planning commission to the city council. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

C.

Before approving an application for a density bonus, incentive, concession, waiver, modification, or commercial development bonus, the approval body shall make the following findings, as applicable:

1.

A finding that the housing development is eligible for the density bonus and any incentives, modified parking, or waivers requested and includes any replacement affordable units required by Section 17.43.030.D.

2.

A finding that any requested incentive will result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs based upon the documentation provided by the applicant.

3.

If the density bonus is based all or in part on donation of land, the findings included in Section 17.43.040.B.

4.

If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in Section 17.43.060.B.

5.

If the incentive or concession includes mixed-use development, the findings included in Section 17.43.100.A.2.

6.

If a waiver or modification is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives permitted.

7.

If the density bonus, incentive, or concession is based all or in part on a condominium conversion, a finding that the project complies with the requirements of Section 17.43.070.

8.

If a commercial development bonus is requested, a finding that the project complies with the requirements of Section 17.43.050, that the city has approved the partnered housing agreement, and that the bonus has been mutually agreed upon by the city and the commercial developer.

D.

If a request for a concession or incentive is otherwise consistent with this chapter, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one of the following:

1.

The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs.

2.

The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households.

3.

The concession or incentive is contrary to state or federal law.

E.

If a request for a waiver or modification is otherwise consistent with this chapter, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of one of the following:

1.

The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households.

2.

The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

3.

The waiver or modification is contrary to state or federal law, which may include a finding that the development standards for which the waiver is requested would not have the effect of physically precluding the construction of the housing development with the density bonus and incentives permitted.

F.

If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the city already has adequate child care facilities.

(Ord. No. 352, § 1, 11-28-2018)

17.43.120 - Density bonus housing agreement.

A.

If any density bonus, incentive, concession, waiver, modified parking, or commercial development bonus is approved pursuant to this chapter for a housing development, a density bonus housing agreement shall be made a condition of the discretionary planning permits. The density bonus housing agreement shall be a legally binding agreement between the applicant and the city to ensure that the requirements of this chapter are satisfied and shall be binding on all future owners and successors in interest. The density bonus housing agreement may be combined with the affordable housing agreement and other documents required by Chapter 17.43. The executed density bonus housing agreement shall be approved by the city attorney and shall be recorded against the housing development or the commercial development, as applicable, prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of any building permit for the housing development or commercial development.

B.

The density bonus housing agreement for a housing development or commercial development shall include, but not be limited to the following:

1.

The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units.

2.

Standards for determining affordable rent or affordable ownership cost for the target units.

3.

The location, unit size in square feet, and number of bedrooms of target units.

4.

Provisions to ensure affordability in accordance with Sections 17.43.080.B and C.

5.

A schedule for completion and occupancy of target units in relation to construction of market-rate units or construction of the commercial development, as applicable.

6.

A description of any incentives, concessions, waivers, reductions, modified parking, or commercial development bonus being provided by the city.

7.

A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

8.

Procedures for qualifying tenants and prospective purchasers of target units.

9.

Financing of ongoing administrative and monitoring costs.

10.

Other provisions to ensure implementation and compliance with this chapter.

C.

In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:

1.

Target units shall be owner-occupied by eligible very low, lower, or moderate income households, or by qualified residents in the case of senior citizen housing developments.

2.

The purchaser of each target unit shall execute an instrument approved by the city and to be recorded against the parcel, including such provisions as the city may require to ensure continued compliance with this chapter.

D.

In the case of rental housing developments, the density bonus housing agreement shall provide for the following:

1.

Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants;

2.

Provisions requiring verification of household incomes;

3.

Provisions requiring maintenance of records to demonstrate compliance with this subsection; and

4.

The developer's agreement that the restrictions on rents are consistent with the Costa-Hawkins Act (Cal. Civ. Code §§ 1954.51 through 1954.535).

E.

Density bonus housing agreements for child care facilities and land dedication shall ensure continued compliance with all conditions included in Sections 17.43.060 and 17.43.040, respectively.

(Ord. No. 352, § 1, 11-28-2018)

ARTICLE IV. - Special Area and Specific Use Requirements Chapter 17.47 - FLOODPLAIN MANAGEMENT ORDINANCE

Sections:

17.47.010 - Statutory authorization, findings of fact, purpose and methods.

A.

Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of Portola does hereby adopt the following floodplain management regulations.

B.

Findings of Fact.

1.

The flood hazard areas of the City of Portola are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

C.

Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood related erosion areas. These regulations are designed to:

1.

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

D.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes regulations to:

1.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

Control filling, grading, dredging, and other development which may increase flood damage;

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and

6.

These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes.

(Ord. 317 (part), 2007)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"A Zone." See "Special flood hazard area."

"Accessory structure" means a structure that is:

1.

Solely for the parking of no more than two cars;

2.

A small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of Special Flood Hazard." See "Special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred-year flood"). Base flood is the term used throughout this chapter.

"Base flood elevation" (BFE) means the elevation shown on the flood insurance rate map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.

"Building." See "Structure."

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before May 1, 1995.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood, flooding," or "floodwater" means:

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

The condition resulting from flood-related erosion.

"Floodplain administrator" is the community official designated by title to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Section 17.47.060 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to Section 17.47.060 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The flood openings standard in Section 17.47.050.A.3.c;

b.

The anchoring standards in Section 17.47.050.A.1;

c.

The construction materials and methods standards in Section 17.47.050.A.2; and

d.

The standards for utilities in Section 17.47.050.B.

2.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market value" is defined in the City of Portola substantial damage/improvement procedures. See Section 17.47.040.B.2.a.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after May 1, 1995, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 1, 1995.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One Hundred-Year Flood" or "100-Year Flood." See "Base flood."

"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance" as related to Section 17.47.060 of this chapter, means that the granting of a

variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from

flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow area." See "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or, AH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the

installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 317 (part), 2007)

17.47.030 - General provisions.

A.

Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Portola.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the countywide "Flood Insurance Study (FIS) for Plumas County and Incorporated Areas" dated March 2, 2005, with accompanying flood insurance rate maps (FIRM's), dated March 2, 2005, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study and FIRM's are on file at City Hall, 35 Third Avenue, Portola, California.

C.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

D.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance,

easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

F.

Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within

such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

G.

Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 317 (part), 2007)

A.

Designation of the Floodplain Administrator. The city manager is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

B.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

Permit Review. Review all development permits to determine:

a.

Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

b.

All other required state and federal permits have been obtained;

c.

The site is reasonably safe from flooding;

d.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Portola; and

e.

All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

2.

Development of Substantial Improvement and Substantial Damage Procedures.

a.

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."

b.

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

3.

Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.47.030.B, the floodplain administrator shall obtain, review, and

reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 17.47.050.

Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (one hundred-year) Flood Elevations" dated July 1995.

4.

Notification of Other Agencies.

a.

Alteration or relocation of a watercourse:

i.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

ii.

Submit evidence of such notification to the Federal Emergency Management Agency; and

iii.

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

b.

Base flood elevation changes due to physical alterations:

i.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

ii.

All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

c.

Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

5.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

a.

Certification required by Sections 17.47.050.A.3.a and D (lowest floor elevations);

b.

Certification required by Section 17.47.050.A.3.b (elevation or floodproofing of nonresidential structures);

c.

Certification required by Section 17.47.050.A.3.c (wet floodproofing standard);

d.

Certification of elevation required by Section 17.47.050.C.1.c (subdivisions and other proposed development standards);

e.

Certification required by Section 17.47.050.F.2 (floodway encroachments); and

f.

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

6.

Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection D of this section.

7.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 17.47.030.C.

8.

Biennial Report. Complete and submit biennial report to FEMA.

Planning. Assure community's general plan is consistent with floodplain management objectives herein.

C.

Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 17.47.030.B. Application for a development permit shall be made on forms furnished by the City of Portola. The applicant shall provide the following minimum information:

1.

Plans in duplicate, drawn to scale, showing:

a.

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

b.

Proposed locations of water supply, sanitary sewer, and other utilities;

c.

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

d.

Location of the regulatory floodway when applicable;

e.

Base flood elevation information as specified in Section 17.47.030.B or subsection B.3;

f.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

g.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 17.47.050.A.3.b of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

2.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 17.47.050.A.3.b.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 17.47.050.A.3.c of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

5.

All appropriate certifications listed in subsection B.5 of this section.

D.

Appeals. The city council of the City of Portola shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 317 (part), 2007)

17.47.050 - Provisions for flood hazard reduction.

A.

Standards of Construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2.

Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

a.

With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

b.

Using methods and practices that minimize flood damage;

c.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

d.

Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

3.

Elevation and Floodproofing.

a.

Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

i.

In AE, AH, A1-30 zones, elevated to at least one foot above the base flood elevation.

ii.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM plus one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified.

iii.

In an A zone elevated to at least one foot, without BFE's specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section 17.47.040.B.3.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

b.

Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection A.3.a of this section or:

i.

Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection A.3.a of this section, so that the structure is watertight with walls substantially impermeable to the passage of water;

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii.

Be certified by a registered civil engineer or architect that the standards of subsections A.3.b.i and A.3.b.ii of this section are satisfied. Such certification shall be provided to the floodplain administrator.

c.

Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

i.

For non-engineered openings:

(A)

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(B)

The bottom of all openings shall be no higher than one foot above grade;

(C)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

(D)

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or

ii.

Be certified by a registered civil engineer or architect.

d.

Manufactured Homes.

i.

Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in subsection A.3 of this section.

ii.

Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in subsection D of this section. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and

TB 7-93.

e.

Garages and Low Cost Accessory Structures.

i.

Attached Garages.

(A)

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See subsection A.3.c of this section. Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection A.2 of this section.

(B)

A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

ii.

Detached Garages and Accessory Structures.

(A)

"Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 17.47.020, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

(1)

Use of the accessory structure must be limited to parking or limited storage;

(2)

The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

(3)

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(4)

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(5)

The accessory structure must comply with floodplain encroachment provisions in subsection F of this section; and

(6)

The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with subsection A.3.c of this section.

(B)

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in subsection A of this section.

B.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of floodwaters into the systems; and

b.

Discharge from the systems into flood waters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

C.

Standards for Subdivisions and Other Proposed Development.

1.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

a.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

b.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

c.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

i.

Lowest floor elevation;

ii.

Pad elevation;

iii.

Lowest adjacent grade.

2.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

3.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

4.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

D.

Standards for Manufactured Homes Within Manufactured Home Parks or Subdivisions. All manufactured homes in special flood hazard areas shall meet the anchoring standards in subsection A.1 of this section, construction materials and methods requirements in subsection A.2 of this section, flood openings requirements in subsection A.3.c of this section, and garages and low cost accessory structure standards in subsection A.3.e of this section.

Note: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in subsection A.3 of this section.

1.

All manufactured homes that are placed or substantially improved, on sites located: (1) in a new manufactured home park or subdivision; (2) in an expansion to an existing manufactured home park or

subdivision; (3) or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall:

a.

Within Zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection D.1 of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

a.

Lowest floor of the manufactured home is at or above the base flood elevation; or

b.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

E.

Standards for Recreational Vehicles.

1.

All recreational vehicles placed in Zones A1-30, AH, and AE will either:

a.

Be on the site for fewer than one hundred eighty consecutive days;

b.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or

c.

Meet the permit requirements of Section 17.47.040.C of this chapter and the elevation and anchoring requirements for manufactured homes in subsection D.1 of this section.

F.

Floodways. Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Portola.

2.

Within an adopted regulatory floodway, the City of Portola shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If subsections F.1 and F.2 of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

(Ord. 317 (part), 2007)

A.

Nature of Variances. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of

preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B.

Conditions for Variances.

1.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.47.040 and 17.47.050 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.47.020 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance.

5.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

b.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Plumas County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

C.

Appeal Board.

1.

In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

a.

Danger that materials may be swept onto other lands to the injury of others;

b.

Danger of life and property due to flooding or erosion damage;

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

d.

Importance of the services provided by the proposed facility to the community;

e.

Necessity to the facility of a waterfront location, where applicable;

f.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

Compatibility of the proposed use with existing and anticipated development;

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

j.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

k.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

2.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause;

b.

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

c.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

3.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections C.1 through C.4 of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

4.

Upon consideration of the factors of subsection B.1 of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 317 (part), 2007)