Chapter 17.52 — COMMERCIAL-LIGHT INDUSTRIAL (C-M) DISTRICT

The purpose of the commercial-light industrial (C-M) district is to provide for selected retail sales and services that are considered inappropriate in other commercial areas due to size or operating characteristics, such as wholesale sales, warehousing, distributing and storage activities and light manufacturing. This district is not intended to satisfy the need for routine or typical retail sales commonly found in local convenience centers or community commercial retail areas. This district is consistent with the commercial (C), industrial (I) and mixed use (MU) general plan designations.

(Ord. 97-99 § 1 (part))

The following uses are permitted in the C-M district if conducted within a building:

A.

Wholesale and retail sales and service uses, including:

1.

Building, electrical and plumbing materials, and furniture,

2.

Farm or ranch feed and related supplies sales,

3.

Janitorial or restaurant supplies,

4.

Nursery or garden supply,

5.

Auto or truck parts and supplies,

6.

Household appliance or furniture repair or service, including radio or television repair or furniture upholstery shops,

7.

Auction house,

8.

Building maintenance services, such as pest extermination, janitorial or grounds maintenance,

9.

Communication services, such as telegraph, telephone and radio telephone businesses, or radio or television stations,

10.

Printing, engraving, lithographing or publishing,

Equipment rental,

12.

Taxidermist,

13.

Veterinarian clinic, provided any kennels are located within a building,

Trade school,

Warehouse, ministorage or other storage buildings or wholesale distribution facilities, except those storing flammable or explosive material,

16.

Food storage lockers and ice-making facilities;

B.

Light manufacturing activities, including:

1.

Combining, assembly or packaging of products, including:

a.

Pharmaceuticals, drugs, toiletries or cosmetics,

b.

Small equipment, instruments or appliances, such as medical, dental or optical equipment; drafting instruments, watches, clocks, musical instruments, cameras, photographic equipment (except film); haircurling machines or electric razors,

c.

Electronic and light electrical equipment, including radios, televisions and computers,

d.

Food products, excluding those that may create obnoxious odors or smoke,

Light manufacturing activities, including manufacturing of ceramic products such as pottery, figurines, or small glazed tile, using only previously pulverized clay; hand tools, cutlery, and kitchen utensils, electronic and light electrical equipment, including radios, televisions and computers; jewelry manufacturing; manufacturing of neon signs;

C.

Uses accessory to the primary use and contained within the same building site, including offices, print shops, cafeteria, etc. This does not include businesses open to the public;

D.

Outdoor storage or sales in conjunction with a permitted use, provided:

1.

Storage is located on the rear portion of the lot,

2.

Storage is completely enclosed by a solid wall or fence (with necessary solid gates) not less than six feet in height, unless the storage area abuts an R district, in which case the screening shall meet the criteria established in subsection I of Section 17.52.050 of this chapter,

3.

No material shall be stored to a height greater than that of the wall or fence enclosing the storage area;

E.

Agricultural uses;

F.

Caretaker's or night watchman's quarters.

(Ord. 97-99 § 1 (part))

The following uses are permitted in the C-M district if a use permit is issued:

A.

Businesses that provide support services to the primary uses or that primarily serve employees of the primary uses, including blueprinting, photocopying, coffee shop or standard restaurant;

B.

Auto or truck service station or wash;

C.

Sales of autos, boats, trailers, mobile homes, agricultural equipment, trucks and construction equipment, and incidental repairs and services; truck terminal, truck yard;

D.

Tire recapping, retreading or rebuilding;

E.

Auto, boat, motorcycle or truck repair; auto body repair and painting;

F.

Wholesale meat cutting and packing, provided there shall be no slaughtering, fat rendering or smoke curing;

G.

Outdoor sales or outdoor storage areas in excess of the limits established in Section 17.52.020 of this chapter;

H.

Carpet or rug cleaning plants; commercial laundries, such as those which provide a linen supply service, but not including personal laundromats;

I.

Light metal fabrication, such as sheet metal and wrought iron fabrication; welding shops, machine shops, cabinet or furniture making;

J.

Contractor's yard, air conditioning supply and service yards, and flea markets;

K.

Outdoor advertising signs and structures other than those appurtenant to a permitted use. Such signs and structures shall be at least one thousand (1,000) feet apart when on the same side of a public road, and at least five hundred (500) feet apart when on the opposite side of a public road;

L.

Commercial and light industrial condominiums.

(Ord. 97-99 § 1 (part))

The following other uses are permitted in the C-M district:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 of this title;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.52.020 and 17.52.030 of this chapter, as determined in accordance with Section 17.94.030 of this title.

(Ord. 97-99 § 1 (part))

The development standards for building site areas and yards established by this section apply to all development in the C-M district. However, alternate standards may be approved for a condominium project, as part of the use permit process, if the approving body finds that the proposed development will be of equal or greater excellence in arrangement, design, attractiveness, and compatibility with its surroundings that would result if the routine development standards of this section were applied.

A.

Minimum Building Site. The minimum building site requirement is ten thousand (10,000) square feet, except as otherwise provided in Section 17.84.010 of this chapter.

B.

Minimum Lot Width. The minimum lot width requirements are as follows:

1.

Interior lot, sixty-five (65) feet;

2.

Corner lot, seventy-five (75) feet.

C.

Yards. The following yard requirements apply, except as otherwise provided by Section 17.84.020 of this title:

1.

Front, ten feet; except where the district abuts a residential district the front yard shall be the same as required by the residential district within twenty-five (25) feet of the residential district;

2.

Interior side yard, none; except where the district abuts a residential district the minimum shall be fifteen (15) feet, or if it abuts a freeway right-of-way the yard shall be ten feet;

3.

Street side, ten feet;

4.

Rear yard, none; except where the district abuts a residential district the minimum shall be fifteen (15) feet, or if it abuts a freeway right-of-way the yard shall be ten feet;

5.

Exceptions. If a use permit is issued, front yard exceptions may be permitted in established commercial areas in which the majority of the buildings existed before the adoption of the ordinance codified in this chapter and they do not meet the yard requirement. When this exception is made, the front yard shall be a distance equal to the average front yard of fifty (50) percent of the buildings furthest from the street.

D.

Maximum Structural Height. The maximum structural height is forty (40) feet; except within forty (40) feet of any residential district the maximum building height shall be one story not to exceed twenty (20) feet, except as otherwise provided in Section 17.84.030 of this title.

E.

Landscaping. Landscaping requirements are as specified in Section 17.84.040 of this title.

F.

Outdoor Lighting. Outdoor lighting requirements are as specified in Section 17.84.050 of this title.

G.

Parking. Parking requirements are as specified in Chapter 17.86 of this title.

H.

Signs (Appurtenant). Appurtenant sign restrictions are as follows:

1.

Building signs shall not exceed a combined size of one square foot in area for each lineal foot of building frontage.

2.

If there is one hundred (100) lineal feet or more of street frontage, one freestanding sign per building site, not to exceed two hundred (200) square feet in size and thirty (30) feet in height, shall be permitted. For a double-faced sign, each face shall not exceed one hundred (100) square feet. The sign shall be set back a

minimum of twelve (12) feet from the front or street-side property line and shall be located within a landscaped island equal to a minimum of one-half the total sign area of the freestanding sign. A portion of the allowable sign area may be allocated to combined offsite signs identifying two or more establishments when all are located within this district and they share adjoining lots for parking and access.

3.

If there is less than one hundred (100) lineal feet of street frontage, one ground sign not to exceed fifty (50) square feet in size (twenty-five (25) square feet per face if double faced) and forty-two (42) inches in height shall be permitted, except the sign height may be six feet if located thirty-five (35) feet or more from the center of a driveway or a curb return at a street intersection.

4.

The general appurtenant sign standards shall apply, as specified in Section 17.84.060 of this title.

I.

Zone Walls. Zone wall requirements are as specified in Section 17.84.070 of this title.

J.

Outdoor Trash Storage. All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one foot higher that the trash container.

K.

On-site Performance Standards. On-site performance standards are as follows:

1.

Odors. No use shall create objectionable odors readily detectable beyond the property line.

2.

Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).

3.

Vibration. No use shall create vibration detectable without instruments at the property line.

4.

Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.

5.

Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.

6.

Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable county, state, federal or local standards.

L.

Development Plan. An applicant for either building permit or use permit shall submit a site plan which indicates how the standard listed in this section will be met. This submittal shall be made on a form prescribed by the development services director or his or her designee. If only a building permit is required for the use, then the director's approval shall be obtained prior to issuance of the permit. If a use permit is required, then the director's approval shall occur as set forth by the terms and conditions of the use permit.

(Ord. 97-99 § 1 (part))

Chapter 17.54 - MIXED USE (MU) DISTRICT

The purpose of the mixed use (MU) district is to provide for a variety of residential, commercial and light industrial uses that will not cause odors, noise, visual or other adverse impacts. Conflicts that may result from the intermixing of land uses should be addressed by site-specific performance standards. This district is consistent with the mixed use (MU) general plan designation.

(Ord. 97-99 § 1 (part))

The following uses are permitted outright in the MU district:

A.

Agricultural uses; provided:

1.

Animal husbandry does not exceed the following number of animals per one-half acre:

a.

One horse, mule, steer or similar sized animal;

b.

Three goats, sheep, hogs or similar sized animals; or

c.

Twenty-five (25) turkeys, chickens, ducks, geese, rabbits or similar sized animals;

2.

Animals shall be kept in a clean and sanitary condition and in a manner that does not become a nuisance;

B.

Sale of products grown on the premises.

(Ord. 97-99 § 1 (part))

17.54.030 - Uses requiring administrative permit.

The following uses, if accessory to a residence, are permitted in the MU district if an administrative permit is issued, subject to the provisions of Sections 17.88.220 and 17.88.230 of this title:

A.

Home occupation;

B.

Large day care home.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

17.54.040 - Uses requiring use permit.

The following uses are permitted in the M-U district if a use permit is issued:

A.

One-family residence, or a mobilehome in lieu of a one-family residence, provided that for parcels created after January 10, 1984, the lot size must meet the building site requirement established in Section 17.54.060A of this chapter;

B.

Second residence;

C.

Bed and breakfast guest facility subject to the provisions of Section 17.88.270 of this title;

D.

Day care center;

E.

Retail sales conducted within a new or enlarged commercial building or a converted residence, such as a food, variety or drug store, convenience market, apparel store and gift or novelty stores;

F.

Personal services conducted within a new or enlarged commercial building or a converted residence, such as a bank, insurance or real estate sales, laundromat or laundry business, barber or beauty shop, standard or fast food restaurant, repair shop for shoes, radios, television and other appliances;

G.

Professional, business, administrative and medical offices;

H.

Hotel, motel, recreational vehicle park, campground;

I.

Auto or truck service station, auto or boat repair service, self-serve and non-self-serve auto wash; auto or truck parts or supplies;

J.

Wholesale and retail sales of building, electrical or plumbing materials; furniture sales; farm or ranch supplies;

K.

Sales of autos, boats, motorcycles, mobile homes, agricultural equipment; nursery or garden supplies and other outdoor sales and storage uses;

L.

Bowling alley, theater, video game center, billiard parlor, fraternal organization;

M.

Veterinarian, provided kennels are located within a building;

N.

Contractor's yard, truck terminal, truck yard, truck repair and wash;

O.

Warehouse and mini-storage;

P.

Church;

Q.

Light manufacturing activities that are at a scale commensurate with the size of the community, and do not cause odors, noise, visual or other adverse impacts;

R.

Outdoor advertising signs and advertising structures other than those appurtenant to a permitted use, provided no use permit shall authorize the signs of a permittee to be less than one thousand (1,000) feet apart when erected on the same side of a public road or less than five hundred (500) feet apart when erected on the opposite side of a public road;

S.

Commercial and light industrial condominiums.

(Ord. 97-99 § 1 (part))

17.54.050 - Other permitted uses.

Other uses permitted in the MU district are as follows:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 and, if accessory to a residence, Sections 17.88.130 through 17.88.150 of this title;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.54.020 and 17.54.040 of this chapter, as determined in accordance with Section 17.94.030 of this title.

(Ord. 97-99 § 1 (part))

17.54.060 - Site development standards.

The development standards established by this section apply to all development in the MU district. However, due to the diversity of areas within which the mixed use district may be applied, exceptions to these standards may be allowed for nonresidential uses with an approved use permit.

Additionally, alternate standards may be approved for a condominium project, as part of the use permit process, if the approving body finds that the proposed development will be of equal or greater excellence in arrangement, design, attractiveness and compatibility with its surroundings than would result if the routine development standards of this section were applied.

A.

Minimum Building Site. The following minimum building site requirements apply, except as otherwise provided in Section 17.84.010 of this title:

If within an area designated in the general plan as a rural community center or town center, one acre;

2.

If outside an area designated in the general plan as a rural community center or town center, two acres.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020 of this title:

1.

Front, twenty (20) feet;

2.

Side, fifteen (15) feet;

3.

Rear, twenty (20) feet.

C.

Maximum Structural Height. Maximum permitted structural height is thirty-five (35) feet, except within forty (40) feet of a residential district, it shall be one story not to exceed twenty (20) feet, and except as otherwise provided in Section 17.84.030 of this title.

D.

Landscaping. Landscaping requirements are as specified in Section 17.84.040 of this title.

E.

Outdoor Lighting. Outdoor lighting requirements are as specified in Section 17.84.050 of this title.

F.

Parking. Parking requirements are as specified in Chapter 17.86 of this title.

G.

Signs (Appurtenant, Nonresidential). Requirements for appurtenant, nonresidential signs are as follows:

1.

Building signs shall not exceed a combined total size of one square foot in area for each lineal foot of building frontage.

If there is one hundred (100) lineal feet or more of street frontage, one freestanding sign per lot, not to exceed one hundred (100) square feet in size and twenty-five (25) feet in height shall be permitted. For a double-faced sign, each face shall not exceed fifty (50) square feet. The sign shall be set back a minimum of twelve (12) feet from the front or street-side property line or road right-of-way, and shall be located in a landscaped island equal to a minimum of one-half the total sign area of the freestanding sign. A portion of the allowable sign area may be allocated to combined offsite signs identifying two or more establishments when all are located within this district and share adjoining lots for parking and access.

3.

If there is less than one hundred (100) lineal feet of street frontage, one ground sign not to exceed fifty (50) square feet in size (twenty-five (25) square feet per face if double-faced) and forty-two (42) inches in height shall be permitted, except the sign height may be six feet if located thirty-five (35) feet or more from the center of a driveway or a curb return at a street intersection.

4.

The general appurtenant sign standards shall apply, as specified in Section 17.84.060 of this title.

H.

Screened Fencing. The requirement for screened fencing is as specified in Section 17.84.070 of this title.

I.

Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one foot higher than the trash container.

J.

On-Site Performance Standards. On-site performance standards are as follows:

1.

Odors. No use shall create objectionable odors readily detectable beyond the property line.

2.

Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).

3.

Vibration. No use shall create vibration detectable without instruments at the property line.

4.

Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.

Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.

6.

Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable county, state, federal or local standards.

K.

Development Plan. For nonresidential uses, an applicant for either a building permit or use permit shall submit a plan which indicates how the standards listed in this section will be met. This submittal shall be made on a form prescribed by the development services director or his or her designee. If only a building permit is required for the use, then the director's approval shall be obtained prior to issuance of the permit. If a use permit is required, then the director's approval shall occur as set forth by the terms and conditions of the use permit.

(Ord. 97-99 § 1 (part))

Chapter 17.56 - LIGHT INDUSTRIAL (M-L) DISTRICT

The purpose of the light industrial (M-L) district is to provide suitable areas for a variety of low-intensity manufacturing, processing, assembly and distribution uses which utilize materials that generally are already in a processed form and which do not emit unacceptable or harmful levels of noise, dust, odors, smoke, bright light, vibration or involve dangerous or explosive materials. This district also provides for a limited range of professional, business and administrative offices, commercial uses and other activities which are accessory to permitted industrial uses. This district is consistent with the industrial (I) general plan designation.

(Ord. 97-99 § 1 (part))

The following uses are permitted outright in the M-L district:

A.

If conducted within a building:

1.

Combining, assembly or packaging of the following:

a.

Pharmaceuticals, drugs, toiletries and cosmetics,

b.

Small equipment, instruments or appliances such as medical, dental and optical equipment; drafting instruments, watches, clocks, musical instruments, cameras, photographic equipment (except film); hair curling machines or electric razors,

c.

Electronic and light electrical equipment, including radios, televisions and computers,

d.

Food products, excluding those that may create obnoxious odors or smoke,

e.

Products from the following previously prepared materials: bristles, bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horns, leather (excluding any melting or odorous process), rubber, shells, textiles, tobacco, wood or yarn,

2.

Light manufacturing, including: manufacture of ceramic products, such as pottery, figurines, and small glazed tile, using only previously pulverized clay; hand tools, cutlery and kitchen utensils; electronic and light electrical equipment, including radios, televisions and computers,

3.

Professional, business, research or administrative offices, when part of a permitted industrial use,

4.

Trade school,

5.

Research and development laboratories,

6.

Printing, engraving, lithographing and publishing,

7.

Data processing or computer services, not including retail sales or repair of equipment,

8.

Wholesale businesses and sales, warehouses, mini and other storage buildings, and distribution facilities, except those storing or distributing flammable or explosive materials;

B.

Wholesale nursery;

C.

Agricultural uses;

D.

Uses accessory to the primary use and contained within the same plant site, such as a cafeteria, blueprinting or printing (this does not include uses open to the general public);

E.

Outdoor storage in conjunction with a permitted use, provided:

1.

Storage is located on the rear portion of the lot, and

2.

Storage is completely enclosed by a solid wall or fence (with necessary solid gates) not less than six feet in height, unless the storage area abuts a residential district, in which case the screening shall meet the criteria established in Section 17.56.050I of this chapter,

3.

No material shall be stored to a height greater than that of the wall or fence enclosing the storage area;

F.

Caretaker's or night watchman's quarters.

(Ord. 97-99 § 1 (part))

The following uses are permitted in the M-L district if a use permit is issued:

A.

Businesses that provide support services to light industrial uses or that will be primarily used by employees of the industrial uses, including blueprinting, photocopying, coffee shop or standard restaurant;

B.

Television or radio stations;

C.

Sales, rental and repair of truck tractors and trailers, or other heavy equipment;

D.

Machine shop, welding shop, plating business or cabinet and woodworking shops not included as part of the routine and customary operation of an approved industrial use;

E.

Contractor's yards; outdoor storage when accessory to a permitted use that does not meet the criteria established in Section 17.56.020E of this title;

F.

Commercial and industrial cleaning and dyeing plants, tire recapping;

G.

Truck yard, truck service station, truck terminals, including accessory maintenance or repair activities; truck or heavy equipment wash facilities;

H.

Collection and distribution functions for recycling businesses, excluding wrecking yards, metal salvage or storage yards and wet paper recycling activities;

I.

Outdoor advertising signs and structures other than those appurtenant to any permitted use. Such signs and structures shall be at least one thousand (1,000) feet apart when on the same side of a public road and at least five hundred (500) feet apart when on the opposite side of a public road;

J.

Light industrial condominiums.

(Ord. 97-99 § 1 (part))

17.56.040 - Other permitted uses.

The following other uses are permitted in the M-L district:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 of this title;

B.

Other uses determined to be similar in character and impact to those listed in Sections 17.56.020 and 17.56.030 of this chapter, as determined in accordance with Section 17.94.030 of this title.

(Ord. 97-99 § 1 (part))

The development standards for minimum building site area and yards established by this section apply to all development in the M-L district. However, alternate standards may be approved for a condominium project as part of the use permit process, if the approving body finds that the proposed development will be of equal or greater excellence in arrangement, design, attractiveness and compatibility with its surroundings than would result if the routine development standards of this section were applied.

A.

Minimum Building Site. The minimum building site requirement is twenty thousand (20,000) square feet, except as otherwise provided in Chapter 17.84 of this title.

B.

Minimum Average Lot Width. The minimum average lot width requirement is eighty (80) feet.

C.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020 of this title:

1.

Front, ten feet;

2.

Interior side, none; except where the district abuts a residential district it shall be twenty (20) feet, or if it abuts a freeway right-of-way it shall be ten feet;

3.

Street side, ten feet;

4.

Rear, none; except where the district abuts a residential district it shall be twenty (20) feet or if it abuts a freeway right-of-way it shall be ten feet.

D.

Maximum Structural Height. Maximum permitted structural height is forty-five (45) feet, except within forty (40) feet of a residential district it shall be one story not to exceed twenty (20) feet, except as otherwise provided in Section 17.84.030 of this title.

E.

Landscaping. Landscaping requirements are as specified in Section 17.84.040 of this title.

F.

Outdoor Lighting. Outdoor lighting requirements are as specified in Section 17.84.050 of this title.

G.

Parking. Parking requirements are as specified in Chapter 17.86 of this title.

H.

Signs. Requirements for signs are as follows:

1.

Building signs shall not exceed a combined total size of one square foot in area for each lineal foot of building frontage.

2.

If there is one hundred (100) lineal feet or more of street frontage, one freestanding sign per building site, not to exceed two hundred (200) square feet in size and thirty (30) feet in height shall be permitted. For a double-faced sign, each face shall not exceed one hundred (100) square feet. The sign shall be set back a minimum of twelve (12) feet from the front or street-side property line or road right-of-way, and shall be located in a landscaped island equal to a minimum of one-half the total sign area of the freestanding sign. A portion of the allowable sign area may be allocated to combined off-site signs identifying two or more establishments when all are located within this district and they share adjoining lots for parking and access. An additional sign with similar height and size restrictions is permitted if there is over three hundred (300) feet of building frontage.

3.

If there is less than one hundred (100) lineal feet of street frontage, one ground sign not to exceed fifty (50) square feet in size (twenty-five (25) square feet per face if double-faced) and forty-two (42) inches in height shall be permitted, except the sign height may be six feet if located thirty-five (35) feet or more from the center of a driveway or a curb return at a street intersection.

4.

The general appurtenant sign standards shall apply, as specified in Section 17.84.060 of this title.

I.

Zone Walls. The requirement for zone walls is as specified in Section 17.84.070 of this title.

J.

Outdoor Trash Storage. All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one foot higher than the trash container.

K.

On-Site Performance Standards. On-site performance standards are as follows:

Odors. No use shall create annoying odors readily detectable beyond the property line.

2.

Vibration. No use shall create vibration detectable without instruments at the property line.

3.

Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television reception in residential districts or with the function of electronic equipment beyond the property line.

4.

Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.

5.

Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable county, state, federal or local standards.

L.

Development Plan. An applicant for either a building permit or use permit shall submit a site plan which indicates how the standards listed in this section will be met. This submittal shall be made on a form prescribed by the development services director or his or her designee. If only a building permit is required for the use, then the director's approval shall be obtained prior to issuance of the permit. If a use permit is required, then the director's approval shall occur as set forth by the terms and conditions of the use permit.

(Ord. 97-99 § 1 (part))

Chapter 17.58 - GENERAL INDUSTRIAL (M) DISTRICT

The purpose of the general industrial (M) district is to provide areas for all types of industrial uses and uses that are accessory to industrial uses. This district is consistent with the industrial (I) general plan designation.

(Ord. 97-99 § 1 (part))

The following uses are permitted outright in the M district:

A.

If conducted within a building:

Combining, assembly, packaging or manufacturing of materials that are generally in a processed form which do not emit dust, odors, smoke or unacceptable levels of noise, including:

a.

Pharmaceuticals, drugs, toiletries or cosmetics,

b.

Small equipment, such as medical, dental or optical equipment, watches, clocks, photographic equipment or drafting equipment,

c.

Radios, televisions or computers,

d.

Food products, excluding those that may create obnoxious odors or smoke,

e.

Products from the following previously prepared materials: bristles, bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horns, leather (excluding any melting or odorous process), rubber, shells, textiles, tobacco, wood or yarn;

2.

Professional business, research or administrative offices when part of a permitted use;

3.

Trade school;

4.

Research and development laboratory;

5.

Printing, engraving, lithographing and publishing;

6.

Wholesale businesses and sales, warehouses, mini and other storage buildings and distribution facilities, except those storing or distributing flammable or explosive materials.

B.

Uses accessory to the primary use and contained within the same plant site, such as a cafeteria, blueprinting or printing. This does not include uses open to the general public;

C.

Outdoor storage in conjunction with a permitted use, provided:

1.

Storage is located on the rear portion of the lot, and

2.

Storage is completely enclosed by a solid wall or fence (with necessary solid gates) not less than six feet in height, unless the storage area abuts a residential district, in which case the screening shall be eight feet high,

3.

No material shall be stored to a height greater than that of the wall or fence enclosing the storage area;

D.

Agricultural uses.

(Ord. 97-99 § 1 (part))

The following uses are permitted in the M district if a use permit is issued:

A.

Businesses that provide support services to industrial uses or will be used primarily by employees of the industrial uses, including blueprinting, photocopying, coffee shop or restaurant;

B.

Repair of truck tractors and trailers and other heavy equipment;

C.

Machine shop, welding shop, plating business, cabinet shop, contractor's yard or outdoor storage that does not meet the criteria established in Section 17.58.020C of this title;

D.

Commercial or industrial cleaning and dyeing plant;

E.

Truck terminal, truck yard;

F.

Automobile wrecking yard;

G.

Caretaker's or night watchman's quarters;

H.

Manufacture or assembly of aircraft, automobiles, boilers, engines, motors and generators, mobile homes, railroad equipment, trucks, trailers, recreational vehicles or other products which require use of heavy machinery;

I.

Manufacture of acids, alcohol, ammonia, asphalt, cellulose, cement, dyes, fertilizer, film, fireworks, fuel briquettes, gelatin, glass, glue, tar, paint, plaster, plastics, rubber, soap, vinyl floor covering, hazardous chemical products, including acetylene, carbide, caustic soda, chlorine, cleaning and polishing preparations, creosote, exterminating agents, industrial gases or explosives;

J.

Processing plants, including breweries, distillers, wineries; food processing plants and canneries not permitted in the M-L district; painting, sandblasting, incinerators, textile bleaching or dyeing; wood processing, including sawmills, planing mills, or pulp mills; metal smelting, alloying, foundries, drop forges, rolling or other types of ore reduction; rubber processing, power generation plants, petroleum refining, concrete or asphalt batch plants;

K.

Storage of potentially objectionable materials, including explosives, fireworks, fuel, gas, manure, flammable liquids and gases, garbage, trash dumps and piles, junk or other salvage material, solid waste recycling and disposal facilities;

L.

Animal keeping or processing, including dog kennels, stock yards, feeding pens, animal slaughter facilities, dead animal reduction, tannery or curing of raw hides, or bone distillation;

M.

Race tracks for motorized and non-motorized vehicles, including bicycles, motorcycles, automobiles, or similar vehicles;

N.

All other industrial uses not previously listed;

O.

Outdoor advertising signs and structures other than those appurtenant to any permitted use. Such signs and structures shall be at least one thousand (1,000) feet apart when on the same side of a public road and at least five hundred (500) feet apart when on the opposite side of a public road;

P.

Industrial condominiums.

(Ord. 97-99 § 1 (part))

17.58.040 - Other permitted uses.

The following other uses are permitted in the M district:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 of this title;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.58.020 and 17.58.030 of this chapter, as determined in accordance with Section 17.94.030 of this title.

(Ord. 97-99 § 1 (part))

17.58.050 - Site development standards.

The development standards for minimum building sites and yards established by this section apply to all development in the M district. However, alternate standards may be approved for a condominium project as part of the use permit process if the approving body finds that the proposed development will be of equal or greater excellence in arrangement, design, attractiveness and compatibility with its surroundings than would result if the routine development standards of this section were applied.

A.

Minimum Building Site. The minimum building site requirement is twenty thousand (20,000) square feet, except as otherwise provided in Section 17.84.010 of this title.

B.

Minimum Average Lot Width. The minimum average lot width requirement is eight feet.

C.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020 of this title:

1.

Front, ten feet;

2.

Interior side, none; except where the district abuts a residential district it shall be twenty (20) feet, or if it abuts a freeway right-of-way it shall be ten feet;

3.

Street side, ten feet;

4.

Rear, none; except where the district abuts a residential district it shall be twenty (20) feet or if it abuts a freeway right-of-way it shall be ten feet.

D.

Maximum Structural Height. Maximum permitted structural height is forty-five (45) feet, except when within forty (40) feet of a residential district, it shall be one story not to exceed twenty (20) feet, except as otherwise provided in Section 17.84.030 of this title.

E.

Landscaping. Landscaping requirements are as specified in Section 17.84.040 of this title.

F.

Outdoor Lighting. Outdoor lighting requirements are as specified in Section 17.84.050 of this title.

G.

Parking. Parking requirements are as specified in Chapter 17.86 of this title.

H.

Signs. Requirements for signs are as follows:

1.

Building signs shall not exceed a combined total size of one square foot in area for each lineal foot of building frontage.

2.

If there is one hundred (100) lineal feet or more of street frontage, one freestanding sign per building site, not to exceed two hundred (200) square feet in size and thirty (30) feet in height shall be permitted. For double-faced signs, each face shall not exceed one hundred (100) square feet. The sign shall be set back a minimum of twelve (12) feet from the front or street-side property or road right-of-way line and shall be located in a landscaped island equal to a minimum of one-half the total sign area of the free-standing sign. A portion of the allowable sign area may be allocated to combined off-site signs identifying two or more establishments when all are located within this district and they share adjoining lots for parking and access.

m the front or street-side property or road right-of-way line and shall be located in a landscaped island equal to a minimum of one-half the total sign area of the free-standing sign. A portion of the allowable sign area may be allocated to combined off-site signs identifying two or more establishments when all are located within this district and they share adjoining lots for parking and access.

An additional sign with similar height and size restrictions is permitted if there is over three hundred (300) feet of building frontage.

3.

If there is less than one hundred (100) lineal feet of street frontage, one ground sign not to exceed fifty (50) square feet in size (twenty-five (25) square feet per face if double-faced) and forty-two (42) inches in height shall be permitted, except the sign height may be six feet if located thirty-five (35) feet or more from the center of a driveway or a curb return at a street intersection.

4.

The general appurtenant sign standards shall apply, as specified in Section 17.84.060 of this title.

I.

Zone Walls. The requirement for zone walls is as specified in Section 17.84.070 of this title.

J.

Outdoor Trash Storage. All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one foot higher than the trash container.

K.

Development Plan. An applicant for either a building permit or use permit shall submit a site plan which indicates how the standards listed in this section will be met. This submittal shall be made on a form prescribed by the development services director or his or her designee. If only a building permit is required for the use, then the director's approval shall be obtained prior to issuance of the permit. If a use permit is required, then the director's approval shall occur as set forth by the terms and conditions of the use permit.

(Ord. 97-99 § 1 (part))

Chapter 17.60 - PUBLIC FACILITIES (PF) DISTRICT

The public facilities (PF) district is intended to be applied to lands upon which public agencies operate public facilities. This district is consistent with all general plan land use designations.

(Ord. 97-99 § 1 (part))

The following uses are permitted outright in the PF district:

A.

Office;

B.

Park and recreation area;

C.

Public facilities not listed in Section 17.60.030 of this chapter that do not emit dust, odor, smoke, bright light, vibration or unacceptable levels of noise or which do not involve dangerous or hazardous materials;

D.

School or college.

(Ord. 97-99 § 1 (part))

The following uses are permitted in the PF district if operated as a public use and a use permit is issued:

A.

Solid waste disposal facility;

B.

Wastewater treatment facility;

C.

Correctional institution;

D.

Hospital, facilities for the care of mental patients;

E.

Human cemetery;

F.

Corporation yard;

G.

Fairground;

H.

Other public facilities that do not meet the criteria established in Section 17.60.020C of this chapter.

(Ord. 97-99 § 1 (part))

17.60.040 - Site development standards.

The following site development standards apply in the PF district:

A.

Minimum lot size, none.

B.

Yards. The yard requirements are as follows, except as otherwise provided in Section 17.84.020 of this title;

1.

Front, twenty (20) feet;

2.

Street side, ten feet;

3.

Interior side, none; except where the district abuts a residential district, it shall be ten feet;

4.

Rear, none; except where the district abuts a residential district, it shall be ten feet.

C.

Maximum structural height, thirty-five (35) feet, except as otherwise provided in Section 17.84.030 of this title.

(Ord. 97-99 § 1 (part))

Chapter 17.61 - SHASTA GATEWAY INDUSTRIAL PARK PLANNED DEVELOPMENT (SGIP-PD)

The regulations in this chapter shall apply exclusively to the property defined within this district, identified as Shasta Gateway Industrial Park (SGIP), as depicted on Exhibit A, attached hereto and incorporated by reference herein.

The SGIP planned development district shall be combined with the regulations of Title 17 of the city of Shasta Lake Municipal Code, the recorded Declaration of Protective Covenants, and adopted Architectural and Design Guidelines for Shasta Gateway Industrial Park.

(Ord. 07-188 § 2 (part))

17.61.020 - Purpose.

A.

The purpose of the SGIP planned development zone district is to:

1.

Promote and preserve the industrial park as a significant employment generator;

2.

Minimize potential land use conflicts by limiting non-industrial uses while providing for consideration of miscellaneous commercial and office uses, including restaurants and accessory retail activities;

3.

To implement the Shasta Gateway Industrial Park Architectural and Design Guidelines.

This district is consistent with the industrial (I) general plan designation.

(Ord. 07-188 § 2 (part))

17.61.030 - Permitted uses.

The following uses are permitted outright in the SGIP-PD district:

A.

If conducted within a building:

1.

Combining, assembly, packaging or manufacturing of materials and items that are generally in a processed form which do not emit dust, odors, smoke or unacceptable levels of noise, including:

a.

Pharmaceuticals, drugs, toiletries or cosmetics,

b.

Small equipment, such as medical, dental, or optical equipment, watches, clocks, photographic equipment, or drafting equipment,

c.

Radios, televisions or computers,

d.

Products from the following previously prepared materials: bristles, bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horns, leather (excluding any melting or odorous process), rubber, shells, textiles, tobacco, wood or yarn;

Research and development laboratory;

3.

Wholesale businesses and sales, warehouses and distribution facilities, except those storing or distributing flammable or explosive materials.

B.

Uses accessory to the primary use and contained within the same plant site, such as research or administrative offices, cafeteria, blueprinting or printing. This does not include uses open to the general public.

C.

Outdoor storage in conjunction with a permitted use, provided:

1.

Storage is located on the rear portion of the lot, and

2.

Storage is completely enclosed by a solid wall or fence (with necessary solid gates) not less than six feet in height, and

3.

No material shall be stored to a height greater than that of the wall or fence enclosing the storage area.

D.

Retail sales of marketing materials associated with the permitted use, including but not limited to tee shirts, hats, cups, pens, pencils, etc., when contained within the site of the permitted use and conducted as an accessory use only.

E.

Full-service retail sales or retail storefronts are not allowed within the SGIP-PD zone district.

(Ord. 07-188 § 2 (part))

The following uses are permitted in the SGIP-PD district if a use permit is issued:

A.

Trade school;

B.

Businesses that provide support services to industrial uses or will be used primarily by employees of the industrial uses, but would be open to the general public, including blueprinting, printing photocopying, or sit-down coffee shop or restaurant. Drive-through restaurants are not allowed;

C.

Machine shop, welding shop, plating business, cabinet shop;

D.

Attached caretaker's or night watchman's quarters, no larger than five hundred (500) square feet;

E.

Manufacture or assembly of aircraft, automobiles, mobile homes, houseboats, trucks, trailers, recreational vehicles, boilers, engines, motors and generators, or other products which require use of heavy machinery;

F.

When incidental to a permitted use, storage of chemicals (e.g., acids, alcohol, ammonia, asphalt, cellulose, cement, dyes, fertilizer, film, fuel briquettes, gelatin, glass, glue, tar, paint, plaster, plastics, rubber, soap, vinyl floor covering);

G.

Breweries, distillers, wineries including:

1.

The on-site sale and consumption of alcoholic beverages to the general public as permitted by the California Department of Alcoholic Beverage Control (with or without incidental preparation and service of food) when contained within the same site at which the beverages are manufactured,

2.

Retail sales of packaged alcoholic beverages manufactured at the facility;

H.

Food processing plants and canneries, excluding those that may create obnoxious odors or smoke;

I.

Stand-alone professional business or administrative offices;

J.

Commercial, office or industrial condominiums.

(Ord. 07-188 § 2 (part))

The following other uses are permitted in the SGIP-PD district:

A.

Other uses found to be similar in character and impact to those listed in Sections 17.61.030 and 17.61.040 of this chapter, as determined in accordance with Section 17.94.030 of this title.

(Ord. 07-188 § 2 (part))

17.61.060 - Site development standards.

A.

The development standards established pursuant to this section apply to all development in the SGIP-PD district.

Limitations on improvements are regulated pursuant to Chapter 17.84 of this title; the recorded Declaration of Protective Covenants for Shasta Gateway Industrial Park; and the most recently adopted Architectural and Design Guidelines for Shasta Gateway Industrial Park. These limitations are supplemental to controls established by building, fire or other jurisdictional codes and regulations, and the most restrictive limitations shall apply.

B.

Development Plan. An applicant for either a building permit or use permit shall submit a site development plan, which indicates how the site development standards will be met.

This submittal shall be made on a form prescribed by the development services director or his or her designee. Site development plans shall be approved by the SGIP architectural and development review committee and the development services director or his/her designee prior to issuance of any clearing, grading or building permit.

(Ord. 07-188 § 2 (part))

Chapter 17.62 - PLANNED DEVELOPMENT (PD) DISTRICT

The purpose of the planned development (PD) district is to provide for developments that, because of a mix of building types, land uses or residential lot sizes, do not fit within the parameter of standard zone districts. Planned developments are under unified control, comprehensively planned and can provide a mix of uses that could otherwise create land use conflicts. Planned developments often provide common areas and other amenities not normally found in standard types of development. This district is consistent with all general plan designations that provide for substantial residential, commercial or industrial development, provided the proposed uses are consistent with the general plan designation(s) within which the project is located.

(Ord. 97-99 § 1 (part))

Any use or combination of uses which are arranged and designed in such a manner as to result in a development which is internally compatible, compatible with surrounding uses and consistent with the general plan are permitted outright in the PD district. In cases involving areas designated by the general plan as suburban residential (SR), multiple-family residential uses may be permitted only as a part of a mix of housing types.

(Ord. 97-99 § 1 (part))

If a proposed residential project is located in an area designated by the general plan as urban residential (UR) or suburban residential (SR), and meets the planned development concept described in the general plan, including a mix of housing types, up to a twenty-five (25) percent residential density bonus over that permitted by the general plan designation(s) may be permitted.

(Ord. 97-99 § 1 (part))

Applications for a PD district shall contain a conceptual development plan for the project site showing the approximate locations of buildings, building elevations, roads, walkways, parking and landscaping, the proposed uses of the buildings and grounds, staging of the development and other information which the development services director or his or her designee may require to properly evaluate and process the application.

(Ord. 97-99 § 1 (part))

Prior to construction of site improvements and structures in a PD district, detailed plans shall be submitted to the development services director or his or her designee for checking and approval to ensure reasonably close conformity with the approved conceptual development plans and with the intent of this section. The decision of the development services director or his or her designee may be appealed to the planning commission, as specified in Section 17.94.060 of this title.

(Ord. 97-99 § 1 (part))

Modifications to approved plans and statements of detailed plans may be permitted in a PD district if a use permit is issued.

(Ord. 97-99 § 1 (part))

17.62.070 - Adopted planned developments.

•

Z 94-46—CPD Twin View.

•

Z 95-02—CPD Commercial Center.

•

Z 19-07—-Windsor Estates Phase 3 PD.

(Ord. No. 21-285, § 6(Exh. C), 1-19-2021)

Chapter 17.63 - MOUNTAIN GATE AT SHASTA PLANNED DEVELOPMENT

The purpose of this chapter is to guide and regulate the land use and development of the Mountain Gate at Shasta Area Plan (area plan).

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

The area plan has been designed to ensure the project will have positive benefits for the community. Objectives of the area plan are to:

A.

Provide a comprehensively planned project that is sensitive to environmental issues including wetlands, flood protection, the city's hillside grading concerns, and tree preservation.

B.

Protect the highest quality natural features and resources of the site.

C.

Conform to general plan policies that designate the project site for urban development through implementation of an area plan.

D.

Promote compact mixed-use development that strives to provide a balance of uses, diverse housing and transportation choices, and contributes to a jobs-to-housing balance within the region.

E.

Provide a balanced mix of land uses that will allow a self-sufficient community, thereby reducing demands on regional roadways and services.

F.

Provide for a full range of housing densities and product choices affordable to a broad spectrum of income levels.

G.

Provide a master-planned community on a suitable site of sufficient size in proximity to an existing freeway, with access from existing interchange facilities.

H.

Establish a circulation system that meets local and regional transportation needs and accommodates a variety of transportation modes, including off-street trail systems and on-street bicycle lanes.

I.

Establish a pedestrian-friendly community that provides a continuous system of trails to link neighborhoods together and provide safe routes to parks and community-serving areas.

J.

Provide required park facilities sized to meet the needs of residents in the area plan and located as neighborhood focal elements.

K.

Provide a comprehensively planned infrastructure system (e.g., water treatment and distribution systems, sewer treatment and collection systems, electrical distribution systems, fire suppression facilities, general government facilities) to serve the needs of future residents of the development area.

L.

Provide adequate infrastructure improvements without adversely affecting existing levels of service.

M.

Phase development and infrastructure to respond to market demand while requiring new development to provide the infrastructure and public facilities necessary to serve the developing area.

N.

Establish financial mechanisms to ensure that the full range of services needed to serve the Area Plan are funded by the community and not by existing city residents.

O.

Provide revenue for the maintenance of public open space areas and park facilities, infrastructure, and public services within the development area.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

The regulations of this chapter shall apply exclusively to the property defined within this planned development district known as the Mountain Gate at Shasta Area Plan. The planned development zone district shall be combined with the regulations of Title 17 (Zoning) of the City of Shasta Lake Municipal Code (SLMC).

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

17.63.040 - Allowable density and density transfer.

A.

Allowable Density. Table 2-1 of the area plan identifies proposed densities for each sub-area of the area plan. An estimated unit yield and probable maximum units for each area has been identified and is based on factors such as site location, topography, sensitive biological habitat, and anticipated market demand for a variety of housing products.

It is anticipated that some development may be clustered and designed to ensure density that might be reduced due to topography or to avoid sensitive biological habitat. As these areas develop, a more detailed assessment of the area plan may result in the need to adjust (reduce or increase) the site and building development standards and/or number of units assigned to a particular area within the area plan.

B.

Density Transfer. It is the intent of the area plan to permit flexibility in adjusting the number of residential units assigned to each sub-area. To further this intent, units assigned to specific land use classifications or parcels may be transferred within the area plan boundaries, provided that all the following criteria are met:

1.

The transferring and receiving parcels are within the area plan boundaries and the total maximum number of approved units is not increased (unless an increase is separately approved by the planning commission and city council).

2.

The cumulative increase or decrease in units resulting from the minor density adjustment does not change the number of pre-transfer units allocated to any one of the parcels receiving or transferring the units by more than twenty (20) percent, based on the density ranges shown in Table 2-1 of the area plan.

3.

The adjustments in density do not have a significant adverse effect on planned infrastructure, roadways, schools, other public facilities or sensitive biological habitat.

To request a minor density adjustment, the owners of both the transferring and receiving parcels shall submit to the development services director or his/her designee (director) an application on a form prescribed by the director and all information needed to determine compliance with the above unit-transfer

criteria. This submittal shall include information identifying the impacted parcels and designating the number of units being transferred, site plans and maps, and any other necessary documentation requested by the director.

Upon approval of any density transfer, the director shall prepare an updated area plan density table reflecting the adjusted unit counts and densities for all sub-areas of the area plan. The revised table will allow the director to track total residential units within the area plan.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

17.63.050 - Permitted and conditionally permitted uses.

A.

Table 17.63.050a identifies uses permitted outright; uses permitted pursuant to issuance of a use permit or administrative permit; and uses permitted after review and approval of a zoning/site development permit pursuant to Section 17.63.080 of this chapter. Land use areas identified in Table 17.63.050a are those referenced in Table 2-1 of the area plan.

B.

Housing types may vary in each of the residential sub-areas as project designs incorporate the project site topography and site amenities. Housing types for each of the sub-areas will be determined at the time of submittal of subsequent tentative subdivision maps.

C.

Several identified public uses (i.e., parks, fire station, electric substation) are likely to occur as indicated in Table 2-1 of the Area Plan; however, it is possible that public uses will be located in other development areas as reviewed and approved by the Development Services Director or his/her designee if found to be consistent with the intent of the area plan.

Table 17.63.050a

PERMITTED AND CONDITIONALLY PERMITTED USES

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

Table 17.63.050.a identifies representative land uses for each sub-area of the area plan. During implementation of the area plan, other land uses may be proposed that are not specifically listed, but are consistent with the intent of the area plan and this chapter.

The director may make a determination that a requested use is similar to those uses listed as permitted uses or uses subject to issuance of a use permit, administrative permit, or zoning/site development permit if the following findings are made:

The proposed unlisted use is similar in character and impact to a listed use; and

2.

The proposed use will be treated in the same manner as the listed use including determining where it is allowed, what permits are required, and what standards affect its establishment.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

A live-work unit means a structure or portion of a structure:

1.

That combines a commercial activity allowed in the zone with a residential living space for the owner of the business and that person's household, or the owner's employee; and

2.

Where the resident owner or employee of the business is responsible for the commercial activity performed; and

3.

Where the live-work unit complies with all applicable state and local building and fire-life safety codes.

B.

Allowable commercial uses in live-work units:

1.

Art and craft work such as ceramics, painting, photography, sculpture, and similar cottage industries;

2.

Office uses by architects, attorneys, consultants, writers, owners of e-commerce businesses;

3.

One-on-one services and lessons such as music, art, dance, tutoring, licensed counseling;

4.

Tailoring and sewing;

Limited, brief, pet care services such as grooming;

6.

Hair stylists;

7.

Catering preparation for off-site events;

8.

Cottage food businesses;

9.

Other occupations determined by the Director to be similar and compatible in nature to the uses listed above.

C.

Prohibited commercial uses in live-work units:

1.

Adult entertainment activities/businesses;

2.

The retail sale of food and/or beverages with customers arriving on-site;

3.

Entertainment, drinking, and public eating establishments;

4.

Animal hospitals and clinics;

5.

The boarding or breeding of animals;

6.

Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles;

7.

Commercial cabinet or furniture making;

Mobile food vendors;

9.

Uses which involve medical procedures;

10.

Uses that require explosives or highly combustible materials;

11.

Welding, machine shop operations, or metal fabricating (except for artisan metal sculpture); and

12.

Other uses that the director determines to be similar in character to those listed above.

D.

A valid city business license and zoning/site development permit for the commercial use shall be maintained at all times.

E.

Only one business per live-work unit is allowed.

F.

No more than two employees (excluding residents of the dwelling unit) may be employed, unless otherwise provided pursuant to issuance of a use permit by the planning commission.

G.

Residential areas are permitted above or below the commercial component, or in a portion of a single-story structure, provided there is internal access between the residential and commercial space.

H.

At least ten percent but no more than thirty-five (35) percent of the total floor area of the live-work unit shall be working space.

I.

The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage or any accessory structure.

J.

No portion of a Live-Work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

K.

Access to the commercial component shall be oriented to the street and shall have at least one access separate from the living space.

L.

Signage intended to promote on-site commercial uses shall be restricted to two 1½ square-foot signs permanently affixed to the door or wall of the business component.

M.

Customer vehicle trips and business-related deliveries shall be limited to 7:00 a.m. to 8:00 p.m., Monday through Sunday.

N.

Customer vehicle trips are limited to no more than eight per day, and no more than two customers shall be on-site at any given time. Business-related deliveries are limited to no more than one per day. The commercial use shall not generate vehicular traffic that will interfere with residential traffic circulation.

O.

The Live-Work unit shall be required to provide two-car covered parking in an attached or detached garage, plus two additional off-street parking spaces unless the property is part of a shared parking arrangement pursuant to Section 17.63.130.

P.

No outdoor storage of materials or equipment related to the business shall be permitted.

Q.

No outdoor activity related to the business shall be permitted.

R.

The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the dwelling unit or neighborhood and shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors;

S.

No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential uses shall be stored or used on the premises.

T.

After approval, a live-work unit shall not be converted to either entirely residential use or entirely business use unless authorized by the Director.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

Use Permits: The process for reviewing and approving use permits shall be the procedure outlined in SLMC Section 17.92.020.

B.

Administrative Permits: The process for reviewing and approving administrative permits shall be the process outlined in SLMC Section 17.92.050.

C.

Zoning/Site Development Permits: The process for reviewing and approving zoning/site development permits shall be as follows:

1.

An application for an zoning/site development permit shall be made in writing on a form prescribed by the director, and shall be accompanied by the following:

a.

A clear and concise description of the use and accompanying activities;

b.

Site plans, maps or other documents showing the details of the proposed use, building or facilities, including how the applicable design standards of this chapter will be satisfied; and

c.

Information demonstrating compliance with the criteria applicable to the proposed use.

2.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the director. Failure of any applicant to respond, within thirty (30) days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application may be deemed, at the discretion of the director, an abandonment of the zoning/site development permit application, in which case no further action shall be taken upon it.

3.

The director shall consider approval of the application after the application is deemed complete.

4.

If the director determines that the proposed use meets all criteria applicable to the proposed use, the director will approve or conditionally approve the proposal.

5.

If the director determines that the proposed use does not meet all criteria applicable to the proposed use, the director shall deny the application.

6.

The director may refer any zoning/site development permit proposal to the planning commission for a decision when it is determined that the nature of the project, or the existence of a policy question, requires such referral.

7.

The granting of any zoning/site development permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the zoning/site development permit is granted.

8.

Any zoning/site development permit granted under this section may be limited to a term set when the permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term established by the permit, if any. The term limit on the permit may be extended by the director upon written request by the applicant prior to expiration of the term based on conditions appropriate at the time of such time extension.

9.

Every zoning/site development permit issued under this section is revocable. Whenever the director determines that one or more grounds exist for revocation, the applicant shall be notified in writing by the director of the date of revocation as set forth in SLMC 17.92.040.

10.

Every zoning/site development permit expires and is automatically null and void without further action by the city if the activity or use for which the zoning/site development permit was granted has not been actively and substantially commenced within two years of the date of its approval.

11.

The director may extend the time for commencement of the use or activity during the two years following approval of the zoning/site development permit, if an application for an extension of time is made prior to expiration of the zoning/site development permit. An extension of time shall be approved if the applicant shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his/her control have prevented him/her from taking sufficient action.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

All applicants shall submit a conceptual development plan of the project showing the location of buildings, building elevations, streets, walkways, parking and landscaping, the proposed uses of the buildings and grounds, staging of the development and other information which the director may require in order for the city to properly evaluate the application.

B.

Prior to issuance of a building permit, detailed development plans, drawn to scale, shall be submitted to the director for plan check and approval to ensure conformity with the approved conceptual development plans and with the intent of the area plan.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

Site and building development standards are as shown in Table 17.63.100.a. Specific requirements shall be identified during preparation and review of conceptual development plans for each subsequent development project and may vary from the standards identified in Table 17.63.100a based on topography, surrounding uses, sensitive biological habitat, density transfers and other development constraints. Minor modifications may be approved by the director pursuant to Section 17.63.150 of this chapter.

1 Lots developed through clustering may be smaller in size than indicated in Table 17.63.100a, provided the smallest proposed lot is not less than ¾ of the minimum required lot size for the sub-area of the area plan. Building sites of less than two acres shall be determined by reference to net acreage as defined by SLMC Section 17.02.050.

2 - Lots over one acre require 30-foot setbacks unless waived by the Shasta Lake Fire Protection District.

• When a commercial use abuts a residential use, the front yard shall be the same as the residential within twenty-five (25) feet of the residential use.

• When a commercial use abuts a residential use, the side yard shall be fifteen (15) feet.

• 3 Side yard setbacks for attached residential uses are 0 and 0

• 4 When the commercial use abuts a residential sub-area, the rear yard shall be 15 feet. If it abuts a public street, the rear yard shall be ten feet.

5 When the commercial use abuts a residential sub-area, the height limit is 20 feet, single-story.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

Architectural and site design shall be governed by Area Plan Section 7.0 (Design Guidelines). These guidelines shall be considered during the design and review of all future development proposals, and are to be used in conjunction with other applicable zoning development standards, ordinances and/or special development requirements.

B.

The city's design criteria are not intended to be rigid or restrict creative solutions. For uses that require a use permit, the planning commission, at its discretion, shall have the authority to consider and accept alternative site and/or building designs that are determined to meet the general intent of the adopted design guidelines. For uses that require an administrative permit or zoning/site development permit, this authority shall extend to the director pursuant to the authority granted by this chapter.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

Off street parking shall be consistent with the provisions of SLMC Chapter 17.86.

B.

Development in mixed-use areas shall require review and approval of a master parking plan by the director prior to issuance of a building permit.

C.

Development proposed in mixed-use areas may include a shared parking arrangement as part of the master parking plan. The director may approve the request based on factors such as anticipated parking demands and the days and hours of operation for each use.

D.

Where a proposed use is not specifically listed in SLMC Chapter 17.86, the director has the authority to determine the required number of parking spaces based on similarity of the proposed use to other listed

uses.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

Except as modified by the city engineer as needed to ensure safe and efficient traffic (e.g., in the vicinity of fire hydrants, public utility facilities, public transit stops, school bus stops, etc.) the requirements for minimum right-of-way widths shall be as indicated in the area plan and on any subsequent tentative subdivision map or improvement plans.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

A.

The director may determine through the plan review and permitting process that a particular request for approval is in substantial conformity with the provisions and intent of the area plan. "Substantial conformity" may include requests for a fifteen (15) percent or less adjustment to quantifiable or measurable standards contained in the area plan or development standards and requests that are not readily quantifiable or measurable, which the director determines are minor in nature. All other requests for variations shall be submitted to the planning commission for review and consideration.

B.

Administrative modifications are appropriate for requests that conform to one or more of the following criteria or circumstances:

1.

The director determines that the proposed adjustments are off-set by the merits of the proposed design and do not significantly change the anticipated physical characteristics, goals, and intent of the area plan.

2.

Granting of the administrative modification will result in design improvements, where there are space or other restrictions on the site which preclude literal compliance with the development standards without hardship.

3.

Granting of the administrative modification, with any conditions imposed, will not be materially detrimental to the public welfare or injurious to the property or improvements.

4.

Proposed changes to land use diagram shapes or to the alignment of streets maintain the general land use pattern and/or provide an improved circulation system consistent with the intent and direction of the vision, goals, and policies of the area plan.

5.

The proposed change is not expected to significantly increase environmental impacts beyond the levels identified in the final EIR pursuant to Section 17.63.160 of this chapter.

6.

An administrative modification may be reviewed and acted upon by the director. In granting an administrative modification, the director may impose conditions to safeguard public health and safety, and to ensure that development so authorized is consistent with the objectives and intent of the area plan. No planning commission or city council review is required, unless the administrative modification is appealed pursuant to Section 17.63.170 of this chapter.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

All applications for a development entitlement shall be reviewed for conformity with the area plan and for compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. The certified environmental impact report (EIR) for the area plan shall serve as the base environmental document for subsequent entitlement approvals within the area plan. The director will determine the appropriate level of environmental review for subsequent projects.

The rules governing the extent of any future environmental review are set forth in Sections 15183 and 15183.5 of the State CEQA Guidelines. Under this section of the State CEQA Guidelines, projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

The director will consider environmental effects that were not analyzed as significant effects in the certified EIR for the project, or if there are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the project. In addition, the city will consider whether there are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

An applicant or any interested party who disagrees with the director's decision to issue, issue with conditions, or to deny a permit or time extension may appeal such decision to the Shasta Lake Planning Commission by submitting a written appeal within five calendar days of the decision pursuant to the

requirements of SLMC Section 17.92.050(G). A decision of the planning commission may be appealed to the city council if the appeal is submitted in writing to the city clerk within five calendar days following the planning commission's action. The fee for filing an appeal shall be the same as that required for appeals of actions related to a use permit.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

The provisions of SLMC Section 17.94.060 for administrative enforcement shall apply.

(Ord. No. 16-245, § 4(Exh. B), 1-5-2016)

Chapter 17.64 - UNCLASSIFIED (U) DISTRICT

The unclassified (U) district is intended to be applied as a holding district until a precise principal zone district has been adopted for the property. All new uses in this district shall be consistent with all applicable policies of the general plan.

(Ord. 97-99 § 1 (part))

17.64.020 - Permitted uses.

The following uses are permitted outright in the U district:

A.

One-family residence, except in areas designated by the general plan as commercial (C), industrial (I) or mineral resource (M);

B.

Notwithstanding the provisions of Chapter 17.90 of this title and Section 17.64.040 of this chapter, any mobile home lawfully installed without a foundation system prior to July 1, 1982, may be replaced within six months of its removal with another mobile home without a foundation system if all other requirements of law relating to the installation of mobile homes without a foundation system have been met;

C.

Agricultural uses, provided:

1.

Animal husbandry provided the minimum parcel size for livestock (farm animals) listed is one acre and the total number of animals shall not exceed the numbers listed per acre:

a.

One horse, pony, mule, burro, cow, llama, camel or similar sized animal per one-half acre;

b.

Three goats, sheep, or similar sized animal per one-half acre;

c.

Two swine per one acre;

d.

Two adult emus, rheas, ostriches or similar sized birds per one acre subject to a use permit, the total number of chicks permitted shall be determined by the use permit;

2.

No minimum parcel size is required for the following animals but the total number permitted shall not exceed the number listed per acre:

a.

Twenty-five (25) turkeys, chickens, ducks, geese, rabbits, or similar sized animals per one-half acre;

b.

Unlimited fish, frogs, worms, or similar sized animals.

D.

Accessory Dwelling Units which meet the requirements of Chapter 17.81.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

The following uses are permitted in the U district if an administrative permit is issued and subject to the provisions of Section 17.88.220 and 17.88.230 of this title;

A.

Mobile home, in lieu of a permitted one-family residence;

B.

The following uses, if they are accessory to a permitted one-family residence or mobile home, and the mobile home has an approved administrative permit, unless the mobile home was legally installed before an administrative permit was required:

1.

Home occupation;

Large day care home.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

The following uses are permitted in the U district if a use permit is issued:

A.

Outdoor advertising signs and structures other than those appurtenant to any permitted use. Such signs and structures shall be located in areas designated by the general plan as commercial (C) or industrial (I), shall be at least one thousand (1,000) feet apart when on the same side of a public road and at least five hundred (500) feet apart when on the opposite side of a public road;

B.

All other uses not otherwise prohibited by law and not inconsistent with any portion of the general plan.

(Ord. 97-99 § 1 (part))

17.64.050 - Site development standards.

The following site development standards apply in the U district:

A.

Minimum Building Site. The minimum building site requirement is the same as the minimum building site required by the appropriate zone district that would be used to implement the general plan designation applied to the lot; provided, in any case, no lot shall be less than eight thousand (8,000) square feet.

B.

Yards. The yard requirements are the same as the yard requirements established by the appropriate zone district that would be used to implement the general plan designation applied to the lot.

C.

Maximum Structural Height. The maximum structural height requirements are the same as the height requirements established by the appropriate zone district that would be used to implement the general plan designation applied to the lot.

D.

Parking. Parking requirements are as specified in Chapter 17.86 of this title.

(Ord. 97-99 § 1 (part))

Chapter 17.68 - BUILDING SITE (B) DISTRICT

The building site (B) district is intended to be combined with any principal district to modify the minimum building site standard otherwise applicable in the principal district.

(Ord. 97-99 § 1 (part))

Uses permitted in the B district are all uses permitted in the principal district with which the B district is combined, provided the administrative and use permit requirements of the principal district shall apply.

(Ord. 97-99 § 1 (part))

A.

The following minimum building site standards shall apply to all principal districts with which the following districts are combined:

1.

B: The minimum building site expressed in thousands of square feet, as indicated by a number following the hyphen (e.g., B-8 means eight thousand (8,000) square foot minimum building site);

2.

BA: The minimum building site expressed in acres, as indicated by a number following the hyphen (e.g., BA-5 means five acre minimum building site);

3.

BSM: The minimum building site is the area of the individual lot, as shown on a recorded parcel or final map. If no map has been recorded, the lot that was to be divided shall be subject to the regulations of the principal district, but only to the extent that the regulations do not conflict with the approved tentative map or its conditions of approval, until the map approval expires or is relinquished by the property owner. Intended to be applied only where no further land divisions are expected.

B.

The following building site limitations shall apply to all principal districts with which the following districts are combined:

1.

BL: The number of building sites existing and allowed to be created is limited to a maximum of the number following the hyphen (e.g., BL-3 means a maximum of three building sites are allowed). This is intended to

be applied to lots that qualify for more than one building site, based on allowed general plan densities, but are limited in the number of building sites allowed because a portion of the residential density applicable to the lot has been utilized to create other lots in the vicinity (density averaging). The minimum building site shall be determined by the principal district;

2.

BP: Further division of the lot cannot occur until the access road is constructed to city development standards, including paving.

C.

All other site development standards of the principal district must be met in order to qualify for the minimum building site or number of buildings allowed by the B district.

(Ord. 97-99 § 1 (part))

Chapter 17.70 - RESTRICTIVE FLOOD (F-2) DISTRICT

The restrictive flood (F-2) district is intended to be combined with any principal district to minimize or avoid hazards to life and property from flooding in the regulatory flood zone established by the Federal Emergency Management Agency, pursuant to the Flood Disaster Protection Act of 1973, and in other areas of significant flood hazard. These regulations apply in all districts combined with this district, provided that in case of conflict between the regulations of the principal district and this district, the more restrictive regulations control.

(Ord. 97-99 § 1 (part))

Uses permitted in the F-2 district are all uses permitted in the principal district with which the F-2 district is combined, provided the administrative permit and use permit requirements of the principal district shall apply.

(Ord. 97-99 § 1 (part))

Applications for all land divisions in the F-2 district shall include current regulatory flood elevation data. Such data shall be shown on the recorded map.

(Ord. 97-99 § 1 (part))

17.70.040 - Building permit site plans— Findings.

A.

Every building permit application shall include plans and specifications for all proposed construction; elevations in relation to mean sea level of the lowest habitable floor of residential structures, including basements or, for nonresidential structures, elevations to which it has been floodproofed; and such other information as the development services director or his or her designee or chief engineer of the county water agency may require.

B.

No building permit shall be granted unless the building official makes the following findings; if a use permit is required, the findings shall be made before the use permit is approved:

1.

The design and construction of all proposed improvements, including any manmade change or unimproved real property, are consistent with the need to minimize flood damage; and

2.

Drainage is designed to reduce exposure to flood hazards.

C.

Base flood elevation data will be provided by or approved by the chief engineer of the water agency. Where base flood elevation data has not been provided by the Federal Emergency Management Agency, the chief engineer shall obtain, review and reasonably utilize the best existing base flood data available from any source, including high water marks, floods of record and private engineering reports.

D.

The building official shall obtain and maintain elevation certifications necessary to confirm that the elevation requirements of Section 17.70.050 of this chapter have been satisfied.

(Ord. 97-99 § 1 (part))

Notwithstanding the provisions of Sections 17.70.020, 17.70.030, and 17.70.040 of this chapter, all uses are subject to the following conditions and restrictions:

A.

Every structure shall be designed or anchored to prevent flotation, collapse or lateral movement of the structure, or portions of it, due to flooding.

B.

All construction materials shall be resistant to flood damage, construction methods and practices which will minimize flood damage shall be used and all public utilities shall be located and constructed to minimize flood damage.

C.

New or replacement domestic water supply systems and sewage disposal systems shall be designed and installed to prevent infiltration and discharges into floodwaters.

D.

The lowest floor, including the basement, of all residential structures or substantial improvements to existing residential structures shall be constructed at least one foot above the base flood level.

E.

The lowest floor, including the basement, of all nonresidential structures, or substantial improvements to existing nonresidential structures may be below the base flood level, provided the structure, utilities and water and sewage disposal facilities are floodproofed to a point at least one foot above the base flood level. When floodproofing is required, a registered civil engineer or licensed architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood level.

F.

All permits from governmental agencies whose approval of development in the restrictive flood zone is required by federal or state law, shall be obtained prior to commencement of construction or installation of any structure, mobile home or water supply or sewage disposal system.

G.

No work that alters or relocates any portion of a watercourse shall diminish the flood-carrying capacity of the watercourse within the area of alteration or relocation.

H.

The chief engineer of the water agency shall notify adjacent communities and the State Department of Water Resources prior to any permitted alteration or relocation of any watercourse within this zone district.

I.

All mobile homes to be placed or substantially improved under city permit within this zone district shall be elevated on a permanent foundation such that the lowest floor of the mobile home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system. The mobile home shall be certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. Section 85401 et seq.).

J.

Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

K.

For 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:

1.

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.

2.

The bottom of all openings shall be no higher than one foot above grade.

3.

Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(Ord. 97-99 § 1 (part))

Exemptions to the provisions of this chapter may be made if a variance is obtained, as provided in Section 17.92.010 of this title. Such exemptions are subject to the provisions of Section 60.6 of Title 44 of the Code of Federal Regulations.

(Ord. 97-99 § 1 (part))

Chapter 17.72 - MOBILE HOME (T) DISTRICT

The mobile home (T) district is intended to be combined with selected principal districts to provide areas where mobile homes may be located in addition to uses otherwise permitted by the principal district.

(Ord. 97-99 § 1 (part))

17.72.020 - Districts with which the T district may be combined.

The T district may be combined with the following primary districts:

A.

Habitat protection (HP);

B.

Rural residential (R-R);

C.

Interim rural (I-R).

(Ord. 97-99 § 1 (part))

17.72.030 - Permitted uses.

The following uses are permitted outright in the T district:

A.

Mobile home, in lieu of a permitted one-family residence;

B.

All uses permitted without an administrative or use permit in the principal district.

(Ord. 97-99 § 1 (part))

17.72.040 - Uses requiring administrative permit.

The following uses are permitted in the T district if an administrative permit is issued:

A.

Family care residence, subject to the provisions of Section 17.88.180 of this title;

B.

All uses permitted with an administrative permit in the principal district.

(Ord. 97-99 § 1 (part))

17.72.050 - Uses requiring use permit.

The following uses are permitted in the T district if a use permit is issued:

A.

All uses permitted with a use permit in the principal district;

B.

Mobile home, in lieu of a one-family residence, when the regulations of the principal zone district require a use permit for a one-family residence;

C.

Second mobile home, in lieu of a second one-family residence, when the regulations of the principal district require a use permit for a second one-family residence.

(Ord. 97-99 § 1 (part))

In any hearing before the planning commission or city council to consider reclassifying land to include the T district, the use of the land for a mobile home shall first be found to be compatible with the use of the land for a one-family residence. In determining compatibility, the character of existing residential and other uses in the vicinity, the effect of topographic and other natural features on the visibility of the mobile home from these existing uses, and the distances between the mobile home and each of these uses shall be considered.

(Ord. 97-99 § 1 (part))

Chapter 17.74 - SCENIC HIGHWAY (SH) DISTRICT

The scenic highway (SH) district is intended to be combined with any principal district to protect the visual qualities of scenic corridors along official scenic highways, by maintaining the corridor in as natural a state as is feasible while allowing development consistent with applicable general plan policies.

(Ord. 97-99 § 1 (part))

The uses permitted and uses requiring an administrative or use permit in the principal district are permitted in the SH district if the development standards contained in Section 17.74.030 of this chapter are met.

(Ord. 97-99 § 1 (part))

A.

The development standards of this district shall prevail over any conflicting regulation of any principal district with which this district is combined.

B.

New structures shall be situated on the property where, to the extent feasible, they will be the least visible from the scenic highway. Structures shall be clustered where possible, leaving remaining areas in a natural state, or landscaped to be compatible with the scenic quality of the area.

C.

Structures shall blend into the surrounding environment by location, design, use of building materials and neutral colors.

D.

For commercial and industrial developments or mining operations, vegetation shall be planted and maintained according to an approved landscape plan or reclamation plan. Natural vegetation shall be

retained where it enhanced the scenic quality of the area.

E.

Grading shall be minimized and the property revegetated upon completion of construction.

F.

New utilities shall be underground where feasible.

G.

New transmission towers shall be diverted from scenic corridors, if possible; otherwise, they shall be located in inconspicuous areas.

H.

Appurtenance signs shall be permitted as allowed by the principal district with which it is combined, except a permitted freestanding sign shall not exceed fifty (50) square feet (twenty-five (25) square feet per side for double-faced signs) and twenty (20) feet in height. No outdoor advertising signs shall be permitted.

I.

The site development standards of this district may be modified with a use permit, provided the proposal will be of equal or greater excellence in arrangement, design or attractiveness than would occur if the routine standards of this section were applied.

(Ord. 97-99 § 1 (part))

Chapter 17.76 - SPECIFIC PLAN (SP) DISTRICT

The specific plan (SP) district is intended to be combined with any principal district to identify areas where specific plans are adopted. A specific plan shall be prepared in conformance with Article 8, Section 65450 et seq. of the California Government Code, and as may be further implemented by applicable city guidelines.

(Ord. 97-99 § 1 (part))

All uses permitted in the principal district are permitted in the SP district; provided, the administrative and use permit requirements of the principal district shall apply; and further provided, the uses are consistent with the provisions of the applicable specific plan.

(Ord. 97-99 § 1 (part))

The site development standards of the principal district and the provisions of the specific plan shall apply; provided, in the case of conflict between the two, the more restrictive regulation shall prevail, unless otherwise provided.

(Ord. 97-99 § 1 (part))

Chapter 17.78 - DESIGN REVIEW (DR) DISTRICT*

A.

The design review (DR) district is intended to be combined with any principal district for one or more of the following purposes:

1.

To protect areas having unique environmental, physical, historical or scenic features;

2.

To promote development which features a variety of amenities and design features;

3.

To encourage creative approaches to use of land and related physical development;

4.

To obtain the advantages of coordinated, flexible, comprehensive, long-range planning;

5.

To ensure compatibility with surrounding land uses through suitable project design;

6.

To protect the public's health and safety;

7.

To ensure consistency as deemed appropriate with adopted redevelopment plans, conceptual plans, architectural guidelines, and/or special development standards;

8.

To ensure that necessary on-site and off-site improvements are provided to support the proposed use, especially in areas of the city that have minimal public improvements.

B.

The requirements of this district prevail over any conflicting regulation of any principal district with which this district is combined.

(Ord. 98-104 § 1 (part))

The uses permitted outright in the principal district are allowed when conducted within an existing building and on property that conform with zoning, building and fire code development standards, or that will require only minor improvements to accomplish conformance with such standards.

(Ord. 98-104 § 1 (part))

With the exception of sues allowable under Section 17.78.015, the uses permitted outright and those permitted with an administrative permit or a use permit in the principal district are permitted in the DR district if a use permit is first issued in accordance with Section 17.92.020.

(Ord. 98-104 § 1 (part))

Site development standards in the DR district shall, in the aggregate, meet or exceed the applicable standards prescribed by the regulations for the principal district and those required by Chapter 17.84 (General Development Standards).

(Ord. 98-104 § 1 (part))

17.78.040 - Findings required for issuance of use permits in the DR district.

In addition to the findings required by Section 17.92.020E for issuance of a use permit, the planning commission shall also find the proposed use to be compatible with the purposes of this chapter.

(Ord. 98-104 § 1 (part))

Chapter 17.80 - WIRELESS TELECOMMUNICATIONS FACILITIES

A.

The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development, siting, installation, and operation of wireless telecommunications antennas and related facilities ("wireless telecommunications facilities") for personal wireless services. These regulations are designed to protect and promote public safety, community welfare and the aesthetic quality of the city consistent with the goals, objectives and policies of the Shasta Lake general plan and design and architectural standards while at the same time providing for managed development of wireless telecommunications infrastructure in accordance with the Telecommunications Act of 1996.

B.

The city intends to apply these regulations to accomplish objectives including but not limited to the following:

1.

Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and adjacent neighborhood commercial areas consistent with the adopted general plan and area plans and in compliance with applicable and federal legislation;

2.

Because wireless telecommunications antennas and related facilities for cellular and mobile phones and personal communications systems are a commercial use that is rarely accessory or merely incidental to the primary use of a parcel, to prevent the location of such facilities in residentially zoned districts unless:

a.

Such location is necessary to provide personal wireless services to residents and businesses in the city of Shasta Lake, or their owners, customers, guests, or invitees, or other persons traveling in or about the city of Shasta Lake and

b.

Placement, construction, and modification of wireless telecommunications facilities at such location can be made consistent with the character of the neighborhood and will not impose visual blight or harm environmental resources;

3.

Provide universal access to wireless telecommunications services;

4.

Support use of wireless telecommunications to maintain and enhance information resources and services;

5.

Permit the use of wireless telecommunications technology, where appropriate and within the scope of available resources, to enhance the economic vitality of Shasta Lake;

6.

Facilitate the creation of an advanced wireless telecommunications infrastructure for citizens, businesses, industries and schools;

7.

Establish and maintain telecommunications facilities that are components of a wireless telecommunications infrastructure designed to enhance the city's emergency response network and do not interfere with such emergency systems in violation of applicable federal or state regulations;

8.

Establish a process for obtaining necessary permits for wireless telecommunication facilities that provides greater certainty to both applicants and interested members of the public while ensuring compliance with all applicable zoning requirements;

9.

Provide opportunities for further reduction in potential aesthetic or land use impacts of wireless telecommunications facilities as changes in technology occur; and

10.

Support the use of personal wireless services to enhance personal and public health and safety as well as the public welfare of the city of Shasta Lake.

(Ord. 02-142 § 1 (part))

The provisions of this chapter shall apply to all communications facilities for the transmission and/or reception of wireless radio, television, and other communication signals, including, but not limited to, commercial wireless communications services (personal communication, cellular and paging) including, without limitation, antennae, masts, poles, towers, structures, buildings, additions to existing antennae, masts, poles, towers, structures, or buildings.

(Ord. 02-142 § 1 (part))

For the purposes of this section, the following terms and phrases have the meaning ascribed to them in this subsection.

"Antenna" means any system of wires, poles, rods, panels, whips, cylinders, reflecting discs, or similar devices used for transmitting or receiving electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable. "Antenna" includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

"Antenna-Facade mounted" (also know as Building Mounted) means any antenna, directly attached or affixed to the elevation of a building, tank, tower, or other structure.

"Antenna-Ground mounted" means any antenna with its base, whether consisting of single or multiple posts, placed directly on the ground or a single mast less than fifteen (15) feet tall and six inches in diameter.

"Antenna-Parabolic" (also known as Satellite Dish Antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow, dish, cone, horn, bowl or cornucopia shaped and is used to transmit or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.

"Approved engineer" means a radio frequency engineer or licensed electrical engineer specializing in EMF or RFR studies approved by the development services director to conduct analysis required pursuant to this chapter.

"Co-location" means the location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.

"Lattice tower" means a support structure, erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment.

"Monopole" means a single pole support structure greater than fifteen (15) feet in height erected on the ground or on a structure to support antennas and related communications equipment.

"Owner or operator" (also provider or service provider) means the person, entity or agency primarily responsible for installation and maintenance of the facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.

"Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996.

"Public property" means all real property owned, operated or controlled by the city, other than public rightof-way and any privately-owned area within the city's jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map or other plan approved by city.

"Public right-of-way" means any public street, public way, public place or rights-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the city or subject to an easement owned by city and any privately-owned area within city's jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by city.

"Readily visible" means an object is readily visible if it can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless telecommunications facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the building or structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. A stealth facility is one that is not readily visible.

"Related equipment" means all equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

"Stealth facility" means any wireless telecommunications facility that is not readily visible because it has been designed to blend into the surrounding environment and is visually unobtrusive. Examples may include architecturally screened roof-mounted antennas, building-mounted antennas that are painted and treated as architectural element to blend with the existing building, monopoles that are disguised as flag poles or public art, or camouflaged using existing vegetation. A pole or tower with antennas that are flush with or do not protrude above or out from the pole or antenna is not considered to be a stealth facility unless the pole or tower is an existing pole or tower, existing utility pole or tower, or existing light standard or street light, or replacement thereof.

"Structure ridgeline" means the line along the top of an existing roof or top of a structure, including existing parapets or mechanical equipment screens.

"Telecommunications" means the transmission, between or among points specified by the user, of

information of the user's choosing, without change in the content of the information as sent and received as defined in the Telecommunications Act of 1996.

"Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades) that is not located, in whole or in part, in, above, or below streets, public rights-of-way or other public property.

"Telecommunications service" means the offering of telecommunications for a fee directly or indirectly to any person as defined in the Telecommunications Act of 1996.

"Telecommunications tower" means any mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than fifteen (15) feet tall and six inches in diameter supporting one or more antennas, dishes, arrays, etc. shall be considered a telecommunication tower.

"View corridor" means any significant vista that substantially enhances the value and enjoyment of real property.

"Wireless telecommunications facilities" means personal wireless service facilities as defined in the Telecommunications Act of 1996, including, but not limited to, facilities that transmit and/or receive electromagnetic signals for cellular radiotelephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development used for the provision of personal wireless services. These facilities do not include radio towers, television towers, and government-operated public safety networks.

(Ord. 02-142 § 1 (part))

In addition to any other requirements imposed by this chapter, all wireless telecommunications facilities on property other than the public right of way in the city of Shasta Lake shall be consistent with:

A.

The Shasta Lake general plan, adopted area plans, and other adopted policies and guidelines, and all other applicable provisions of the zoning code;

B.

Applicable regulations and standards of any other governmental agency with jurisdiction over the installation or operation of wireless telecommunications facilities including, but not limited to, the Federal Communications Commission, the Federal Aviation Administration, and the California Public Utilities Commission;

C.

Any applicable discretionary permits affecting the subject property except to the extent the planning commission may modify such requirements.

(Ord. 02-142 § 1 (part))

17.80.050 - Minimum application requirements.

Applications for wireless telecommunication facilities pursuant to this chapter, shall include:

A.

A narrative description and map showing the coverage area of the provider's existing facilities and the specific site that is the subject of the application.

The narrative shall include information regarding the reasons why a permit is being sought (for example, whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area), why the subject site is considered necessary to accomplish the provider's coverage objectives, and why the proposed site is the most appropriate location under existing circumstances.

The application shall include a statement offering to provide, if requested by the city, sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in EMF or RFR studies (hereinafter, "an approved engineer") retained by the city at the provider's expense to verify that the site is necessary for the purpose stated in the provider's narrative.

The application shall also include a statement that the provider, upon request by the city will provide a summary of the alternatives considered and the reasons why the provider did not consider such alternatives feasible.

B.

An area plan indicating the location of existing cellular tower facilities within a two-mile radius of the proposed site.

C.

A statement agreeing to allow future co-location on the subject property subject to a determination of feasibility and approval of all necessary permits under this chapter. As used in this chapter, the term "feasibility" or "feasible" shall take into account technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals under this chapter and the Uniform Building Code, as well as the common meaning of the term.

its under this chapter. As used in this chapter, the term "feasibility" or "feasible" shall take into account technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals under this chapter and the Uniform Building Code, as well as the common meaning of the term.

If the owner of a building or structure will not consent to placement of wireless telecommunications facilities on the building or structure, then placement or co-location of wireless telecommunications facilities on the building or structure shall be deemed to be not feasible. If it is not reasonably practical to place or co-locate wireless telecommunications facilities on a building or structure, then placement or colocation of wireless telecommunications facilities on the building or structure shall be deemed to be not feasible.

D.

If the proposed facility will not be co-located, an explanation of the reasons why co-location is not feasible.

E.

A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites.

F.

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

G.

Engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

H.

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

I.

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

J.

Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, and a maintenance plan including an irrigation plan.

K.

Plans and elevations, drawn to scale, for facade- or roof-mounted antennas.

L.

A visual impact analysis including scaled elevation diagrams with the context of the building, before and after-photo simulations, and a map depicting where the photos were taken. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize visibility are not proposed, such approaches to reduce the visibility of the installation would not be effective. The development services director may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility.

M.

Description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless telecommunications facilities proposed to be installed.

N.

A statement that, at the discretion of the development services director, the applicant will pay the reasonable actual cost and a reasonable administrative fee for hiring an independent qualified radio frequency or electrical engineer to evaluate any technical aspect of the proposed telecommunication facility, including, but not limited to, compliance with applicable federal emission standards, feasibility of co-location, need for proposed location and suitability of alternate sites, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices.

Any proprietary information disclosed to the city or the consultant in confidence shall not be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. The city shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

O.

A statement that prior to obtaining a building permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the development services director, for the removal of the facility in the event that is use is abandoned or the approval is otherwise terminated.

P.

The development services director may require any other information deemed necessary in order to process the application in compliance with the requirements of this section.

(Ord. 02-142 § 1 (part))

A.

Wireless telecommunications facilities may be allowed in any zoning district pursuant to approval of a use permit by the planning commission pursuant to zoning code Section 17.92.020.

B.

Any expansion of an existing wireless telecommunications facility over and above the limitations established by the original use permit shall require the approval of a subsequent use permit by the planning commission pursuant to zoning code Section 17.92.020 to determine whether additional mitigation measures, including additional stealthing techniques or conditions of approval are required.

C.

No wireless telecommunications facilities shall be located in any residential (R) zoning district unless the planning commission makes the applicable findings required in Section 17.80.110.

D.

No wireless communications facilities shall be sited on or above a ridgeline or at any other location readily visible from a public park, unless the planning commission makes the applicable findings required in Section 17.80.110.

E.

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

F.

No new freestanding facility, including towers, lattice towers and monopoles, shall be located within five thousand (5,000) feet of another freestanding facility, unless appropriate stealth techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.

G.

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

H.

The development services director may approve minor modifications and aesthetic upgrades that employ stealthing techniques and reduce the size or visibility of any legally established wireless telecommunication facilities without notice or hearing subject to compliance with all existing conditions of approval.

(Ord. 02-142 § 1 (part))

A.

The height of a telecommunications tower shall be measured from existing grade below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. The height of building-mounted antennas shall include the height of that portion of the building on which the antenna is mounted. In the case of "crank-up" or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised.

B.

No antenna telecommunications tower or facade-mounted antenna shall exceed or project above the height limits specified for the district in which the antenna is located unless the planning commission approves a use permit based on the applicable findings required in Section 17.80.110.

C.

Roof-mounted antennas affixed to an existing or proposed tower or pole shall not extend or project more than fifteen (15) feet above the height limit of the district unless the planning commission approves an exception based on the applicable findings required in Section 17.80.110. So long as the height of the antenna does not exceed the height limit permitted in the district, an additional foot of height will be permitted for every ten feet the antenna is set back from the building parapet, to a maximum height of fifteen (15) feet above the roof surface.

D.

Roof-mounted or facade-mounted antennas proposed on an existing building, tower, or pole that is legal non-conforming in terms of height shall not extend or project more than fifteen (15) feet above the existing height of the building or structure unless the planning commission approves an exception based on the applicable findings required in Section 17.80.110.

(Ord. 02-142 § 1 (part))

In addition to all other requirements set forth in this chapter, all wireless telecommunication facilities shall meet the following design requirements:

A.

Based on potential aesthetic impact, the order of preference for facility type is: facade mounted, roof mounted, ground mounted, and freestanding tower. If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not feasible.

B.

All facilities shall be designed and located to minimize their visibility to the greatest extent feasible, considering technological requirements, by means of placement, screening, stealthing techniques, and camouflage. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner/operator's coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of surrounding residential units shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.

C.

No readily visible antenna shall be placed at a location where it will be in a direct line of sight of a significant or sensitive view corridor, where it would adversely affect a scenic vista, or where it would materially impair the significance of an historical resource or unique archeological resource.

D.

Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be construed of non-reflective materials. Facilities shall be painted or textured using colors to match or blend with the primary background.

E.

Facility lighting shall be designed to meet but not exceed minimum requirements for security, safety or FAA regulations, and in all instances shall be designed to avoid glare and minimize illumination on adjacent properties. Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

F.

No advertising shall be placed on telecommunications antennas or other equipment.

G.

All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The planning commission may require the provision of warning signs, fencing, anticlimbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to design review.

H.

Where appropriate and directly related to the applicant's placement, construction, or modification of wireless telecommunications facilities the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening unless the planning commission approves appropriate replacement landscaping. Additional landscaping shall be planted as needed to minimize the visual impact of the facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The planning commission shall determine the appropriate minimum size of new trees and shrubs.

I.

Facade-mounted equipment shall not project more than eighteen (18) inches from the face of the building or other support structure unless specifically authorized by the planning commission.

J.

Roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Roofmounted and ground-mounted antennas shall not be placed in direct line of sight of significant or sensitive view corridors or where they adversely affect scenic vistas unless the planning commission finds that the facility incorporates appropriate, creative stealth techniques to camouflage, disguise, and/or blend into the

surrounding environment to the extent possible. Roof mounted antennas shall be designed and sited to minimize their visibility and shall be no taller than necessary to meet the operator's service requirements, based on independent analysis by an approved engineer.

K.

Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. When screened from pedestrian-level view from the public right-of-way and not readily visible from any property that contains a legally-established residential use, such antennas may be located in any required yard subject to the approval by the planning commission. No such antenna may exceed thirty-nine (39) inches in diameter unless the planning commission finds that a smaller antenna can not feasibly accomplish the provider's technical objectives. The planning commission may require that this determination be based on independent technical analysis by an approved engineer.

L.

All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation unless a higher monopole or lattice tower will facilitate colocation or other objectives of this chapter.

M.

In order of preference, ancillary support equipment for facilities shall be located either within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the public right of way, unless the planning commission finds that another location is preferable under the circumstances of the application.

N.

Aboveground and partially buried ancillary equipment including support pads, cabinets, shelters, and buildings shall be located where they will be least visible from surrounding properties and the public right of way and shall be designed to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other stealthing techniques to minimize their visual impact.

If the planning commission determines than an equipment cabinet is not or can not be adequately screened from surrounding properties or from public view or architecturally treated to blend in with the environment, the equipment cabinet shall be placed underground or inside the existing building where the antenna is located unless the planning commission finds that such placement is not feasible or consistent with the objectives of this chapter and other applicable requirements.

O.

No telecommunications antenna or ancillary support equipment shall be located within any setback or between the face of a building and a public right of way without approval by the planning commission except for facilities that are completely subterranean.

P.

When antennas are co-located, the city may limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site.

Q.

At the time of modification or upgrade of facilities, existing equipment shall, to the extent feasible, be replaced with equipment of equal or greater technical capacity and reduced size so as to reduce visual and noise impacts.

R.

Proposed facilities shall not reduce the number of available parking spaces below the amount required pursuant to the zoning ordinance.

(Ord. 02-142 § 1 (part))

All wireless telecommunication facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of this chapter.

A.

Each owner or operator of a wireless telecommunications facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and

location of signs shall be subject to design review. The signage shall be attached to the base of any utility pole or light standard to which microcells are affixed.

B.

Wireless telecommunications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the city.

C.

The owner or operator of a wireless telecommunications facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the development services director for approval.

D.

Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices. Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in the Shasta Lake general plan.

E.

All wireless telecommunications facilities shall be designed to meet the following requirements:

1.

The exterior walls and roof covering of all aboveground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the Uniform Building Code.

2.

Openings in all aboveground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers to the extent feasible.

3.

Material used as supports for antennas shall be fire resistant, termite proof, and subject to all applicable requirements of the Uniform Building Code.

4.

Telecommunications antenna towers shall be designed to withstand forces expected during earthquakes to the extent feasible building-mounted facilities shall be anchored so that a quake does not dislodge them or tip them over. All equipment mounting racks and attached equipment shall be anchored so that a quake would not tip them over, throw equipment off its shelves, or otherwise damage equipment.

5.

All connections between various components of the wireless telecommunications facility and necessary power and telephone lines shall, to the extent feasible, be protected against damage by fire, flooding, and earthquake. Reasonable measures shall be taken to keep wireless telecommunication facilities in operation in the event of a natural disaster.

F.

Routine maintenance and repairs shall be limited between the hours of 8 a.m. to 7 p.m. Monday through Friday, excluding holidays.

G.

Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible.

(Ord. 02-142 § 1 (part))

A.

No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the Federal Communications Commission's (FCC) limits for electric and magnetic field strength and power density for transmitters. In order to ensure continuing compliance with all applicable emission standards, all wireless telecommunications facilities shall be reviewed by an approved engineer in accordance with the schedule and procedures set forth below.

All reasonable costs of such inspections shall be born by the owner or operator of the facility. The city may require, at the operator's expense, independent verification of the results of any analysis. If an operator of a telecommunications facility fails to supply the required reports or fails to correct a violation of the FCC standard following notification, the use permit is subject to modification or revocation by the planning commission following a public hearing.

1.

Within forty-five (45) days of initial operation or modification of a telecommunications facility, the operator of each telecommunications antenna shall submit to the development services director written certification by an approved engineer that the facility's radio frequency emissions are in compliance with the approved application and any required conditions. The engineer shall measure the radio frequency radiation of the approved facility and determine if it meets the FCC requirements of the report of these measurements, and

the engineer's findings with respect to compliance with the FCC's MPE limits shall be submitted to the development services director.

If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility complies with, or has been modified to comply with, this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the development services director may require, at the applicant's expense, independent verification of the results of the analysis.

2.

Within two years of approval and once every two years thereafter for a period of four years, and at any time within such six-year period within ninety (90) days of any change in applicable FCC radio frequency standards or of any modification of wireless telecommunications facilities, the operator of each wireless telecommunications antenna shall submit to the development services director written certification by an approved engineer demonstrating continued compliance with all applicable FCC radio frequency standards. The engineer shall measure the radio frequency radiation of the approved facility and determine if it meets FCC requirements.

3.

After the initial six-year period following approval has elapsed, the operator of each wireless telecommunications facility shall only be required to submit to the development services director written certification by an approved engineer of compliance with applicable FCC radio frequency standards within ninety (90) days of any change in applicable FCC radio frequency standards or of any modification of the facility requiring a new submission to the FCC to determine compliance with emission standards.

If calculated levels exceed eighty (80) percent of the FCC's MPE limits, the operator of the facility shall hire an approved engineer to measure the actual exposure levels. If calculated levels are not in compliance with the FCC's MPE limit, the operator shall cease operation of the facility until the facility is brought into compliance with the FCC's standards and all other applicable requirements. A report of these calculations, required measurements, if any, and the engineer's findings with respect to compliance with the current MPE limits shall be submitted to the development services director.

4.

If the development services director at any time finds that there is good cause to believe that a telecommunications antenna is not in compliance with applicable FCC radio frequency standards, he or she may require the operator to submit written certification that the facility is in compliance with such FCC standards.

B.

The owner or operator of any wireless telecommunications facility that was approved by the city before the effective date of this chapter, shall submit the following to the development services director within six months from the date of notification:

A written summary certifying the commencement date and expiration date of any lease, license, property right, or other use agreement for the facility, including any options or renewal terms specified therein. The information disclosed in this summary is, and shall remain, confidential, shall not be made a matter of public record, and shall not be disclosed to any third party without the express written consent of the applicant;

2.

Written certification by approved engineer that the facility's radio frequency emissions are in compliance with the approved application and any required conditions. The engineer shall measure the radio frequency radiation of the approved facility and determine if it meets the FCC requirements. If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility is brought into compliance. In order to assure the objectivity of the analysis, the city may require, at the applicant's expense, independent verification of the results of the analysis.

C.

Any facility that was approved by the city prior to the effective date of this chapter and which does not comply with this chapter on the date of its adoption shall be considered a lawful nonconforming use provided that the owner or operator submits the information required in subsection B of this section.

D.

Failure to submit the information required in this section will be considered a violation of the zoning ordinance. Any facility found in violation may be ordered to terminate operations by planning commission following a duly noticed public hearing.

(Ord. 02-142 § 1 (part))

In order to approve any use permit under this chapter, the planning commission must find that the proposed project is consistent with the general requirements of this chapter and any specific requirements applicable to the proposed facility. Additionally, the planning commission must make the finding required in subsection B and any other applicable finding required by this section.

A.

All findings must be based on substantial information in the record such as, where required, technical analysis by an approved radio frequency engineer, letters from telecommunications operators with existing facilities stating reasons for not permitting co-location, calculations by a state-licensed structural engineer, or other evidence. The planning commission may require that any determination required by this chapter be supported by independent analysis by an approved engineer retained by the city.

B.

In order to approve a use permit for any wireless telecommunications antenna, the planning commission must find that the proposed antenna or related facility, operating alone or in conjunction with other telecommunications facilities:

1.

Will comply with all applicable state and federal standards and requirements; and

2.

Appropriate stealth techniques have been used to minimize the visual impact of the facility.

C.

The planning commission must also make one or more of the following findings to the extent they are applicable:

1.

To establish a wireless telecommunications antenna that is not co-located with other existing or proposed facilities or a new, free-standing pole or tower, the planning commission must find that co-location is not feasible, would have more significant adverse effects on views or other environmental considerations, is not permitted by the property owner, would impair the quality of service to the existing facility, or would require existing facilities at the same location to go off-line for a significant period of time.

2.

To establish a wireless telecommunications antenna that would exceed the height limits allowed under Section 17.80.070 and would be readily visible from the public right-of-way, from the habitable living areas of surrounding residential units, or from a public park, the planning commission must find that appropriate stealth techniques have been used to minimized the visual impact of the facility, that it is not technically feasible to incorporate additional measures to minimize the visibility of the installation, and that it is not feasible to accomplish the applicant's service objectives from a different location.

3.

To approve a use permit to allow establishment of a satellite dish or parabolic antenna exceeding thirty-nine (39) inches in diameter, the planning commission must find that a smaller or different antenna can not feasibly accomplish the provider's technical objectives and that the facility will not be readily visible from the public right-of-way, from the habitable living areas of residential units, or from a public park.

4.

To approve a use permit to allow establishment of a wireless telecommunication antenna or related facility in any residential (R) zoning district or at any location at which it would be readily visible from any residentially-zone property within three hundred (300) feet that contains a legally established residential use, from the habitable living areas of surrounding residential units, the planning commission must find that the placement, construction, or modification of wireless telecommunications facility in such location is necessary for the provision of personal wireless services to Shasta Lake residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the city.

The planning commission shall base such finding of necessity on substantial evidence that:

a.

Without such antenna or facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area or its existing coverage in the proposed coverage area will remain substantially inferior to its coverage in other areas of the city or;

b.

Denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation.

(Ord. 02-142 § 1 (part))

A.

Within thirty (30) days of cessation of operations of any wireless telecommunications facility approved pursuant to this chapter, the operator shall notify the development services director in writing. The permit for said wireless telecommunications facility shall be deemed lapsed and of no further effect six months thereafter unless:

1.

The development services director has determined that the same operator resumed operation within six months of the notice; or

2.

The city has received an application to transfer the permit to another operator.

B.

No later than thirty (30) days after a permit has lapsed under the preceding subsection, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of Section 17.80.050 to do so. If such facilities are not removed, the site shall be deemed to be a nuisance and the city may call the bond to pay for removal.

C.

Failure to inform the development services director of cessation of operations of any existing facility shall constitute a violation of the zoning ordinance and be grounds for:

1.

Revocation or modification of the use permit:

Removal of the facilities at the applicant's or property owner's expense by calling of any bond or other assurance secured by the operator pursuant to the requirements of Section 17.80.050; and/or

D.

Any FCC-licensed telecommunications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the development services director.

The development services director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing use permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a state-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission and the California Public Utilities Commission. If the development services director determines that the proposed operation is not consistent with the existing use permit, he or she shall notify the applicant who may revise the application or apply for modification to the use permit.

(Ord. 02-142 § 1 (part))