Chapter 17.81 — AFFORDABLE HOUSING

The purpose of the affordable housing chapter is to provide for a variety of incentives for the creation of affordable and accessible housing. This chapter implements portions of state law, sections of which are referenced throughout the chapter as well as the city housing element's policies and implementation programs. Each section provides requirements as they relate to the individual incentive. Each section identifies in which zoning district the proposed use is allowed and the development standards to be met for the use. Administration and enforcement of the standards are included in the sections where enforcement is required.

(Ord. No. 14-223, § I, 5-20-2014)

A.

"Accessory dwelling unit (ADU)." An accessory dwelling unit (ADU) includes all units meeting the requirements of Section 17.81.030. These types of uses have been previously referred to as family care residences, guest houses, second units, servant's quarters, and senior care residences. All ADUs must meet the standards in Section 17.81.030. Only one ADU may be constructed on an individual parcel in addition to a primary dwelling unit.

B.

"Emergency homeless shelter." Emergency shelters are defined as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person (California Health and Safety Code Section 50801(e)). Such housing is considered temporary but may be

continuous for a period of the six-months occupancy. Emergency shelters must meet the development and operational standards in Section 17.81.060.

C.

"Floor area ratio (FAR)." As defined in Section 17.02.228.

D.

Reserved ("live work").

E.

Reserved ("mixed use").

F.

"Reasonable accommodation." Reasonable accommodation shall mean a program by which the City of Shasta Lake removes constraints or provides reasonable accommodation for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.

G.

"Single-room occupancy (SRO)." A single room occupancy (SRO) means an efficiency unit, as defined by the California Health and Safety Code Section 17958.1, intended or designed to be used, or which is used, rented, or hired out, to be occupied, or which is occupied, as a primary residence, by individuals.

An SRO does not include any institution in which persons are housed or detained under legal restraint or hospitalized or otherwise under medical, nursing, or psychiatric care, or fraternity or sorority houses.

An SRO provides permanent living space that may or may not have individual bathroom or kitchen facilities within a building that provides for four or more units.

H.

"Supportive housing." Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (California Health and Safety Code 50675.14(b)(2)).

I.

"Target population." Target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code Section 4500 et seq.), and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people pursuant to California Health and Safety Code Section 50675.14.

J.

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

(Ord. No. 14-223, § I, 5-20-2014)

17.81.030 - Accessory dwelling units (second units and other accessory units).

A.

Purpose and Applicability. The purpose of this section is to comply with the California Government Code pertaining to accessory dwelling units as a means to increase the supply of affordable housing units. One accessory dwelling, which meets all of the requirements of this section, may be approved per parcel with an existing or permitted primary residence.

This section establishes standards for the development of ADUs to ensure that they remain compatible with the existing neighborhood. Any application that meets the requirements of this section shall be approved as a ministerial act, without a public hearing, and is exempt from the California Environmental Quality Act (CEQA).

B.

Location. In any zoning district that allows single family residences, an ADU shall be considered a permitted use, provided it meets the requirements of this section.

C.

Development Standards. An ADU pursuant to this chapter shall be approved only if it complies with the following development standards:

1.

Location on Lot. An ADU may be attached or detached from the existing primary dwelling unit. If detached, the ADU shall be separated from the primary dwelling unit by a minimum of six feet and shall meet the setbacks of the zoning district in which it is located. Property line setbacks shall not apply to the conversion of existing, detached, legally constructed accessory buildings. If attached, the ADU must meet all building setbacks required of the primary dwelling.

2.

Unit Size for Detached or Attached ADUs:

a.

The floor area of a detached ADU shall not be less than two hundred twenty (220) square feet, as described in California Building Code Chapter 12, Section 1208.4. The floor area of an attached ADU shall not be less

than one hundred fifty (150) square feet.

b.

The total area of floor space of an attached accessory dwelling unit shall not exceed fifty (50) percent of the proposed or existing primary dwelling living area or one thousand two hundred (1,200) square feet.

c.

The total area of floor space for a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

3.

Architectural Compatibility. The ADU shall incorporate the same or similar architectural features, building materials, and colors as the primary dwelling unit.

4.

Off-Street Parking. One off-street parking space shall be provided for every newly constructed, detached ADU. The required parking for the ADU may be covered or uncovered. As governed by state law, this additional space may be a tandem space within a driveway or may be located in the front yard setback immediately adjacent to the driveway, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Required parking for the ADU shall not conflict with existing parking required for the primary dwelling. No additional parking shall be required if the ADU is part of a proposed or existing primary residence or accessory structure.

5.

Utilities. The ADU may share existing utilities with the primary residence. Separate electric, water, and gas meter may be allowed on the property per each primary dwelling unit and ADU. Both the primary dwelling and ADU shall be tied into the city's sewer system if available. For areas where sewer service is not available, the primary dwelling unit and ADU shall be connected to a septic system approved by the Shasta County Department of Environmental Health. All applicable utility connection and capacity fees shall apply to newly installed services for a detached accessory dwelling unit.

6.

Permanent Foundation. A permanent foundation shall be required of all ADUs.

7.

Development Standards.

a.

The development standards for all ADUs shall be the same as the zoning district in which it is located. Manufactured homes shall be subject to the development standards included in Section 17.84.090.

b.

All accessory dwelling units shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

c.

Any mobile/manufactured ADU must be certified by California Department of Housing and Community Development.

d.

When the new structure is constructed on the front of the lot facing the street, it shall be constructed to look as though there is only one unit on the lot. On a corner lot, the main entrance for the primary dwelling unit may face one street, and the main entrance of the ADU may face the other street.

e.

Exceptions may be made if approved by the development services director or his/her designee based on justification that the design of the development improves the architectural compatibility.

f.

Windows located on the side yard sides will be permitted only on the top third of the second story for the ADU or primary unit allowing for light transmission (includes clerestory windows). Permanently opaque windows may be installed at any height with the approval of the development services director or his/her designee.

D.

California Building Code requirements which apply to additions to existing single-family dwellings, and construction of new dwelling units, as appropriate, shall apply to ADUs.

E.

Approval by the Shasta County Environmental Health Department is required where an onsite waste treatment system is being used.

F.

Preexisting ADUs. ADUs existing prior to adoption of this section, the use of which is nonconforming in the zoning district in which it is located, may be considered conforming if the development services director or his/her designee issues a zoning clearance determining that the ADU complies with all of the requirements of this section, which includes compliance with planning, building and fire codes.

G.

Standards.

Neither the primary dwelling nor the ADU may be sold separately.

2.

The term of the rental of the primary or accessory dwelling unit shall not be less than thirty (30) days.

No conversions of other structures, including garages, out buildings, second floors over garages or other buildings shall be permitted unless replacement parking is provided as required by the zoning district in which it is located.

H.

Temporary Emergency Use. A mobile home, no older than ten years with a current license from the state department of housing and community development, may be occupied on a temporary basis pursuant to approval of an administrative permit by the development services director or his/her designee provided:

1.

The temporary mobile home shall not be considered a permanent ADU.

2.

A recreational vehicle may be occupied for emergency use if it satisfies the following criteria:

a.

It shall be certified by the American National Standards Institute (ANSI).

b.

It shall have a National Highway Traffic Safety Administration (NHTSA) seal.

c.

It shall be no older than ten years old.

3.

The temporary use is limited to direct, primary, family members to include parents, siblings, children, grandparents, and grandchildren.

4.

The mobile home shall utilize existing water and wastewater service available on-site.

5.

The temporary mobile home shall meet the minimum setback requirements of the zoning district in which it is located, and shall be placed on the rear of the lot or screened with wood or block fencing.

6.

The maximum period for temporary ADUs would be six months in order for the property owner to add to the dwelling or provide a permanent ADU. No more than one six-month extension of time may be granted by the development services director or his/her designee. The decision of the development services director may be appealed to the planning commission. The decision of the planning commission may be appealed to the city council. Such appeals shall follow the same procedures for variance and use permit appeals in accordance with the provisions of Section 17.92.030.

7.

The temporary mobile home must be removed from the site at the end of the emergency period. No storage of the mobile home is permitted on-site. A notice of violation will be recorded with the county recorder if the mobile home is not removed after the emergency period. Abatement proceedings will be initiated through the city's abatement process.

(Ord. No. 14-223, § I, 5-20-2014; Ord. No. 18-270, § 1, 4-3-2018; Ord. No. 19-275, § 2(Exh. B), 9-3-2019)

17.81.050 - Density bonus.

A.

Purpose. The purpose of this section is to implement California Government Code Sections 65915—65919. The city's intent in including this section is to provide incentives to developers of affordable housing which meet the standards for affordable housing.

For the purpose of allocating a density bonus, affordable housing means developments with households with less than eighty (80) percent of the county's median income. All density bonuses and incentives are targeted to developments which meet the requirements for long-term affordability.

B.

Reference for Density Bonuses and Applicability. All application of density bonuses as required by California Government Code Sections 65915—65919 shall be governed by the aforementioned Government Code sections and subsequent amendments. A density bonus greater than outlined within the aforementioned Government Code section may be approved subject to the approval of a use permit.

C.

Application. Developers of property asking for density bonuses shall apply for said density bonus using application forms provided by the development services department. If other discretionary actions are required, consideration of the density bonus shall be processed together with the other discretionary actions unless waived by the development services director or his/her designee.

In all other instances, the development services director or his/her designee shall have thirty (30) days to determine if the density bonus shall be applied and a response provided to the developer and property owner.

D.

Long-term Affordability. All developments which receive approval of density bonuses shall enter into a long term affordability agreement for affordable housing which shall be recorded prior to receiving a building permit for any of the structures in the development. The affordability clauses in the agreement shall follow the applicable California Code sections governing the density bonus.

(Ord. No. 14-223, § I, 5-20-2014; Ord. No. 19-274, § II(Att. A), 7-16-2019)

A.

Purpose. California Government Code Section 65583(a)(4) requires that each jurisdiction provide for at least one zoning district in which an emergency shelter must be permitted. The Government Code also permits jurisdictions to provide for specified development standards in providing an emergency shelter.

B.

Zone. Emergency homeless shelters shall be allowed in the Community Commercial (C-2) zoning district as a permitted use subject to the following development standards as permitted by California Government Code Section 65583, and incorporated in this section.

C.

Number of Beds. The maximum number of beds or persons permitted to be served nightly by the facility shall be fifteen (15). The number of beds may be exceeded if an administrative permit is issued by the development services director or his/her designee based on the following findings:

1.

The city has been declared a disaster area by either the Governor or the President; or

2.

The annual homeless count exceeds fifteen (15) homeless people within the city.

D.

Parking. One uncovered parking space per bed shall be required. A reduced number of spaces may be permitted if an administrative permit is issued by the development services director or his/her designee to justify fewer spaces.

E.

Waiting Space. Exterior waiting space shall be provided that is covered and handicapped accessible in the amount of uncluttered space of twenty-five (25) square feet per bed. Interior waiting space shall be provided that will provide for fifteen-person occupancy, is handicapped accessible and is approved by the fire department for exiting.

F.

On-site management shall be provided for all hours the shelter is open for occupancy and shall include a period of one hour before opening and one hour after closing should the facility be open less than twentyfour (24) hours.

G.

Emergency shelters may be adjacent to each other if they are operated by one management operator such that the management of the facilities are coordinated but no more than thirty (30) beds shall be located closer than three hundred (300) feet apart. If common management is not available, emergency shelters shall not be closer than three (300) hundred feet apart.

H.

The maximum length of stay for each person shall be no longer than six months.

I.

Outside security lighting shall be provided for all entrances and exits, parking and storage areas. Lighting will meet California Energy Commission lighting standards for night lighting and will not expose adjacent properties to light or glare.

J.

Security shall be provided for the timeframe during which the shelter is in operation. For a shelter housing a small number of people the security provision may be waived by the development services director or his/her designee with an administrative application if on-site management is adequate. Emergency contact information shall be required for twenty-four-hour access to management staff that must be local.

K.

Emergency shelter development is exempt from the California Environmental Quality Act (CEQA).

(Ord. No. 14-223, § I, 5-20-2014)

17.81.070 - Reserved (incentives). 17.81.080 - Reserved (live work). 17.81.090 - Reserved (mixed use). 17.81.100 - Reasonable accommodation.

A.

Purpose. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B.

Applicability. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or

anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts. Reasonable accommodation accrues to the person not the land. If the person needing the reasonable accommodation moves out the accommodation is no longer valid.

C.

Request for Reasonable Accommodation. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Such a request may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

D.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the development services department and shall contain the following information:

1.

The applicant's name, address and telephone number.

2.

Address and parcel number of the property for which the request is being made.

3.

The current actual use of the property.

4.

The basis for the claim that the individual is considered disabled under the Acts.

5.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested.

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

E.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection D together for concurrent review with the

application for discretionary approval. If no other approvals are necessary, the request alone is exempt from the California Environmental Quality Act (CEQA).

F.

Review Authority and Process. Requests for reasonable accommodation shall be reviewed by the development services director or his/her designee, or his designee if no approval is sought other than the request for reasonable accommodation. The director, or his designee, shall make a written determination within fifteen (15) business days and either grant, grant with modifications, or deny a request for reasonable accommodation.

G.

Findings. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, shall be used by an individual disabled under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5.

Potential impact on surrounding uses.

6.

Physical attributes of the property and structures.

7.

Alternative reasonable accommodations which may provide an equivalent level of benefit.

H.

Conditions of Approval. In granting a request for reasonable accommodation, the development services director or his/her designee may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection G above.

I.

Appeal of Determination. A determination by the development services director to grant or deny a request for reasonable accommodation may be appealed to the planning commission. The decision of the planning commission may be appealed to the city council. Such appeals shall follow the same procedures for variance and use permit appeals in accordance with the provisions of Shasta Lake Municipal Code Section 17.92.030.

(Ord. No. 14-223, § I, 5-20-2014)

17.81.110 - Required findings for denial of affordable housing developments.

A.

Purpose. This section establishes the required findings that must be made by the development services director or his/her designee, the planning commission or the city council when denying an affordable housing development or zoning for such developments pursuant to California Government Code Section 65589.5.

B.

State Required Findings. Pursuant to California Government Code Section 65589.5(d), the City shall not disapprove a housing development project, including farmworker housing as defined in subdivision (d) of Section 50199.50 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon substantial evidence in the record, as to one of the following:

1.

The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the department of housing and community development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified

pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.

2.

The development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

3.

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.

4.

The development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

5.

The development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article.

a.

This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation.

b.

If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a

site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low and low-income categories.

c.

If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. This section provides for the development of single-room occupancies (SROs) as a form of affordable housing.

B.

Kitchen and Bathroom Facilities. Those SROs without kitchen or bathroom facilities shall be provided congregate on-site facilities sufficient for the number of SROs pursuant to the California Building Code. Congregate bathrooms with showers must have individual stalls that can be locked.

C.

Laundry. For all SRO buildings, congregate laundry facilities shall be provided with one washer or dryer for every five units.

D.

Unit Size. The minimum size for a unit shall be two hundred (200) square feet and the maximum shall be four hundred (400) square feet. Units of two hundred (200) square feet shall house no more than one person. No unit shall house more than two people.

E.

Community Room. Buildings of over ten units shall provide a common community area that is at least fifty (50) square feet per SRO.

F.

Building and Development Standards. SRO buildings shall meet all state and local building and development standards, including parking, in accordance with the zoning district in which they are located.

G.

Management Plan. All SRO buildings of seven or more units shall provide a management plan that includes the placement of the congregate facilities (laundry, bathrooms, and kitchens), number of units, number of beds, and provision for twenty-four-hour on-site management. If the units are for transitional or supportive housing, the management plan must so designate and meet the requirements for transitional or supportive housing including length of stay and the designation and contracting for supportive services. Verification of the services to be provided by contract must be provided. The management plan must provide the name, title and contact information for the management staff and the property owner for emergency purposes.

H.

Zoning Districts. SRO buildings are permitted in the R-3 and R-4 zoning districts with an administrative permit. SRO buildings are permitted in VC, CC, and C-2 zoning districts as second floor uses only, where the residential is combined with commercial on the first floor, with an administrative permit. An exception may be made and approved by the development services director or his/her designee for handicapped accessible units with the provision of a site plan which defines which units are accessible.

(Ord. No. 14-223, § I, 5-20-2014)

17.81.130 - Supportive housing.

A.

Purpose. The purpose of this section is to comply with California Government Code Sections 65582 and 65583 which define supportive housing development and identify supportive housing development as a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

B.

Zoning District. Supportive housing is allowed in zoning districts where other residential uses are allowed under the same development standards and requirements of the applicable zoning district. Supportive housing with six or fewer residents is recognized as single-family residential and shall be allowed in zoning districts in which other single-family residential uses are allowed as permitted uses. Supportive housing with seven or more residents shall be recognized as multi-family residences and shall be allowed in zoning districts in which other multi-family residential uses are allowed as permitted uses or as uses requiring a use permit.

C.

Supportive Services. Supportive housing proposals shall provide evidence that clients and/or residents are participating in a program which provides supportive services on an ongoing basis. Evidence of the required supportive services can be presented with a contract for the services, on-site staff with professional credentials or with appropriate licenses. Management shall also provide evidence of clients and/or residents participating in such services.

D.

Management Plan. For multi-family developments, a management plan shall be provided that describes how the development meets the development standards for the zoning district in which it is located.

(Ord. No. 14-223, § I, 5-20-2014)

17.81.140 - Transitional housing.

A.

Purpose. The purpose of this section is to comply with California Government Code Sections 65582 and 65583 which define transitional housing development and identify transitional housing development as a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

B.

Zoning District. Transitional housing is allowed in zoning districts where other residential uses are allowed under the same development standards and requirements of the applicable zoning district. Transitional housing with six or fewer residents is recognized as single-family residential and shall be allowed only in zoning districts in which other single-family residential uses are allowed as permitted uses. Transitional housing with seven or more residents shall be recognized as multi-family residences and shall be allowed only in zoning districts in which other multi-family residential uses are allowed as permitted uses or as uses requiring a use permit.

C.

Transitional Units. Transitional units shall be available for a minimum of six months and a maximum of two years. Evidence of the transitional nature of the program shall be provided through provision of a management plan that outlines the transition period and programs to assist clients and/or residents in making a transition to permanent housing.

(Ord. No. 14-223, § I, 5-20-2014)

A.

Purpose. California Government Code Section 65589.7 requires local jurisdictions to provide for priority use for water and sewer connections for affordable housing. This section provides for findings and a process for the prioritization.

B.

Priority. The City of Shasta Lake (city) shall grant priority to affordable housing projects when allocating water and sewer allocations at the time of discretionary or ministerial approvals applicable to the development.

C.

Development Review. The city will prohibit denial or conditioning of affordable housing developments with regard to those services unless the findings in Section 17.81.150(E) are made. The review is exempt from the California Environmental Quality Act (CEQA).

D.

Urban Water Management Plan. The city's urban water management plan shall include projected water use for single and multi-family housing needed for lower income households.

E.

State Required Findings. Findings required for any denial or conditioning of an approval for water and sewer priority for affordable housing shall include one or more of the following:

1.

The city does not have sufficient water supply as defined in California Government Code Section 66473.7(a)(2), or is operating under a water shortage emergency as defined in California Water Code Section 350, or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed development, as demonstrated by a written engineering analysis and report.

2.

The city is subject to a compliance order issued by the state department of health services that prohibits new water connections.

3.

The city does not have sufficient sewer treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development.

4.

The city is under an order issued by a regional water quality control board that prohibits new sewer connections.

5.

The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the city, including, but not limited to, the

requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to California Government Code Section 66013.

(Ord. No. 14-223, § I, 5-20-2014)

17.81.170 - Ministerial approval of a two-unit housing development within single-family zone districts.

A.

The development services director shall ministerially approve a total of two residential units on a legally created parcel within single-family residential zoning districts if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all objective zoning standards and objective design review standards in the Municipal Code.

B.

Notwithstanding Paragraph A, the development services director may deny a housing development project proposed under this section if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment. Grounds for denial include:

1.

Roads.

a.

The project is served by a street that does not meet minimum design standards of the city or other responsible agencies.

b.

The street that serves the project site exceeds standards for dead end road lengths.

2.

Location. The project site is located within the Very High Fire Severity Zone and all structures, existing and new, and vegetation do not comply with the following standards:

a.

The property shall conform to all California defensible space and vegetation management laws.

b.

All New structures shall be built to (WUI) Wildland Urban Interface and/or (VHFHSZ) Very High Fire Hazard Severity Zone requirements according to current mapping. Existing structures that do not conform with WUI requirements shall retrofit all roofing, exterior coverings, windows, and decking with noncombustible and ignition-resistant materials to meet performance requirements of the California Referenced Standards

Code Title 24, Part 12. All other openings into the building shall be retrofitted with approved ember resistant vents or similar.

3.

Utilities.

a.

The project site is in an area not served by the municipal wastewater collection system and cannot comply with applicable Shasta County environmental health requirements for onsite waste disposal (septic systems).

b.

Public utilities are not available/sufficient to serve the site.

4.

Environment.

a.

The project would have a specific adverse impact upon the environment that cannot be mitigated without discretion/offsite improvements.

C.

Application and Fees. An application on a form made available by the city shall be completed by the applicant. The form shall be accompanied by the applicable building permit application fee. The application shall be accompanied by all technical reports, plans and information required to decide on the proposed project.

D.

Construction of an accessory dwelling unit shall constitute a second unit as described in Government Code Section 65852.21.

E.

Demolition. Existing structures on a project site may be completely demolished.

F.

Yards. The following yard requirements apply:

1.

Front, as described in the subject zoning district.

Rear and side, four feet.

G.

Parking. One off-street parking space per unit shall be provided unless the project is located within one-half mile walking distance of either a high-quality transit corridor, or there is a car share vehicle located within one block of the parcel.

H.

Term. Rental of any unit created pursuant to Government Code Section 65852.21 shall be for a term longer than thirty (30) days.

(Ord. No. 22-292, § II, 3-1-2022)

Chapter 17.82 - Medical Marijuana Collectives/Cooperatives[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 12-224, § 2, adopted Feb. 21, 2012, repealed former Ch. 17.82, §§ 17.82.010— 17.82.140, and enacted a new Ch. 17.82 as set out herein. Former Ch. 17.82 pertained to the same subject matter and derived from Ord. No. 10-209, § 2, adopted Jan. 5, 2010 and Ord. No. 11-217, adopted Jan. 18, 2011.

It is the purpose and intent of this chapter to regulate the locations and operations of medical marijuana collectives/cooperatives in order to promote the health, safety, and general welfare of residents and businesses within the city. It is neither the intent nor the effect of this chapter to condone or legitimize the use or possession of marijuana except as allowed by California law.

(Ord. No. 12-224, § 2, 2-21-2012)

For the purpose of this chapter, the following words and phrases shall have the following meanings:

A.

Drug paraphernalia. As defined in California Health and Safety Code Section 11364.5, and as may be amended from time to time.

B.

Identification card. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

C.

Medical marijuana collectives and cooperatives.

1.

Collective or cooperative shall be as defined by California statute or determined by case law and may include any facility or location where the primary purpose is to dispense medical marijuana that has been recommended by a physician, and where medical marijuana is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with California Health and Safety Code Section 11362.5 et seq. A collective or cooperative shall not include dispensing by primary caregivers to qualified patients in the following locations, so long as the location of the clinic, health care facility, hospice, or residential care facility is otherwise permitted by the Shasta Lake Municipal Code or by applicable state laws:

a.

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

b.

A health care facility licensed pursuant to Chapter Two of Division 2 of the California Health and Safety Code;

c.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

d.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;

e.

A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code; provided that any such clinic, health care facility, hospice or residential care facility complies with applicable laws, including, but not limited to, Health and Safety Code Section 11362.5.

D.

Person. An individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.

E.

Person with an identification card. As set forth in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

F.

Physician. A licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code.

G.

Primary caregiver. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

H.

Qualified patient. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

I.

School. An institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education for persons under the age of eighteen (18) years, whether public or private.

J.

Storefront. A store or other commercial building at ground level that has frontage on a public street.

(Ord. No. 12-224, § 2, 2-21-2012)

17.82.030 - Sales tax liability.

An owner/operator of a collective or cooperative shall be required to apply for and obtain a seller's permit, as required by the State Board of Equalization.

(Ord. No. 12-224, § 2, 2-21-2012)

17.82.040 - Allowable zoning/locations.

A.

Allowable Zoning for Collectives/Cooperatives. A collective or cooperative may be located within the Community Commercial (C-2) zone district on State Route 151 (SR 151) between the Ashby Road and Cascade Boulevard.

A collective or cooperative may be located within the Village Commercial (VC) zone district on properties abutting SR 151.

B.

Storefront Locations. A collective or cooperative shall be located only in a visible store-front type location which provides good public views of the collective/cooperative entrance, its windows, and the entrance to the collective/cooperative premises from a public street.

C.

Areas Where Collectives/Cooperatives are not Allowed. Notwithstanding subparagraph (A) above, a collective or cooperative shall not be allowed in the following locations or zones:

1.

On a parcel located within one thousand (1,000) feet of a school when on the same side of the street of SR 151 and at least six hundred (600) feet when on the opposite side of SR 151; or

2.

On a parcel located within one thousand (1,000) feet of a day care center, day care home, recreation center, youth center, library or a public park when on the same side of the street of SR 151 and at least five hundred (500) feet when on the opposite side of SR 151; or

3.

On a parcel located within nine hundred (900) feet of another collective or cooperative.

D.

Locational Measurements. The distance between a collective or cooperative and the above-listed uses shall be made in a straight line from any parcel line of the real property on which the collective or cooperative is located to the parcel line of the real property on which the facility, building, or structure, or portion of the building or structure, in which the above-listed use occurs or is located.

(Ord. No. 12-224, § 2, 2-21-2012; Ord. No. 16-245, § 3, 4-19-2016)

Collective/cooperative operations shall be maintained only in compliance with the following day-to-day operational standards:

A.

Criminal History. A collective/cooperative owner/operator, his or her agent or employees, volunteer workers, or any person exercising managerial authority over a collective/cooperative on behalf of the owner/operator shall not have been convicted of or be on probation or parole for the sale or distribution of a controlled substance.

B.

Minors. It is unlawful for any collective/cooperative, owner/operator, or other person in charge of any collective/cooperative to employ any person who is not at least eighteen (18) years of age. Persons under the age of eighteen (18) shall not be allowed on the premises of a collective/cooperative unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. The entrance to a collective/cooperative shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.

C.

Collective/Cooperative Access. The following restrictions shall apply to all collectives/cooperatives:

1.

The entrance area of the collective/cooperative building shall be strictly controlled. A viewer or video camera shall be installed in the door that allows maximum angle of view of the exterior entrance.

2.

Only primary caregivers and qualified patients shall be allowed in the designated dispensing area along with collective/cooperative personnel.

D.

Collective/Cooperative Operations. The following restrictions shall apply to all operations by a collective/cooperative:

1.

Floor Layout. A collective/cooperative shall have a lobby waiting area at the entrance to the collective/cooperative to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.

2.

Storage. A collective/cooperative shall have suitable locked storage on site, for after-hours storage of medical marijuana.

3.

Security. A collective/cooperative shall provide adequate security on the premises, including provisions for adequate lighting and alarms, in order to ensure the safety of persons and to protect the premises from theft.

4.

Security Cameras. Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. Security video shall be maintained for a period of not less than seventy-two (72) hours.

5.

Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the collective/cooperative at all times.

6.

A collective/cooperative shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to California Health and Safety Code Section 11362.5 et seq.

7.

Odors Control. A collective/cooperative shall have an air treatment system that ensures off-site odors shall not result.

8.

Operating Hours. A collective/cooperative may operate seven (7) days per week between the hours of 8:00 a.m. to 8:00 p.m.

9.

A collective/cooperative shall dispense only to qualified patients or primary caregivers with a currently valid physician's recommendation in compliance with the criteria in California Health and Safety Code Section 11362.5 et seq. Collectives/cooperatives shall require such persons to provide valid official identification, such as a department of motor vehicles driver's license or State Identification Card.

10.

Prior to dispensing medical marijuana, the collective/cooperative shall obtain a verification from the recommending physician's office personnel that the individual requesting medical marijuana is or remains a qualified patient pursuant to California Health and Safety Code Section 11362.5 et seq.

11.

A collective/cooperative shall not have a physician on-site to evaluate patients and/or provide a recommendation for the use of medical marijuana.

12.

No person shall maintain, use, or operate a vending machine on the premises which dispenses marijuana to a qualified patient or primary caregiver.

E.

Consumption Restrictions. The following medical marijuana consumption restrictions shall apply to all collectives and cooperatives:

1.

Marijuana shall not be smoked, ingested or otherwise consumed by any individual on the premises of the collective/cooperative. The term "premises" includes the actual building, as well as any accessory structures, parking lot or parking areas, or other surroundings within two hundred (200) feet of the collective/cooperative's entrance.

Collective/cooperative operations shall not result in illegal re-distribution of medical marijuana or any controlled substance obtained from the collective/cooperative, or use or distribution in any manner which violates state law.

F.

Retail Sales and Cultivation.

1.

No marijuana shall be cultivated on the premises of the collective/cooperative, except in compliance with Health and Safety Code Section 11362.5 et seq.

2.

A collective/cooperative shall acquire medical marijuana only from their constituent members, because only marijuana grown by a qualified patient or his/her primary caregiver may lawfully be transported by, or distributed to, other members of a collective or cooperative.

3.

A collective/cooperative shall not cultivate, distribute or sell medical marijuana for a profit.

4.

A collective/cooperative shall not sell or display any drug paraphernalia or any implement that may be used to administer medical marijuana with the exception of:

a.

Pipes. For purposes of this section, "pipe" shall mean a small, hand-held burning device that holds a burning, dried marijuana leaf in a small cup at one end, while user uses lips to draw smoke through a small cylinder attached to the side of the bowl.

b.

Rolling papers: For purposes of this section, "rolling paper" shall mean small sheets, rolls, or leaves of paper for rolling one's own cigarettes.

5.

A collective cooperative shall not conduct or engage in the commercial sale, trade, barter, exchange or provision of any product, good or service other than medical marijuana pursuant to the terms and conditions consistent with this chapter and applicable law.

6.

A collective/cooperative shall comply with all the operating criteria for the dispensing of medical marijuana as is required pursuant to California Health and Safety Code Section 11362.5 et seq.

G.

Reserved.

H.

Collective/Cooperative Signage and Notices.

1.

A notice shall be clearly and legibly posted in the collective/cooperative indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the collective/cooperative is prohibited.

2.

Signs on the premises shall not obstruct the entrance or windows.

3.

Address identification shall comply with local fire protection district address sign requirements.

4.

Business identification signage shall comply with Shasta Lake Municipal Code Section 17.84.050 and shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall not exceed six square feet or ten percent of the window area, whichever is less.

I.

Employee Records. Each owner/operator of a collective/cooperative shall maintain a current register of the names of all volunteers and employees currently working at or employed by the collective/cooperative, and shall disclose such registration for inspection by any city officer or official, but only for the purposes of determining compliance with the requirements of this chapter.

J.

Patient Records. A collective/cooperative shall maintain confidential health care records of all patients and primary caregivers using only the identification card number issued by the county, or its agent, pursuant to California Health and Safety Code Section 11362.71 et seq., as a protection of the confidentiality of the cardholders, or a copy of the written recommendation from a physician stating the need for medical marijuana under California Health and Safety Code Section 11362.5 et seq.

K.

Staff Training. Collective/cooperative staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and properly trained or professionally-hired security personnel.

L.

Site Management.

The owner/operator of the establishment shall take all necessary steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the subject collective/cooperative.

2.

The owner/operator of the establishment shall take all necessary steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.

3.

The owner/operator of the establishment shall provide patients with a list of the rules and regulations governing medical marijuana use and consumption within the city.

M.

Trash, Litter, Graffiti.

1.

The owner/operator shall clear the sidewalks adjoining the premises plus ten feet beyond property lines along the street, as well as any parking lots under the control of the operator, as needed to control litter, debris and trash.

2.

The owner/operator shall remove all graffiti from the premises and parking lots under the control of the operator within twenty-four (24) hours of its application.

N.

Compliance with Other Requirements. The collective/cooperative operator shall comply with all provisions of all local, state or federal laws, regulations or orders.

O.

Alcoholic Beverages. No collective/cooperative shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.

P.

Parking Requirements. Collectives and cooperatives shall be considered general retail (enclosed) uses relative to the parking requirements imposed by Shasta Lake Municipal Code Section 17.86.140.

Q.

Inspection Authority. City of Shasta Lake Development Services Department staff may inspect every medical marijuana collective/cooperative at any time during regular business hours to ensure compliance

with the provisions of this chapter.

(Ord. No. 12-224, § 2, 2-21-2012)

A.

Those collectives/cooperatives which were authorized by the city prior to the date of the adoption of the ordinance enacting this chapter shall be deemed pre-existing legal uses of real property upon which they are situated.

B.

The collective/cooperative shall be subject to the requirements for nonconforming uses of Shasta Lake Municipal Code Chapter 17.90.

(Ord. No. 12-224, § 2, 2-21-2012)

Chapter 17.84 - GENERAL DEVELOPMENT STANDARDS

17.84.005 - Design and architectural objectives.

A.

Purpose and Use.

The purpose of this chapter is to define general design objectives for new commercial, industrial, residential, and public development projects, in order to assist site planners and designers in understanding the city's basic design expectations for on-site development. These guidelines should also be applied as feasible to enhance existing structures or site conditions. The intent is to enhance the community's overall value and appearance, and to achieve well-designed projects that complement the small-town feel of the community and its heritage. In addition, these design objectives are intended to:

1.

Encourage originality, flexibility, innovation in site planning and development, including the architecture, landscaping and design of proposed developments in relation to the city as a whole and/or surrounding areas.

2.

Discourage monotonous, drab, unsightly, dreary and inharmonious developments, minimize discordant and unsightly surroundings and visual blight, and avoid inappropriate and poor quality design.

3.

Aid in assuring that structures, signs and other improvements are properly related to their sites and the surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and

landscaping and that proper attention is given to exterior appearances of structures, signs and other improvements.

These objectives shall be considered during the design and review of development proposals, and are to be used in conjunction with other applicable zoning development standards, ordinances and/or special development requirements. In the event that a general design objective conflicts with a specific standard of other ordinances or codes, the specific standard shall prevail.

The design criteria established in this section are not intended to be rigid or restrict creative solutions. 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 this chapter.

B.

Site Design Objectives.

1.

Sites should be developed in a coordinated manner to complement adjacent structures through placement, architecture, colors and size/mass.

2.

Whenever possible, buildings on the same site should be clustered and incorporate plazas, court-yards, pocket parks and other pedestrian use areas.

3.

Sites should be designed to avoid the appearance of domination by automobiles. Positive methods to achieve this concept include:

a.

Orienting buildings to fronting streets and placing parking at the rear and/or sides;

b.

Designing the required parking area into smaller, discrete, connected lots rather than large, single-use lots;

c.

Providing well-defined pedestrian walkways through parking areas and from public sidewalks into the site. Well-defined walkways use pavers, changes in color, texture and composition of paving materials and vertical plantings such as trees and shrubs. The minimum width of walkways shall be five feet.

d.

Parking areas shall be designed to be partially screened from view from adjacent streets and building occupants. Screening can be accomplished through a number of methods, including:

i.

Orienting buildings away from parking areas;

ii.

Placing buildings between streets and parking lots;

iii.

Using extensive landscape screening, beams, and architecturally treated walls.

4.

Sites shall incorporate transit-compatible designs where appropriate. Transit compatibility means designs that are pedestrian oriented, provide safe and convenient access to transit facilities, and foster efficient transit service.

5.

Where appropriate, site plans shall be designed to provide vehicle and pedestrian connections with adjacent sites.

6.

All utility lines should be placed underground onsite and along street frontages.

7.

Phased projects shall be designed to the greatest degree possible so that each phase, in and of itself, is complete in its functional, traffic, parking, visual, drainage and landscaping aspects.

C.

Building Design Objectives.

1.

No single architectural style is required. How-ever, design themes that reflect the city's small-town atmosphere, and its natural resource and recreation-based heritage, are preferred. Such design themes typically include use of stone, heavy timbers, other natural appearing materials and colors in the building, and overall site design. Building accents which relate to the community's origin in the late 1930's and 1940's are also encouraged. Reliance on or use of standardized "corporate or franchise" design prototypes that are more representative of typical urban development is strongly discouraged.

2.

Buildings should reflect an individual design that has considered site location, conditions, and surrounding development. Building design should pro-vide a sense of permanence and timelessness. High quality construction and materials should be used to ensure that buildings will not look dated or worn down over time. Building designs should reflect an individual style and form and not merely current trends.

A consistent visual identity shall be applied to all sides of buildings visible to the general public. In these areas, all building sides shall have an equivalent level of quality of materials, detailing and window placement. Abrupt ending of architectural details shall be avoided with no radical change in details or features or materials.

4.

Long blank walls are to be avoided. Positive methods to achieve this objective include change in colors and materials, placement of windows, use of awnings and canopies, and architectural details and features such as corners, setbacks, and offsets. Windows at ground level may be tinted; however, mirrored windows are not allowed. Reflective roofing is not allowed.

5.

Buildings facing streets shall incorporate pedestrian scaled entrances. Pedestrian scaled en-trances are those that provide an expression of human activity or use in relation to building size. Doors, windows, entrances and other features should be designed to respond to the size of the human body and not give the appearance of anonymity or over-whelming the building's users.

6.

Modulation (defined as a measured setback or offset in a building face) shall be incorporated to re-duce overall bulk and mass of buildings. The planes of exterior walls should not run in one continuous direction more than fifty (50) to sixty (60) feet without an offset or setback.

7.

Large buildings should have height variations to give the appearance of distinct elements.

8.

Building design and/or facade shall incorporate traditional building materials such as masonry, stone, heavy timbers, brick and other natural appearing materials.

9.

Building colors and roof materials should accent, blend with, or complement surroundings. Bright or brilliant colors should be reserved for trim and accents.

10.

Existing buildings that have faded exterior color(s), and/or that have generally a worn or weathered appearance, should be repainted prior to establishment of any new uses.

11.

Landscape areas or planting beds should be provided around perimeters to separate buildings from surrounding pavement areas.

Outdoor storage areas, mechanical equipment, utility vaults, and trash receptacles must not be visible from adjacent streets and pedestrian walkways.

13.

Outdoor mechanical equipment shall be appropriately screened from view and to minimize noise. The method of screening shall be architecturally integrated with the building with respect to materials, color, shape and size.

14.

Site services should be located on the least visible side of a building or site or within interior building spaces.

15.

Ground level outdoor enclosures shall be composed of materials similar to the main structure.

16.

Materials used for site features such as fences, screen walls, and signs should be appropriate to the zone district where the development is located and should complement building design through materials, color, shape, and size.

17.

Developments should provide transition with adjacent uses especially regarding building location, size and scale. No single building or development should dominate adjacent uses in terms of size, bulk, view blockage, or shading.

D.

Sign Objectives.

1.

Building Signs.

a.

Individual letters rather than cabinet signs are preferred.

b.

Backlit individual letters are a preferred alternative.

c.

Signs should be compatible in scale and proportion with building design and other signs.

d.

A specific sign program or concept should be designed for multiple tenant buildings or complexes. Color and letter style shall be coordinated when businesses share the same building and consistent sign patterns (placement on buildings) shall be utilized.

e.

Exposed neon tubes are acceptable for non-letter sign elements but are discouraged for letters.

2.

Freestanding Signs.

a.

Freestanding signs should provide only name and address of the building and/or building tenants.

b.

Project landscaping should be designed to incorporate freestanding signs.

E.

Landscaping Objectives

1.

Provide unity of design through repetition of plants and coordination with adjacent developments.

2.

Landscape materials should be hardy species that are adaptable to local conditions, easily maintained, and drought tolerant. Use of native plants is strongly encouraged.

3.

The design for parking areas shall include deciduous and evergreen trees to provide shade and break up expanses of asphalt.

4.

Landscape islands or medians shall have no dimension narrower than four to five feet.

5.

Interior landscaping is required for parking lots containing ten or more spaces at a ratio of twenty (20) square feet of landscape area for every one hundred (100) square feet of parking area. All landscaped areas should be protected by wheelstops or curbing, or be of sufficient width to prevent damage to plants by overhanging vehicles.

6.

Existing vegetation should be incorporated into overall site design.

7.

Landscaped areas shall be irrigated by mechanical sprinkler systems. Reclaimed water should be used in the irrigation system if practicable.

8.

Required perimeter setback areas shall be densely landscaped with a combination of trees and shrubs, which form a ninety (90) percent ground cover within three years of planting.

9.

Interior site landscaping is required to define pedestrian ways, enclose outdoor gathering and seating areas, and reduce building mass.

10.

Architectural features such as low walls, fountains and sculptures may be used in places where planting areas are limited or restricted.

11.

Project entrances should be enhanced through changes in paving materials such as brick payers, textured and colored concrete, providing entry structures and unity in planting of trees and shrubs.

12.

Individual trees along walkways and along sidewalks in the internal portions of projects should be planted in tree wells or planter boxes.

13.

Open stormwater detention facilities should be incorporated into project landscaping and open space where geographically feasible.

14.

Open stormwater detention facilities shall be landscaped and visually screened.

F.

Lighting Objectives

1.

Moving and flashing lights are prohibited.

Use cut-off lenses or hoods to prevent glare and light spill off project site onto adjacent properties, buildings and roadways.

3.

Lighting standards should be designed and sized to be compatible with the character of the development.

(Ord. 01-136 § 1)

(Ord. No. 21-290, § 3, 9-7-2021)

17.84.010 - Building sites.

The following general development standards apply to building sites in the city:

A.

Substandard Lot Sizes. A legally created lot that contains less area than is required by the applicable district and is not merged pursuant to the state Subdivision Map Act and/or local ordinance, shall be considered a building site if one of the following criteria is met:

1.

All other development standards of the district in which the lot is located and all other applicable city development standards, except lot size, are met; or

2.

A variance is approved for the building.

B.

Gross Versus Net Acreage. Building sites of two acres or more shall be determined by reference to gross acreage. Building sites of less than two acres shall be determined by reference to net acreage.

C.

Exception—Public Uses. The minimum building site required in any district shall not apply to lots created for a public use or public utility for which a use permit is required.

D.

Exception—Preexisting Residences. Lots containing two or more detached one-family residences or mobile homes may be divided into lots smaller than permitted by the district in which the property is located provided:

1.

All such habitable one-family residences or mobile homes were legally constructed or installed before January 10, 1984; and

2.

Each newly created parcel is occupied by at least one of the one-family residences or mobile homes; and

3.

Each newly created parcel meets all city development standards, except minimum building site.

(Ord. 97-99 § 1 (part))

A.

General. The regulations for yards shall apply in all districts unless different yards are shown on a recorded parcel map or final map. Except as otherwise provided herein, no building or structure shall be permitted within any required yard area.

B.

Measurement from Roads. Yards, except as otherwise provided herein, shall be measured from existing property lines, or road right-of-way lines if the property lines are within a road right-of-way, except that lots fronting on roads designated in the city general plan as either an arterial or collector shall meet one of the following ultimate right-of-way criteria:

1.

If a plan line has been established for any street, as provided for in Section 17.92.070 of this title, required yards shall be measured from such line.

2.

If no plan line exists, the yard shall extend from the centerline of the road and shall extend a distance equal to one-half the distance of the ultimate right-of-way, as designated in the general plan, plus the yard required by the appropriate district.

C.

Preexisting Buildings. Buildings which existed before the effective date of this chapter and which do not comply with all of the yard requirements of the district in which they are located or as provided in this chapter, may be enlarged or modified, provided the proposed modification or expansion conforms to all applicable yard, lot coverage and other permit requirements.

D.

Residential Main Buildings.

1.

Preexisting Lots. For preexisting lots in districts which permit residential and accessory uses and have a minimum building site of two acres or larger, the minimum building setback for lots that are smaller than

two net acres shall be as follows: (Note: city fire safety standards may require additional building setbacks for lots as small as one acre in size.)

a.

Front, twenty (20) feet;

b.

Side, twelve (12) feet on one side and five feet on the other side;

c.

Rear, ten feet.

2.

Architectural Features. Cornices, eaves, canopies and similar architectural features may extend into any required yard not more than two and one-half feet.

3.

Structural Appendages. Uncovered porches, stairways, fire escapes or landing places may extend into any required front or rear yard not more than six feet, and into any required side yard not more than three feet.

4.

Dwellings Facing Side Yards. A dwelling which is to be located with the main entrance facing any side property line shall have a minimum ten-foot side yard on the main entrance side.

5.

Corner/Key Lots. For corner/key lot situations, the required street side yard of the corner lot shall be as follows:

a.

Within twenty-five (25) feet of the side line of the key lot, the side yard shall be equal to the front yard required on the key lot; and

b.

Beyond twenty-five (25) feet on the side line of the key lot, the side yard shall be fifty (50) percent of the front yard required on the key lot.

6.

Flag Lots. Front yards on flag lots shall be located on either the side in which the property line is a continuation of the driveway lot line or the lot line nearest and perpendicular to the driveway.

E.

Residential Accessory Buildings.

1.

Distance from Main Buildings. Detached accessory buildings shall be at least six feet from the main buildings.

2.

Front Yard. Detached accessory buildings shall not encroach upon a front yard, unless otherwise provided for herein.

3.

Garages on Street Side Yards. If an attached or detached garage faces a street side yard, the minimum street side yard shall be twenty (20) feet.

4.

Agricultural Buildings. Where allowed, barns, stables, chicken houses and similar agricultural and residential accessory buildings that house animals shall not be closer than fifty (50) feet from the front property line or road right-of-way line, ten feet from side and rear property lines, and twenty (20) feet from any dwelling unit on the same or adjacent property.

5.

Nonliving Quarters. Accessory buildings not used for human habitation or the keeping of animals shall be at least five feet from the interior side lot line on the front half of the lot and one foot from an interior side lot line on the rear half of the lot, except interior residential lots in which a twelve-foot or wider side yard is required, no accessory buildings or structures which are subject to issuance of a building permit shall be permitted within one twelve-foot side yard for the front fifty (50) feet of that side yard. Said buildings shall be at least ten feet from the rear property line. On corner lots, accessory buildings and structures shall be at least ten feet from street side lot lines. The same standards shall apply to swimming pools with the exception that the setback from the rear property line may be reduced to five feet; however, under no circumstance shall an in-ground swimming pool be placed so near any property line that the vertical or lateral support of adjacent properties would be affected.

==> picture [456 x 591] intentionally omitted <==

6.

Exception—Topography. Notwithstanding any other provisions of this chapter, if the elevation of the front half of a lot at fifty (50) feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage, attached or detached, may be built to a minimum of five feet from the front line of the lot, if the lot is smaller than two acres.

(Ord. 97-99 § 1 (part); Ord. No. 19-275, § 2(Exh. A), 9-3-2019; Ord. No. 22-293, § II, 5-17-2022)

17.84.030 - Height limits—Exceptions.

The following general height regulations apply:

A.

Fences. The following shall apply, unless otherwise provided:

1.

The height of any fence, wall, hedge, screen, planting or other dividing structure placed, grown or maintained in any residential or commercial district shall not exceed three feet within any required front yard or within any side yard on the street side of a corner lot, except as provided in subsection (A)(3) of this section.

2.

The height of any fence, wall or other dividing structure placed in any residential district shall not exceed seven feet in any rear yard, or in any required side yard not subject to subsection A.1 of this section, except as provided in subsection A.3. A fence may exceed this height limit if a use permit is first secured.

3.

The height limits of this subsection do not apply to open wire fencing material used as a fence or dividing structure or placed atop any fence, wall or other dividing structure.

B.

Height Exceptions. The following exceptions apply to height regulations:

1.

Roof Structure. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, solar equipment or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, radio and television antennas or similar structures may be erected above the height limits specified in this title, but no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space.

2.

Slope. Where the average grade under any dwelling exceeds fifteen (15) percent, the maximum height limit shall be increased by fifteen (15) feet on the downhill side of the building.

3.

Transmission Lines. Height limitations provided in this title shall not apply to electric transmission lines or towers.

Use Permit. Except as otherwise provided in this section, any structure, building or fence in any district may be erected to a greater height or number of stories than the limit established for the district in which the structure is to be located, provided that a use permit is issued.

C.

Fire Safety. Whenever the lowest portion of the roof is greater than twenty (20) feet from the ground, roof access for fire safety shall be provided as required by the local fire authority.

(Ord. 97-99 § 1 (part); Ord. No. 19-275, § 2(Exh. D), 9-3-2019)

The following general landscaping requirements apply:

A.

Areas Requiring Landscaping.

1.

Parking Areas. Open parking areas containing five or more required vehicle spaces which abut a public street shall be landscaped to a depth of ten feet, measured from the abutting street right-of-way line, with openings for walkway and/or driveway purposes, in accordance with city standards.

2.

Large Parking Areas. Open parking areas, excluding underground or structural parking, which contain twenty (20) or more spaces, shall landscape a minimum of five percent of the gross lot area used for offstreet parking and access thereto, exclusive of any landscaped strip abutting the street right-of-way or area used for walkways or driveways. This required landscaping shall include one tree, of a species suited to the area climate zone, for every eight parking spaces.

3.

Parking Next to Residential Areas. A minimum three-foot-wide landscaped strip shall be planted and maintained along the edge of parking areas that abut residential districts. This shall be counted as a part of the five percent landscaped area described in subsection (A)(2) of this section, if applicable.

4.

Commercial Industrial and Multi-Family Yard Areas. For commercial, industrial or multifamily residential uses, required yards adjoining public streets shall be landscaped to a depth of ten feet.

5.

Adjacent to Freeways. A use in a commercial or industrial district whose side or rear yard abuts a freeway right-of-way shall have a ten-foot-wide screened landscaped area shall include trees planted on forty (40) feet on center spaces, with a minimum of three trees.

B.

Landscaping Materials. Required landscaping may consist of a combination of plant and nonplant material, provided no less than fifty (50) percent of the required landscaped area shall be living plant material, based on mature plant size.

C.

Watering. All required planted areas shall be served with adequate and permanent watering systems, except where native plants that do not need a watering system are used. All plants shall be maintained in a living condition.

D.

Border Materials. Except where abutting a sidewalk, all required landscaped areas shall be enclosed by either a concrete curb having a minimum height of six inches or a wooden frame constructed from materials such as railroad ties or other heavy lumber materials which measure no less than six inches in diameter.

E.

Maintenance. All required landscaped areas shall be maintained in a neat and clean condition.

F.

Sight Distance. In order to provide safe sight distance at driveways and street intersections, all plant material within a thirty (30) foot triangle at the intersection of streets, and a fifteen (15) foot triangle at the intersection of driveways and streets, shall be no more than two feet in height above the curb level, except for trees which are trimmed so that no branches extend lower than six feet above curb level.

G.

Exception. Any portion of this section may be modified if a use permit is obtained.

H.

Landscaping Plan. All landscaping required by this section shall be installed and maintained in accordance with a landscaping plan. The plan shall be submitted to and approved by the development services director or his or her designee prior to issuance of a building permit or use permit, and shall show the location, size and variety of all plantings, water supply and other pertinent improvements. This plan may be combined with a parking plan.

(Ord. 97-99 § 1 (part))

All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.

(Ord. 97-99 § 1 (part))

In addition to the sign requirements specified in individual districts, the following shall also apply:

A.

Under-Canopy Signs. In a shopping center, an under-canopy sign may be permitted for each business; provided it shall not exceed five feet in length or one foot in height. Under-canopy signs shall be located perpendicular to the face of the building under the canopy, and shall have an eight-foot clearance between the bottom of the sign and the sidewalk or other pedestrian way.

B.

Window Signs. Window signs may be permitted in any commercial or industrial district if the signs are place entirely within the building and do not cover more than twenty (20) percent of the window area of the ground floor. None shall be permitted above the ground floor.

C.

Gasoline Price Signs. Gasoline price signs shall be allowed on freestanding signs if made integral with the design of the freestanding sign.

D.

Sign Area. Sign area shall include the sum of the area enclosed within a geometric form or forms drawn around all writing, representations, emblems or designs on all surfaces of the sign which contain or is designed to contain the advertising.

E.

Color and Lighting.

1.

No blinking, flashing, rotating or animated signs, or signs that change color or intensity or emit odors, fluids, noise, smoke, etc., shall be permitted on the exterior of any building, except to display time, date or weather information.

2.

Lights used to illuminate signs or advertising structures shall be installed so as to concentrate the illumination on the sign or advertising structure and minimize glare or direct illumination upon a public street or adjacent property.

3.

No red, green or amber lights or illuminated signs may be placed in such positions that they could reasonably be expected to interfere with or be confused with an official traffic control device or traffic signal

or official directional guide signs.

F.

Placement on Buildings.

1.

Roof signs shall not be permitted in any zone.

2.

All building signs projecting more than twelve (12) inches from the building face, wall or canopy upon which it is displayed shall have at least eight feet of clearance between the sign and the ground.

G.

Locational Requirements.

1.

There shall be no lighted, freestanding sign within fifty (50) feet of a residential district.

2.

No sign shall be permitted in or over a public right-of-way or any driveway or walkway, except signs constructed on the face of a building that is located on the property line and parallel to such a right-of-way may project over such right-of-way a maximum of twelve (12) inches. Any such sign shall have a minimum vertical clearance of eight feet above such right-of-way, driveway or walkway.

H.

Exceptions. Exceptions may be made to the size, height, location and numbers of signs as specified in any district, or this section, if a use permit is issued. The burden of proof to justify an exception shall be on the applicant to demonstrate that practical difficulties or hardships would otherwise be caused, and the exception applied for is the most suitable and effective in relation to the location or terrain of the site or from the standpoint of the intended viewer.

I.

Electronic readerboard signs shall be allowed pursuant to the provisions of Section 17.88.095 of this title.

(Ord. 97-99 § 1 (part))

(Ord. No. 12-227, § 1(1), 8-7-2012)

Requirements for zone walls are as follows:

A.

Urban Areas. A use proposed in a commercial (C) or industrial (I) district that abuts an R-1, R-M, R-2, R-3 or MHP district, or a proposed multiple-family residential use that abuts an R-1 district, shall have a solid masonry concrete wall or planted berm six feet in height, constructed along the rear and/or interior side lot line, except for the twenty (20) feet nearest the front lot line, the wall or berm shall be only three feet high.

B.

Rural Areas. For a use proposed in a commercial (C) or industrial (I) district that abuts a resource district or an R-R or R-L district, or a proposed commercial or light industrial use in an MU district that abuts a resource or residential district, a screened cyclone fence may be substituted for the block wall or berm.

C.

Unclassified District. If a proposed commercial or industrial use or abutting property is in a U district, the criteria of subsections A and B shall be applied, as appropriate.

D.

Height Measurement and Location. The height of the wall, berm or fence shall be deter-mined by the vertical distance measured from the top of the wall, berm or fence to the lowest point within three feet of the wall, berm or fence on the commercial or industrial property. The wall, berm or fence shall be constructed on or immediately adjacent to the line dividing the residential and commercial or industrial properties.

E.

Exceptions. If a use permit is issued, exceptions to the zone wall regulations may be made, in whole or part, if it is found that there is a topographic or natural vegetative barrier that will serve to divide the potentially incompatible uses, or if there is a significant distance between the uses that will pro-vide the same buffering.

(Ord. 97-99 § 1 (part))

All new construction of residential, commercial or industrial buildings shall have primary access from an existing paved street. The standards for street construction and exceptions shall be as follows:

A.

General Requirements.

1.

If the street paving existed prior to the effective date of the ordinance codified in this title, the construction standard may be chip seal or asphalt paving. The existing road shall meet at mini-mum the fire safety standards.

If the street is paved after the effective date of the ordinance codified in this title, it shall be constructed to city development standards for paved streets.

3.

Development of any vacant parcel shall be served by a road that meets at minimum the fire safety standards.

B.

Exceptions.

1.

In lieu of paving, the city council may permit the developer to pay a dust mitigation fee. The amount of said dust mitigation fee to be determined by the city council.

A fund shall be established in the city treasury and all dust mitigation fees shall be deposited in said fund. Policies and procedures for expenditure of money in the fund shall be established by the city council. The funds shall be used for paving of city streets, including seed money needed to design and start assessment proceedings for the paving of streets.

2.

The owner shall sign a deferred improvement agreement by which the owner agrees to participate in an assessment district formed to provide a paved road. Said agreement shall be recorded and shall run with the land, and obligates any owner, heirs, successors, or assigns. When sixty (60) percent or more of the owners within a block have signed a deferred improvement agreement, the city council shall call up said agreements and require the paving of said road.

3.

Existing conforming and nonconforming residential structures which do not have frontage on a paved street may be replaced provided the new structure is not more than ten percent larger than the existing floor area and the property owner signs a deferred improvement agreement to participate in the paving at a future date as determined by the city council. Any dwelling replaced shall meet all other standards of the city code and shall comply with Sections 17.30.020A and B of this title. Any replaced structure larger than ten percent may be permitted provided the owner pays a dust mitigation fee as provided for in subsection A of this section.

4.

Conforming structures on parcels not fronting on a paved street may be enlarged up to ten percent of the existing floor area, and accessory buildings not exceeding five hundred (500) square feet may be constructed provided the owner signs a deferred improvement agreement to participate in the paving at a future date as determined by the city council. Any enlarged structure larger than ten percent may be permitted provided the owner pays a dust mitigation fee as provided for in subsection A of this section.

(Ord. 97-99 § 1 (part))

Manufactured homes are allowed in all zoning districts which permit one-family residences and shall be subject to the following development standards:

1.

All manufactured homes shall be placed on a permanent foundation system of state-approved design or a permanent foundation system designed by a licensed architect or structural engineer as required by Section 65852.3 of the State of California Government Code;

2.

The manufactured home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974;

3.

Manufactured homes placed on a foundation system shall not be older than ten years of age measured from the date of manufacture of the unit to the date of building permit application except that manufactured homes lawfully installed prior to the effective date of this ordinance which have been certified under the National Manufactured Home Construction and Safety Act of 1974 shall be exempt from the ten-year age standard;

4.

Manufactured homes shall provide parking in accordance with Section 17.30.060 and Chapter 17.86. The exterior wall covering and roof material of any required garage or carport shall be the same as those of the manufactured home;

5.

Requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space shall be subject to the same requirements as the zone in which the manufactured home is located;

6.

Exterior wall covering materials and roofing materials shall conform to the requirements of the State of California Department of Housing and Community Development (HCD) and the uniform building code for frame constructed dwellings. Exterior wall coverings shall extend (at a minimum) to the top of the perimeter foundation.

7.

A foundation enclosure shall be installed between the finish grade and the siding material. Add-on siding needed to extend the exterior siding to the foundation enclosure shall consist of materials similar to the main exterior siding. Venting per the uniform building code shall be required.

All roof and gable overhangs shall extend not less than six inches when measured horizontally from the wall. Roof and gable overhangs shall be manufactured or engineered and designed to appear as an integral part of the manufactured home;

9.

The roof of the manufactured home shall have a minimum pitch of not less than a nominal three inches of vertical rise for each twelve (12) inches of horizontal run;

10.

Roof design shall meet the snow load requirements of the city of Shasta Lake, and roofing materials shall meet the requirements of a Class A or B fire rating as defined by the currently adopted uniform building code.

11.

No ramada or other free-standing structure shall be allowed to be constructed over a manufactured home.

(Ord. 02-146 § 1)

Chapter 17.86 - OFF-STREET PARKING AND LOADING REGULATIONS

This chapter specifies off-street parking and loading spaces for all land uses. The following standards are intended to minimize street congestion and traffic hazards; provide safe and convenient access to residences, businesses, public services and places of public assembly; and make the appearance of parking areas aesthetically pleasing and compatible with surrounding land uses.

(Ord. 97-99 § 1 (part))

All uses shall be provided with regularly maintained off-street parking and loading facilities in accordance with the provisions of this chapter.

(Ord. 97-99 § 1 (part))

Every building or mobile home hereafter installed, constructed, enlarged or structurally altered and every use of property hereafter inaugurated or expanded, shall be required to provide off-street parking and loading facilities, as specified by this chapter. The spaces shall be improved and installed prior to final building inspection or occupancy. When justified, a deferral of the required parking improvements may be approved, as set forth in the city development standards. All required off-street parking and loading spaces shall be maintained in good condition for the duration of the use that they are intended to serve.

(Ord. 97-99 § 1 (part))

Required parking shall be located on the same lot or parcel as the use which the spaces serve, except as otherwise provided in this chapter.

(Ord. 97-99 § 1 (part))

The joint use of off-street parking areas may be authorized by use permit for the following uses or activities under the following conditions:

A.

The joint use of off-street parking for "nighttime" uses, such as theaters, bowling alleys, bars or restaurants, may be supplied by the parking area provided for "daytime" uses, such as banks, offices, retail and personal service establishments.

B.

Up to fifty (50) percent of the off-street parking for "daytime" uses may be supplied by the parking area provided by "nighttime" uses.

C.

Up to fifty (50) percent of the parking for churches or auditoriums may be supplied by the parking facilities provided by "daytime" uses.

D.

Parking in commercial or industrial zones may be located offsite, but must be located within five hundred (500) feet of the use which it serves.

E.

A use permit application for joint use of off-street parking shall contain information which will substantiate that there will be no conflict between the principal operating hours of the buildings or uses for which joint parking or off-street parking is proposed and that all other requirements of this section will be met. In addition, a conveyance or an agreement shall be signed by the affected landowners or their duly authorized agents guaranteeing that joint parking or off-street parking will be available for the use which it serves during the term of the permit. The agreement or conveyance shall be approved as to form by the city attorney, recorded with the county recorder and a copy submitted to the planning division, prior to issuance of the use permit.

(Ord. 97-99 § 1 (part))

Compact vehicle parking may be provided at the following rate:

(Ord. 97-99 § 1 (part))

Off-street parking spaces for one-family and two- family residences and residential accessory uses shall not be located in required front or street side yard areas. Off-street parking spaces for other uses may be located in front or street side yard areas, except in required landscape areas.

(Ord. 97-99 § 1 (part))

Interior side and rear yards may be used for vehicle parking and access, except in required landscape area.

(Ord. 97-99 § 1 (part))

Except in mobile home parks, or as provided by a use permit, tandem parking (parking where a car or cars have to be moved in order to allow a car to back from a parking space) shall count only as one parking space. To meet off-street parking requirements, each car must be able to enter and exit a parking space independently of the movement of any other vehicle.

(Ord. 97-99 § 1 (part))

For all uses required to provide five or more parking spaces, the parking areas and driveways shall be paved in accordance with city development standards unless modified or delayed by issuance of a use permit.

(Ord. 97-99 § 1 (part))

Except for a one-family or two-family residence and residential accessory uses, access to required parking spaces shall be designed in such a manner that vehicles leaving a parking space do not back directly onto any public street. Parking lots shall be designed and improved to prevent entrance or exit at any point other than designated driveways.

(Ord. 97-99 § 1 (part))

Loading space requirements are as follows:

A.

No building or part thereof having a floor area of ten thousand (10,000) square feet or more, which will be occupied by a hospital, institution, hotel, commercial or industrial use or other similar uses shall be erected, structurally altered or allowed to house a change in use unless at least one off-street parking space, plus one additional loading space for each additional twenty thousand (20,000) square feet of floor area is provided. On-site driveways and maneuvering areas may be used in lieu of providing off-street loading space, as long as maneuvering areas for delivery vehicles are provided.

B.

Each off-street loading space shall not be less than twelve (12) feet in width, thirty (30) feet long (exclusive of driveways and maneuvering areas), and if covered, a minimum of fifteen (15) feet high.

C.

A loading space which does not adjoin a street or alley shall have a minimum twenty (20) foot wide access.

D.

Loading space(s) shall be improved to the same standard as required for parking areas.

E.

No off-street loading space shall be closer than fifty (50) feet to any lot in a residential district unless the space is wholly within a building or enclosed on three sides by a wall not less than eight feet in height.

(Ord. 97-99 § 1 (part))

All parking required by this section shall be installed and maintained in accordance with a parking plan. The plan shall be submitted to and approved by the development services director or his or her designee prior to issuance of a building permit or use permit, and shall show the layout of the parking spaces, access, interior aisles and other pertinent improvements. This plan may be combined with a landscaping plan.

(Ord. 97-99 § 1 (part))

The following parking schedule applies in all zone districts. The required parking spaces are in addition to company operated vehicles. When computing the required number of off-street parking or loading spaces, a remaining fraction of one-half or more shall be deemed a whole unit of measurement; a remaining fraction of less than one-half will be disregarded.

A.

Parking Requirements.

Off-Street Parking

B.

Drive-Up Facilities. In addition to the required off-street parking, drive-up facilities shall provide twenty (20)

foot long stacking or vehicle reservoir spaces, in addition to the space where the service is being provided, in accordance with the following schedule:

Off-Street Parking

(Ord. 97-99 § 1 (part))

(Ord. No. 17-261, § 1, 8-15-2017)

Parking lot design and striping standards for this chapter are set out in Figures 17.86.150A and B.

(Ord. 97-99 § 1 (part))

Any portion of Sections 17.86.010 through 17.86.120 and Section 17.86.150 of this chapter may be modified for a particular use if a use permit is obtained. The approving body must find, based upon information submitted by the applicant, that the proposed modified arrangement and design will meet the intent of the parking regulations and will provide adequate parking or loading for the intended use. Exceptions to Section 17.86.140 of this chapter may be made if a use permit is first obtained, provided that the building or use existed prior to July 2, 1993, and does not conform to the off-street parking and loading provisions within this chapter and the approving body finds that it is not feasible, due to space constraints or other reasons, to provide the required parking and improvements. In approving an exception, the approving body may condition the permit to comply with the provisions of this chapter or part thereof within a reasonable time limit in addition to other appropriate conditions.

(Ord. 97-99 § 1 (part))

==> picture [396 x 444] intentionally omitted <==

==> picture [405 x 420] intentionally omitted <==

Chapter 17.88 - SPECIAL USES Article I. - Uses Permitted in All Districts

17.88.010 - Generally.

There are certain land uses that are an integral part of the city which, because of their reliance on the city's natural resource base, must necessarily operate where the resource is located. There are other types of uses which depend on varying geo-graphic conditions or locational requirements that do not fit within a standard zone district and, therefore, must be reviewed on a case-by-case basis. The uses described in Sections 17.88.020 through 17.88.110 of Article I of this chapter may be located in most or all districts, subject to the specified limitations and requirements, unless the use directly conflicts with a specific district regulation.

(Ord. 97-99 § 1 (part))

The exploration, extraction and processing of minerals, rock, sand, gravel, topsoil or steam for commercial purposes and accessory uses may be allowed, provided a use permit is issued in each case except that gravel crushing and asphalt and cement batch plans shall be located only in industrial (I) and mineral resource (MR) districts. The provisions of Chapter 18.04 of the Shasta County Code (Surface Mining and Reclamation Act) shall apply to all mineral extraction activities.

(Ord. 97-99 § 1 (part))

A.

Small hydropower facilities may be permitted with an approved administrative permit, if all of the following are met:

1.

The project is located in an EA, TP, TL, MR, F-1, M-L, M or PF district;

2.

The height of the diversion structure, the amount of water to be impounded by it and the electrical capability of the facility will qualify the project for an exemption from the licensing requirements administered by the Federal Energy Regulatory Commission;

3.

The level of mechanical noise generated by the facility, when measured at the property lines of the site on the CNEL scale, shall not exceed the higher of either 55 dBA higher than the ambient noise level on properties adjoining the project site;

4.

A grading plan is submitted to the planning division for review and approval by the department of public works. The plan shall include all provisions necessary to stabilize and revegetate all land temporarily or permanently disturbed by the construction and operation of the facility;

Security acceptable to the city has been filed by the owner or operator of the facility with the planning division to insure compliance with the requirements of subsection (A)(4) of this section. The amount of any security filed by the owner or operator of the facility with the Department of Fish and Game or the Regional Water Quality Control Board may be used to offset part or all of the security required under this subsection;

6.

The proposed project meets the requirements of the California Department of Fish and Game;

7.

The proposed project meets the requirements of the Regional Water Quality Control Board;

8.

The project sponsor receives the necessary license or exemption from the Federal Energy Regulatory Commission;

9.

The proposed project meets applicable requirements of the U.S. Fish and Wildlife Service;

10.

The project sponsor owns or has the concurrence of the property owner of the site on which the project will be located;

11.

If, in the course of development, any archaeological, historical or paleontological resources are uncovered, discovered or otherwise detected or observed, construction activities in the affected area shall cease and a qualified archaeologist shall be contracted to review the site and advise the city of the site's significance. If the findings are deemed significant by the environmental review officer, appropriate mitigation measures shall be required.

B.

If any of the above criteria are not met, the facility may be permitted if a use permit is issued for it.

(Ord. 97-99 § 1 (part))

Forest management activities, as described in the California Forest Practices Act, are permitted as long as the regulations of the Forest Practices Act, along with other applicable state regulations, are met.

(Ord. 97-99 § 1 (part))

Fish and wildlife enhancement projects are permitted as approved by the Department of Fish and Game.

(Ord. 97-99 § 1 (part))

Agricultural accessory buildings are permitted uses, provided the size of the property on which he building(s) is to be located meets the minimum acreage requirements for full-time agricultural operations.

(Ord. 97-99 § 1 (part))

Except in R-1, R-2, R-3, RM and MHP districts, circuses, carnivals, open air theaters, race tracks, boat races or similar uses involving temporary or intermittent assemblages of people, automobiles or boats and that do not involve permanent structural improvements, may be permitted if a use permit is issued in each case (not including fraternal or service groups), and it is determined that the proposal will not adversely impact surrounding properties.

(Ord. 97-99 § 1 (part))

Those types of outdoor advertising signs that qualify under Title 4, Chapter 6, Subchapter 4 of the California Administrative Code (Outdoor Advertising), including official signs and notices, public utility signs, service club and religious notices, and directional signs are permitted uses, except use permits must be issued for private directional signs. All of these signs may be located without regard to distances from other outdoor advertising signs. Outdoor advertising signs shall be subject to the requirements of Section 17.84.060 of this title.

(Ord. 97-99 § 1 (part))

For sale or lease signs are permitted uses provided that, for residential lots, there are not more than two signs per lot, each sign not exceeding six square feet in size, or for commercial or industrial lots, one sign not to exceed thirty-two (32) square feet in size. In addition to the on-site signs described above, if there are five or more lots for sale, one onsite and one offsite subdivision sign, each not to exceed thirty-two (32) square feet in size, are permitted.

(Ord. 97-99 § 1 (part))

A.

Purpose. The purpose of the electronic readerboard sign is to provide information on events, convey essential messages including emergency information, and communicate other noncommercial information to the public.

B.

Definitions. For purposes of this section, the following words and phrases shall have the following meanings:

1.

City shall mean the city of Shasta Lake.

2.

Electronic readerboard shall mean a sign structure which can be electronically changed without altering the face or the surface of the sign and intended to accommodate changeable short-term messages.

3.

Non-profit organization shall mean a corporation organized to provide religious, charitable, literary, educational, scientific, social, or other forms of public service that are exempt from federal income taxation under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code.

4.

Sign shall mean the electronic readerboard sign.

C.

Permit Requirements. An electronic readerboard shall be allowed pursuant to this section if an

administrative permit is issued by the development services director or his/her designee pursuant to SLMC Section 17.92.050. The administrative permit shall include terms and conditions under which the permit is issued.

D.

Allowable Locations. Notwithstanding the sign regulations specified for the individual zone district or SLMC Section 17.84.060, one readerboard sign may be located within the City Center (CC), Village Commercial (VC) or Community Commercial (C-2) Zone Districts on property abutting State Route 151 between the Union Pacific Railroad trestle and Cascade Boulevard.

E.

Use Limitations. The sign shall be used only to publicize the following activities. The sign shall not be used to advertise any commercial business or for-profit event or to endorse any specific candidate for political office or to support or oppose any ballot measure or proposition.

1.

City events and activities sponsored by non-profit organizations or local service clubs.

2.

Candidates night forums and general public announcements regarding voting dates and locations.

School events such as football games, graduations and reunions.

4.

Major community events that are co-sponsored (officially recognized, approved and/or subsidized) by the city or require downtown street closures, or held in city parks or facilities.

5.

Messages regarding youth sports league sign-ups occurring within the city.

6.

Messages regarding free meetings and events of general public interest sponsored by public agencies or legislators serving the city.

7.

Messages and alerts related to the city's emergency response system.

8.

Other messages found to be similar in nature as determined by the development services director or his/her designee.

F.

Development Standards.

1.

Maximum height shall be no more than fifteen (15) feet above grade.

2.

Maximum size of the entire sign face shall be no more than forty-eight (48) square feet per side.

3.

The sign may have no more than two faces.

4.

The sign shall be located in a landscaped area not less than twice the total area of the sign face.

5.

The sign shall not imitate or resemble any official traffic sign, signal or device.

6.

The sign shall be placed in a manner that will not adversely interfere with the visibility or functioning of traffic signs, signals or devices, or interfere with official signs, taking into consideration physical elements of the sign in relation to the surrounding area, such as physical obstruction, line of sight, brightness and visual obstruction or impairment issues.

7.

The sign shall be placed no closer than three hundred fifty (350) feet from a crosswalk across State Route 151.

8.

The sign shall display only static text in each of its display messages. No sign shall display animated text, graphics or video, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

9.

Each message shall be displayed for a minimum of four seconds unless a greater amount of time is set forth as recommended by the development services director in consultation with the California Department of Transportation (Caltrans).

10.

The transition or blank screen time between one display message and the next shall not exceed one second.

11.

Transition from one message to another message shall appear instantaneous as perceived by the human eye.

12.

To the extent feasible, each message shall be complete in itself and shall not continue on a subsequent sign message.

13.

Font size shall be determined by the development services director based on sight distance and the speed limit of the adjacent right-of-way.

14.

The sign shall be designed and placed to prevent light and glare from being visible to adjacent residential properties.

15.

The sign shall not emit light that could obstruct or impair the vision of any driver.

The sign shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light.

17.

The sign shall be turned off between 10:00 p.m. and 6:00 a.m. unless an exception is granted by the development services director or his/her designee for special circumstances, such as, but not limited to, providing emergency notifications or announcing early morning or late evening events.

18.

The sign shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

19.

The sign shall comply with all state requirements governing such uses, including but not limited to the California Vehicle Code.

20.

More restrictive or additional conditions of approval shall be included in the administrative permit as determined necessary by the development services director based on specific site conditions and consultation with applicable city departments and outside agencies.

21.

The development services director may make minor exceptions to the development standards included in this section if it is determined the revised standard meets the intent of this section.

G.

Maintenance Requirements. The administrative permit shall include the terms and conditions for ongoing operation and maintenance of the electronic readerboard.

(Ord. No. 12-227, § 1(2), 8-7-2012)

17.88.100 - Public uses and public utilities.

A.

Public uses and public utilities are permitted if a use permit is issued, provided the use is found to be compatible with, and will not adversely impact, surrounding land uses, except that public utility transmission lines, towers, distribution poles and lines, regardless of height, and gas pipelines are permitted uses.

B.

A use permit shall not be issued for a public use or utility in a resource district unless findings are made that there is not a reasonable alternative site outside of a resource district, and the impacts from the project on the resource land have been reduced to the lowest reasonable level.

(Ord. 97-99 § 1 (part))

Except in R-1, R-2, R-3, RM and MHP districts, airports, landing strips and heliports are permitted if a use permit is issued.

(Ord. 97-99 § 1 (part))

Temporary storage structures are intended to provide temporary storage of household goods on residential property and business specific goods on commercial or industrial used and/or zoned lands for a period not to exceed the life of the building permit. Such temporary structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A.

Permit Required. Placement of a temporary storage structure of any kind is subject to the following permitting requirements:

1.

Residential, Commercial, and Industrial Districts. Placement and use of a temporary storage structure on any site zoned for residential, commercial, or industrial uses shall only be permitted in conjunction with a valid building permit.

B.

Temporary Storage Standards. The following standards shall apply to all temporary storage structures:

1.

Location. Temporary storage structures or bulk solid waste containers shall not be located in required drive isles or where such structure creates a safety hazard for pedestrians or vehicles entering or exiting the site. No temporary storage structure shall be located on any property so as to interfere with traffic visibility as determined by the development services director or city engineer, and no temporary storage structure may be placed in the public right-of-way without issuance of an encroachment permit by the public works director. Location of the temporary storage container shall be approved by the development services director or designee and indicated on the site plan for the associated building permit.

2.

Number. There is allowed a maximum of one temporary storage structure per site. Use of additional structures may be approved by the development services director or designee.

Term of Use.

i.

The use of temporary storage structures as described in Subsection 17.88.120.A.1 shall be limited to the term of the valid building permit that has been issued for substantial construction. Such containers shall be removed within one week of the building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion on the property. Requests for extensions of time for use of temporary storage may be granted in writing by the development services director or designee, where it can be determined with certainty that such extension is necessary to support the reasonable completion of the project. In no case shall such extension(s) exceed one year.

4.

Bulk solid waste containers may also be used for the removal of miscellaneous waste without a demolition or building permit. In this case, the use of such containers shall be limited to no more than sixty (60) days in any calendar year and the containers shall comply with the location standards set forth in this section for temporary storage containers.

(Ord. No. 21-290, § 3, 9-7-2021)

Article II. - Uses Permitted with a Residence or in Selected Residential Districts

There are certain land uses which, because of their characteristics, are permitted in residential areas, provided they meet appropriate standards. The uses described in this article may be permitted in conjunction with residential uses, subject to the criteria and limitations specified herein. Affordable dwelling units are now found in Chapter 17.81.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

The uses described in Sections 17.88.140 through 17.88.250 of this article are permitted in conjunction with a residential use.

(Ord. 97-99 § 1 (part))

In any district which permits a residence, the following subordinate buildings or uses are also permitted, unless otherwise specified by a particular district; provided that in districts in which an administrative or use permit is required for a residence, the administrative or use permit is issued. This provision does not apply to accessory dwelling units (ADU) or any other buildings used for human habitation.

A.

Private garages, carports, residential accessory buildings and greenhouses as provided in this subsection.

1.

a.

An attached or detached private two-car garage or carport not exceeding five hundred fifty (550) square feet of floor area, plus

b.

One thousand (1,000) square feet of floor area in the same or separate garage or carport or in a residential accessory building(s) or greenhouses or a combination thereof. Any building under one hundred twenty (120) square feet of roof area is not considered a part of the one thousand (1,000) square foot total.

2.

Additional floor area that exceeds the totals in subsections (A)(1)(a) and (b) of this section may be permitted if an administrative permit is issued, subject to the provisions of Section 17.88.230.

3.

Lots that meet the criteria established for the use of agricultural accessory buildings, as described in Section 17.88.060, shall be exempt from the residential accessory building size criteria described in subsections (A)(1) and (2) of this section.

B.

Small day care home.

C.

Residential care facility.

D.

Chickens, turkeys, ducks, geese, rabbits or similar sized animals shall be permitted in any zone district provided they are kept in a clean and sanitary condition and the total number shall not exceed twenty-five (25) per one-half acre. Roosters over three months old shall not be permitted in the R-1 zone district.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

When the use of shipping containers is intended to be a permanent "accessory use" as defined in Section 17.02.620, such structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A.

Permits Required. Placement of a shipping container of any kind is subject to the following permitting requirements:

1.

Permanent use of shipping containers shall comply with applicable permitting requirements of the California Code of Regulations Title 24.

2.

Shipping containers located within a residential district are subject to the provisions of Section 17.88.140.

B.

Standards for Permanent Use of All Shipping Containers. In addition to site development standards of the applicable zone district and those cited within Chapter 17.84—General Design Standards, the following standards shall apply to the permanent use of all shipping containers:

1.

Shipping containers shall reflect the architectural design of the primary building. Methods to achieve this may include paint color, siding material, roof pitch, and fenestration, as determined by the development services director or designee.

2.

Setback requirements shall be those required for accessory buildings within the applicable zone district.

3.

Shipping containers placed within a residential district shall not be visible from public rights-of-way, except when such containers have been modified pursuant to Section 17.88.142.B.1.

(Ord. No. 21-290, § 3, 9-7-2021)

A.

Purpose. Garage sales or yard sales are permitted in a residential zone subject to the restrictions hereinafter set forth designed to protect the character of residential zones and the peace, privacy, safety and general public welfare of persons within such zones.

B.

Garage or Yard Sale Defined. A "garage, patio and yard sale" means a sale conducted by any occupant of a residence from any location on the premises in any kind of residential zone of personal property accumulated during the course of ordinary residential living by selling the same to the public. Premises of churches, charitable organizations, schools and other nonprofit organizations are not residences as defined

herein and expressly are not subject to the restrictions applicable to a garage, patio or yard sale defined herein.

C.

Restrictions. A garage, patio or yard sale as hereinabove defined may be conducted only as follows:

1.

No more than three sales may be conducted on the same property during any period of twelve (12) consecutive months.

2.

Each sale shall last no more than three consecutive days beginning each day no earlier than eight a.m. and ending no later than six p.m., and shall be held no sooner than ninety (90) calendar days after a prior sale.

3.

Only one sign advertising the sale is allowed and must be placed on the same property where the sale is being held. No signs on utility poles, traffic control devices, or in the public right-of-way are allowed. The sign can be double-faced, not larger than six square feet, and no higher than four feet. The sign may be placed up to twenty-four (24) hours prior to the sale, and shall be removed immediately following the sale.

4.

Personal property sold at a sale shall not include secondhand goods obtained for purposes of resale.

D.

Enforcement. The procedure for enforcement is as follows:

1.

Any person may submit a complaint to the development services director or his or her designee.

2.

The development services director or his or her designee shall investigate each complaint and, if warranted, issue a citation or refer the matter to the city attorney for filing of a complaint; provided, however, that the enforcement official shall give only a warning for a first violation of the provisions of this section.

(Ord. 04-161 § 1: Ord. 02-139 § 1)

In districts which do not list livestock as a permitted use, horses and private stables may be permitted subject to the approval of an administrative permit, if the following criteria are met:

A.

The minimum lot area upon which a horse may be kept is one acre and one horse may be kept for each one acre;

B.

Stables and paddocks shall be located not less than twenty (20) feet from the side or rear property lines, not less than fifty (50) feet from the front property line and not less than forty (40) feet from any dwelling on the same or adjacent property.

(Ord. 97-99 § 1 (part))

The development services director or his/her designee shall administer the requirements for home occupations in all residential zoning districts.

(Ord. No. 19-275, § 2(Exh. C), 9-3-2019)

The development services director or his/her designee shall administer the requirements for large day care homes in all residential zoning districts.

(Ord. No. 19-275, § 2(Exh. C), 9-3-2019)

17.88.160 - Temporary trailer.

Notwithstanding any other provisions of this article, a mobile home or travel trailer may be temporarily placed in any district for residential occupancy by the owner of the building site during construction of a one-family or two-family residence; provided the requirements of Section 16.04.110 of the Shasta County Code are met, and one-family or two-family residences are permitted in the district, or in districts in which a use permit is required for such a residence, the use permit is issued.

(Ord. 97-99 § 1 (part))

A residence or model home may be temporarily used as a development sales office, for the sale of onefamily residences and undeveloped lots in a new residential development, if it is located within the boundaries of the new residential development, and its use as a sales office ceases when all such residences and lots have been sold.

(Ord. 97-99 § 1 (part))

17.88.170 - Uses requiring an administrative permit in districts permitting a residence.

With an administrative permit, the uses described in Sections 17.88.220 through 17.88.250 of this chapter may be located in zone districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

Editor's note— Ord. No. 14-233 repealed former § 17.88.180 in its entirety which pertained to family care residences and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.190 in its entirety which pertained to senior citizen residences and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.200 in its entirety which pertained to guest houses and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.210 in its entirety which pertained to servant's quarters and derived from Ord. 97-99 § 1 (part).

17.88.220, 17.88.230 - Reserved.

Editor's note— Ord. No. 19-275, § 2(Exh. C), adopted Sept. 3, 2019, repealed §§ 17.88.220 and 17.88.230, which pertained to home occupation and large day care homes, and derived from Ord. 97-99, § 1 (part); and Ord. 98-106, § 1 (part).

A residential accessory building(s) that exceeds combined total of one thousand (1,000) square feet of floor area may be constructed on a lot in addition to a one-family residence, provided the building(s) shall not be used for human habitation or for any commercial purposes, unless otherwise provided in this division. This provision, signed by the applicant, shall be recorded prior to issuance of this permit.

(Ord. 97-99 § 1 (part))

A mobile home, in lieu of the first one-family residence, may be placed on a lot located in an unclassified (U) district, provided:

A.

The mobile home complies with all applicable provisions of the city development standards;

B.

Considering all relevant evidence on the character of existing residential uses in the vicinity, the effect of topographic and other natural features on the visibility of the mobile home from these uses, and the

distance between the proposed site of the mobile home and these uses, no substantially detrimental aesthetic impact will result from installation of the mobile home.

(Ord. 97-99 § 1 (part))

17.88.260 - Uses requiring use permit in districts permitting a residence.

If a use permit is issued, the uses described in Section 17.88.270 of this chapter may be located in districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 97-99 § 1 (part))

17.88.270 - Bed and breakfast guest facility.

A bed and breakfast guest facility may utilize a portion of a one-family residence, provided:

A.

If the lot is less than one acre, there shall be no more than two guest rooms. On lots over one acre, there shall not be more than four guest rooms;

B.

There shall be no more than two adults per guest room;

C.

The guest rooms may be in a detached accessory building if located in a district that permits guest houses. Such building shall be located behind the primary residence, shall not exceed twenty (20) feet in height (unless it is existing), and shall be architecturally compatible with the principal residence;

D.

Neither the principal residence nor the guest rooms shall be a mobile home;

E.

The owner shall occupy the primary residence;

F.

The guest rooms shall not have individual kitchen facilities;

G.

Meals shall be limited to overnight guests;

H.

One sign, not to exceed two square feet, shall be permitted;

I.

Separate bed and breakfast guest facilities shall not be within one thousand five hundred (1,500) feet driving distance of each other;

J.

Off-street parking shall be provided, as specified by Chapter 17.86 of this title. The parking area shall be located in an inconspicuous area and shall be surfaced to city standards;

K.

The facility shall not interfere with or adversely impact surrounding residential uses;

L.

No employees are permitted other than those residing in the dwelling unit;

M.

The requirements of the Division of Environmental Health shall be met.

(Ord. 97-99 § 1 (part))

17.88.271 - Logging contractor's yard.

A logging contractor's yard may be maintained provided:

A.

A use permit is obtained;

B.

The parcel size is at least five acres for logging contractor's yards established after the effective date of the ordinance codified in this title. Logging contractor's uses that existed prior to this section on smaller than five-acre parcels may continue with a use permit;

C.

The parcel is located at or above one thousand (1,000) foot elevation, mean sea level;

D.

All logging trucks and related heavy logging equipment are owned by the person or persons residing on the parcel;

E.

The parcel is not used as a truck terminal, truck yard, contractor's yard or other similar industrial or commercial use;

F.

A total of no more than five logging trucks are allowed. Related heavy logging equipment may also be allowed. The maximum number of trucks and pieces of equipment will be determined during the use permit process by the size and location of the parcel, the use's impact on surrounding roads, the visibility of the storage area to neighbors and the general public and the likelihood that smoke, dust, odors or fumes will interfere with the neighbor's use or enjoyment of their property;

G.

Noise levels at the boundary of the parcel shall not exceed sixty-five (65) dba to avoid excessive disturbance to neighboring properties;

H.

Motorized equipment and vehicles and pneumatic repair tools and equipment shall not be operated between the hours of ten p.m. and six a.m. provided, however, that this subsection shall not preclude the normal driving of the vehicles to and from the parcel;

I.

Logging trucks may be kept on the parcel year round. Related logging equipment may be stored on the parcel no more than a total of six months per year;

J.

The logging trucks and related heavy logging equipment shall not be stored or repaired within any required front or side yard setback area;

K.

There shall be no storage, service, maintenance or repair of any logging truck or related logging equipment not owned or leased by the person or persons residing on the parcel;

L.

No person shall be regularly employed on site for the purpose of maintaining any of the equipment or vehicles;

M.

The provisions of this section shall not apply to equipment and vehicles normally used in bona fide agricultural operations.

(Ord. 97-99 § 1 (part))

A.

Purpose. The purpose of this section is to establish an appropriate permitting process and standards for short-term rental of single-family dwellings and dwelling units located in the City of Shasta Lake; to provide

a visitor experience and accommodation as an alternative to the typical hotel, motel, and bed and breakfast accommodations customarily permitted in the city; to minimize potential negative secondary effects of short-term rental use on surrounding residents and neighborhoods; to retain the residential character of the neighborhoods in which any such use occurs; and to ensure the payment of required transient occupancy taxes.

B.

Definitions. For purposes of this section, the following short-term rental facilities are established:

1.

Hosted Homestay. An owner (or the primary occupant with the written permission of the owner) occupied single-family dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of less than thirty (30) days. Hosted homestays do not include the provision of meals prepared by the hosts for consumption on-site by guests.

2.

Vacation Rental. An entire dwelling unit where, for compensation, overnight accommodations are provided for a period of thirty (30) days or less, and the owner (or the primary occupant with the written permission of the owner) may or may not reside within the dwelling unit for the term of the rental.

C.

Short-Term Rental Permit Requirements. No person shall use, advertise, or market for use, any dwelling unit on any parcel in any zoning district for short-term rental purposes without first obtaining approval as required by this section. The provisions of this section apply to all existing and future short-term rentals as defined in this section. Existing short-term rental facilities shall either apply for, or obtain authority to operate, within sixty (60) days of the effective date of the ordinance from which this section is derived. The following approval process is established:

1.

Hosted Homestay and Vacation Rentals. Such use is permitted within all zoning districts subject to obtaining an administrative approval from the development services director or designee. Applicants shall be required to provide information determined necessary by the director, or designee, to establish compliance with this section and shall pay an application fee as may be established by resolution of the city council. Administrative permits for short-term rentals issued by the director or designee in accordance with the provisions of section 17.92.050, administrative permits, shall expire twelve (12) months from issuance unless renewed annually.

D.

Permitted Locations. The regulations of this section shall apply to short-term rentals within a legally established single-family dwelling in all zoning districts.

E.

General Requirements—Hosted Homestays and Vacation Rentals.

1.

No more than one dwelling unit on a lot may be used at any one time for rental purposes.

2.

A maximum of two rooms may be available for rent at any time within a hosted homestay.

3.

Occupancy shall be limited to a maximum of two adults plus one child per rented room.

4.

The property owner or the primary occupant with the written permission of the owner must always occupy the residence when rooms are being provided for rent within a hosted homestay.

5.

A minimum of one on-site parking space shall be provided for each room that is rented beyond three rooms. Guest parking spaces shall be within the primary driveway or other on-site location. External changes to a property including converting significant areas of front yard landscape for purposes of meeting parking requirements is not allowed.

6.

Short-term rentals shall comply with applicable building, health, fire and safety codes, including provision of working smoke and carbon monoxide detectors.

7.

The owner shall post emergency evacuation instructions and "house policies" inside the home in a common area accessible to all tenants. The house policies shall be included in the rental agreement and shall be enforced by the owner. At a minimum, the house policies must:

a.

Establish outdoor "quiet hours" between 10:00 p.m. and 7:00 a.m. to minimize disturbance to neighboring residences. Outdoor activities shall be prohibited during "quiet hours."

b.

Require that guest vehicles be parked on the premises, and further directing that on-street parking for periods in excess of four hours is prohibited in compliance with this section, except as may otherwise be allowed pursuant to section 17.88.275.F.2.c. of this Code.

c.

Provide notice that the property shall not be used to host non-property owner related weddings or other events involving the assembly of more than ten people.

8.

On-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental, is prohibited.

9.

A city business license shall be obtained, and transient occupancy taxes paid in accordance with chapter(s) 3.20 and 5.04 as applicable. All advertising for any short-term rental shall include the City of Shasta Lake transient occupancy tax number and the business license number, assigned to the owner-applicant. With submittal of transient occupancy taxes, the operator shall also submit a statement indicating the number of daily guest stays, and the number of guests for the reporting period.

10.

The short-term rental permit is not transferrable to a subsequent property owner or to another property.

11.

This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or the members of any homeowner's association, as defined, to comply with or enforce CC&Rs.

F.

General Requirements Vacation Rentals.

1.

With the exception of items 2 and 4 listed in section 17.88.275.E. above, the general requirements for hosted homestays shall apply to all vacation rentals as defined herein.

2.

The following additional provisions shall be applicable to vacation rentals. These provisions may be supplemented by additional requirements established by the development services director, or designee, as necessary to maintain compatibility of the use with surrounding properties.

a.

A vacation rental shall not be rented to multiple unrelated parties concurrently unless the owner (or the primary occupant with the written permission of the owner) is residing on the premises during the rental period, in which case the rental shall be limited to two unrelated parties.

b.

The owner/applicant shall keep on file with the city the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the vacation rental within sixty (60) minutes, if necessary. The name and contact information of the local contact person will be made available to the public.

c.

Depending on the physical nature of the property and surrounding properties, where full city street improvements exist, the director, or designee, may allow on-street guest parking not to exceed credit for one parking space as required by this section.

G.

Application Requirements. Where a permit is required by this section, applicants for a short-term rental use shall apply for a permit in accordance with the provisions of section 17.92.050, administrative permits, and shall pay the application fee established by resolution of the city council. In making a determination to approve, conditionally approve, or deny an application, the director or designee may consider factors,

including but not limited to, proximity of the property to other vacation rentals, bed and breakfast establishments, and neighborhood and site characteristics including but not limited to availability of adequate parking, potential for traffic impacts, and other factors which may adversely affect the general public and neighborhood welfare and/or safety.

H.

Permit Renewal. Holders of an administrative permit allowing for a short-term rental use shall apply annually for a renewal of the permit and shall pay the renewal fee established by resolution of the city council. In making a determination to approve, conditionally approve, or deny a renewal application, the director or designee may consider factors including but not limited to, prior complaints from neighbors and code enforcement activity, timeliness of business license renewal, timeliness of transient occupancy tax submittals, proximity of the property to other vacation rentals, proximity to bed and breakfast establishments, and other relevant neighborhood and site characteristics.

I.

Violations/Revocations. Enforcement of the provisions of this section may include the civil and equitable remedies as permitted by state law, the issuance of a citation and fine, or other legal remedy as provided by chapter 17.94 of this Code. Upon notification by the city, any short-term rental operating in violation of the requirements of this section must terminate operations immediately. Further, a permit issued under the authority of this section may be revoked in accordance with the procedures established in section 17.92.050.H.

(Ord. No. 20-282, § II(Att. A), 9-1-2020)

Article III. - Other Special Uses

The following requirements apply to storage of mobile homes and recreational vehicles as special uses;

A.

A mobile home shall not be placed on a lot until a mobile home installation permit is issued;

B.

A recreational vehicle may be stored on a lot provided it is not used for human habitation.

(Ord. 97-99 § 1 (part))

A.

Purpose. The city council finds that "adult entertainment" businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent concentration or clustering of these businesses in any one area. For the purposes of this section, the definitions set out in subsections B through D of this section apply.

B.

Adult Entertainment Businesses Defined. "Adult entertainment businesses" means any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult entertainment businesses" includes the following defined terms:

"Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depiction, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas."

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display "specific anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

C.

Specified Sexual Activities. "Specified sexual activities" includes the following:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship;

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

3.

Use of human or animal masturbation, sodomy, oral copulation, coitus or ejaculation;

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being;

Human excretion, urination, menstruation or vaginal or anal irrigation.

D.

Specified Anatomical Areas. "Specified anatomical areas" includes less than completely and opaquely covered:

1.

Mature human genitals;

2.

Mature human buttocks;

3.

Mature human female breast below a point immediately above the top of the areola;

4.

Human male genitals in a discernable turgid state, even if completely and opaquely covered.

E.

Regulation of Location.

1.

In those land use districts where the "adult entertainment" businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such "adult entertainment" business if the location is:

a.

Within five hundred (500) feet of any area zoned for residential use, or

b.

Within one thousand (1,000) feet of any other "adult entertainment" business, or

c.

Within one thousand (1,000) feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization or any establishment likely to be used by minors;

2.

The "establishment" of any "adult entertainment" business shall include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business location to any

"adult entertainment" business use.

F.

Waiver of Locational Provisions.

1.

Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this chapter. The planning commission, after a hearing, may waive any locational provision, if all of the following findings are made:

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed, and

b.

The proposed use will not enlarge or encourage the development of a "skid row" area, and

c.

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, and

d.

All applicable regulations of this code will be observed;

2.

The procedure for this hearing shall be the same as that provided in Section 17.92.020 of this title, with, among other matters, the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant.

(Ord. 97-99 § 1 (part))

Chapter 17.90 - NONCONFORMING USES, STRUCTURES, SITES AND PARCELS[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 19-278, § 2(Att. A), adopted Nov. 19, 2019, amended Ch. 17.90 in its entirety to read as herein set out. Former Ch. 17.90, §§ 17.90.010—17.90.050, pertained to nonconforming uses, and derived from Ord. No. 97-99 § 1 (part)).

This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites and parcels. Within zoning districts established by this code, there exist structures, land uses, site improvements, and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of nonconformities that have resulted in, or can be expected to result in, conflicts with surrounding uses, and to provide for their eventual elimination, while permitting certain nonconformities to exist under the limited conditions outlined in this chapter.

This chapter also recognizes that the investments made in developed property can be substantial and that provisions for the continuation or improvement of certain nonconforming uses or sites may be desirable, if it can be assured that the use of the property or structure does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned or underutilized structures cannot be used for their originally designed purposes.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

17.90.015 - Definitions and terms.

"Abandoned" means a use has ceased, or a structure has been vacated for a time period as specified in this chapter. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining or otherwise improving a facility.

"Intensity" means the measurable impacts which a use has on infrastructure, the environment or nearby property and uses. This includes but is not limited to increased impacts from/to traffic, water and air quality, noise, light and glare, and utilities.

"Intensification of use" means any change in mode or character of operations which is determined by the director as likely to result in a significant change of use, or new or increased impacts due to traffic generation, noise, smoke, glare, odors, hazardous materials, water or electrical use, and/or sewage generation, shall be considered an "intensification of use."

"Nonconforming parcel" means a parcel of record that does not comply with the access, area, depth or width requirements of the zoning district in which the parcel is located.

"Nonconforming site" means a site which contains a structure or other improvements which do not comply with the setback, lot coverage, or other site requirements and/or development requirements for parking, landscaping, storage and display areas, or other non-use restrictions or requirements established by the zoning ordinance or any amendments thereto, but which complied with the development standards in existence at the time of construction of the improvements.

r improvements which do not comply with the setback, lot coverage, or other site requirements and/or development requirements for parking, landscaping, storage and display areas, or other non-use restrictions or requirements established by the zoning ordinance or any amendments thereto, but which complied with the development standards in existence at the time of construction of the improvements.

"Nonconforming structure" means a structure which by its design and construction (e.g. an industrial building in a residential district) does not conform to the standards for structures typically associated with the underlying zoning district established by this title or any amendment thereto, but which complied with the development standards in existence at the time of the construction of the building or structure.

"Nonconforming use" means any use, whether of a building, structure, or parcel (lot or tract of land), which does not conform to the land-use regulations of this title for the zone in which such use is located, either on the effective date of this title or because of subsequent amendments which may be made to this title or by reason of annexation of territory to the city.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

17.90.020 - Nonconforming uses, changes in nonconforming uses, and limitations.

A.

Continuation. Legal nonconforming uses may be continued provided that such use shall not be materially modified or intensified or be expanded to occupy a greater area than that occupied by the use at the time it became nonconforming, unless a use permit is approved in accordance with Chapter 17.92 of this code.

B.

Change in Use. Uses in an existing commercial or industrial building of five thousand (5,000) square feet or less in size may be changed to a different non-conforming use provided that the new use is of the same or a less intensive nature, and provided that in each case an administrative permit has been granted in accordance with Chapter 17.92. Uses in an existing commercial or industrial building larger than five thousand (5,000) square feet in size may be changed to a different non-conforming use provided that the new use is of the same or a less intensive nature, and provided that in each case a use permit has been granted in accordance with Chapter 17.92. Uses may be changed without bringing the site into full compliance with the provisions of this code subject to the following requirements and findings:

1.

Any threat to public health and safety and any blighting conditions which are existing or would result from the change in use are corrected prior to occupancy.

2.

The approving authority may require existing nonconformances on the site to be improved where such nonconformances may have adverse impacts to adjacent properties or the public generally. Such nonconformities may include, but are not limited to, a lack of screening of mechanical or other equipment; a lack of noise barriers or insulation, a lack of fencing or required landscape; installation of curb, gutter or sidewalk; installation of paved parking and/or correction of other nonconformances. The approving authority may establish a schedule for elimination of the site development nonconformances which does not exceed twenty-four (24) months and may require financial securities be provided to insure such nonconformances are corrected.

3.

The approving authority may establish, subject to the required findings and conditions of the discretionary permit, those nonconformances that cannot be remedied because the location of existing structures or the configuration of the site make such improvements physically infeasible.

Exceptions. No use that involves the storage, use or generation of significant levels of hazardous materials, products or wastes, or which involve other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature.

C.

Abandoned. If a legal nonconforming use ceases for a continuous period of twelve (12) months or more, it may be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located unless a use permit is granted in accordance with Chapter 17.92 of this code.

D.

Damage or Destruction. Except as otherwise allowed pursuant to Section 17.090.020.B, if a legal structure associated with a nonconforming use is damaged by fire or other cataclysmic occurrence to an extent of more than fifty (50) percent of the replacement value thereof, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, unless a use permit has been granted in accordance with Chapter 17.92.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A.

Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered to increase the discrepancy between existing conditions and the development regulations of the zoning district in which it is located, unless an administrative permit is approved in accordance with Chapter 17.92 of this code.

B.

Abandoned. If a legal nonconforming structure remains vacant for a continuous period of twelve (12) months, it may be considered abandoned and shall thereafter be removed or converted to a conforming structure unless a use permit is granted in accordance with Chapter 17.92 of this code. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the director that during such period, the owner of the structure:

1.

Has been maintaining it and the property and did not intend to discontinue the use; and

2.

Has been actively marketing the structure for sale or use; or

Has been engaged in other activities evidencing an intent not to abandon the use.

Proof of use or occupancy of the structure may include business receipts, delivery receipt for reception of articles for the use at the location in question, rent or lease receipts, utility bills in the name of the legally operating nonconforming use, city business license receipt for the use at the location in question and other acceptable materials as determined by the approving authority.

C.

Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty (50) percent of the current replacement cost as verified by a written bid provided by a licensed contractor, it may not be restored except in full compliance with the regulations for the zone in which it is located, unless a use permit is granted in accordance with Chapter 17.92 of this code.

1.

Exceptions: See Section 17.90.060 (Residential structures in office, commercial or industrial zones) and Section 17.90.070 (Nonconforming multiple-family dwellings).

D.

Maintenance, Repairs and Rehabilitations. Ordinary maintenance and repairs may be made to any legal nonconforming structure where such structure is not abandoned as set forth in Section 17.090.30.B.

E.

A legally established nonconforming structure that has historic significance to the city may be utilized for its original intended use regardless of the land use designation of the property wherein it lies if a historic resource evaluation report has been prepared that confirms the historic significance of the structure, and subject to the planning commission's acceptance of the report and determination pursuant to a use permit that the reuse is compatible with surrounding land uses.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

17.90.040 - Nonconforming sites.

A.

Continuation. Legal uses on legal nonconforming sites may continue provided that if the use or a structure on the nonconforming site is enlarged, increased, or substantially intensified as determined by the director, it does not increase the level of nonconformity or introduce a new nonconformity.

B.

Abandoned. If the use of a legal nonconforming site ceases for a continuous period of twelve (12) months, it may be considered abandoned. The subsequent use of the land shall require site modifications to bring the site into conformance with the regulations specified by this title for the district in which the land is located, unless a use permit is granted as in accordance with Chapter 17.92 of this code.

C.

Damage or Destruction. If a legal structure on a legal nonconforming site is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty (50) percent of the replacement value thereof, the restoration of such structure and site shall be in full compliance with the requirements of this title unless a use permit is granted in accordance with Chapter 17.92 of this code; or for residential structures, the provisions of Section 17.90.060 (Residential structures in office, commercial or industrial zones) or Section 17.90.070 (Nonconforming multiple-family dwellings) of this chapter apply. The commission shall consider the request in light of existing neighborhood characteristics, including the prevalence of other similar nonconformities within five hundred (500) feet of the property.

D.

Change of Use on a Non-conforming Site. Uses may be changed to a different use on a nonconforming site provided that the new use is of the same or a less intensive nature, and except as otherwise allowed pursuant to Section 17.090.020, the new use is an allowable use in the district where the property is located. Uses on legal nonconforming sites may be changed to a different use without bringing the site into full compliance with this code provided that the degree of nonconformity or the intensity of use as determined by the director is not increased, and subject to the following requirements:

1.

Any threat to public health and safety and any blighting conditions as determined by the director, which are existing or would result from the change in use shall be addressed prior to occupancy.

2.

Except as may otherwise be provided for in this chapter, any increase in the floor area of a principal building by ten percent or more shall require addressing existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter or sidewalk; lack of parking and/or other nonconformances, where such nonconformances as have adverse impacts to adjacent properties or the public generally. The approving authority may establish a schedule for elimination of the nonconformances which does not exceed twenty-four (24) months.

3.

The approving authority may determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site makes such improvements physically infeasible.

E.

Maintenance, Repairs and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure on a nonconforming site provided that the work does not create greater nonconformances.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

17.90.060 - Residential uses and structures in residential, commercial or industrial zones.

A.

Continuation. Nonconforming residential structures in residential, commercial or industrial zone may be continued as a residential use provided that no increase in the number of dwelling units or an increase greater than twenty-five (25) percent in total floor area, occurs. Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such facilities have been provided for structures constructed prior to the effective date of this title, the structure shall not be altered or enlarged to create additional dwelling units or guest rooms, until the requirements for off-street parking and loading space have been complied with.

B.

Use Ceased by Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that:

1.

Reconstruction is consistent with building setback, height, parking and other relevant development regulations of the district where the property is located, provided that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded.

2.

A building permit for reconstruction is issued within twelve (12) months of destruction and reconstruction as determined by issuance of final occupancy approval is completed within twenty-four (24) months. This time frame may be extended by up to one year by the director with a showing of good cause.

If these standards cannot be met, the use may only be reestablished subject to approval of a use permit by the planning commission.

C.

Use Ceased by Voluntary Demolition. Nonconforming residential uses demolished for the purpose of reconstruction to achieve health and safety improvements as required by this code, or to eliminate blight may be reestablished subject to approval of an administrative permit by the director and provided that:

1.

Reconstruction is consistent with the development standards of the district where the property is located, except that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded;

2.

There is no increase in the number of units or in floor area except as required to meet health and safety standards;

Approval of an administrative permit is gained prior to demolition of the existing structure(s); and

4.

A building permit for reconstruction is issued within twelve (12) months of destruction, and reconstruction as determined by issuance of final occupancy approval is completed within twenty-four (24) months of demolition.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

17.90.070 - Nonconforming density for multiple-family dwellings.

Multiple-family dwellings or dwelling groups (two or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located, that are damaged or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met:

A.

Two to Four Dwelling Units. Preexisting non-conformities shall not be increased beyond those existing prior to destruction of the dwelling(s).

B.

Five or More Dwelling Units. Rebuilding conforms to the parking, height, setback, open-space, and other provisions of this code for multiple family uses. A use permit is required if these standards cannot be met, but in no case shall any site non-conformities be increased beyond those that existed prior to destruction of the dwelling(s).

C.

A building permit for reconstruction is issued within twelve (12) months of destruction.

D.

To facilitate implementation of the policies of the housing element of the general plan, multiple-family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt if an administrative permit is approved for reconstruction of the units. The permit shall be subject to the following findings of fact:

1.

Reconstruction is consistent with the building setbacks, height and other applicable development regulations of the district where the property is located;

2.

The use will not be detrimental to the future residents of the structure;

3.

The provisions of subsection A or B of this section are met for any reconstruction;

4.

Approval of the use permit is sought prior to demolition of the existing structure(s).

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

A nonconforming parcel of record that does not comply with the access, area, depth or width requirements of the zoning district in which it is located shall be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce enough evidence to establish the applicability of one or more of the following:

A.

Approved Subdivision. The parcel was created through a recorded subdivision map, or a certificate of compliance has been issued.

B.

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land-use regulation that made the parcel nonconforming.

C.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Chapter 17.92) or resulted from a lot line adjustment in compliance with Title 16 (Subdivisions) of this code.

D.

Partial Government Acquisition. The parcel was created in compliance with the provisions of this code but was made nonconforming when a portion of the parcel was acquired by a governmental entity.

Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be further divided to reduce the building site area, setbacks, and/or frontage below the requirements of the zoning district where the property is located or in any way that makes the use of the parcel more nonconforming.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Any lawful use existing at the time of adoption or amendment of this code in a zoning district that allows a use subject to the granting of a discretionary permit shall be deemed a legal conforming use for purposes of this chapter. Any expansion or change in the intensity of the use shall require a permit pursuant to Chapter 17.92 as specified in the district in which the property is located.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Any use in existence by virtue of a permit issued in compliance with the regulations in effect at the time of application for any land-use activity which, under the new regulations is not allowable, may continue, but only in compliance with the provisions and terms of the original permit.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)

Structures and uses that did not comply with the regulations in effect when the structures or uses were established are violations of this code. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter.

(Ord. No. 19-278, § 2(Att. A), 11-19-2019)