Title 17 — ZONING[1] — Soledad Zoning Code

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Title 17 - ZONING[[1]]

Chapters:

Footnotes:

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Prior ordinance history: Ord. 438.

Chapter 17.02 - ADOPTION OF ZONING PLAN

Sections:

17.02.010 - Short title. ¶

This title shall be known by the following short title: "The City of Soledad Zoning Ordinance."

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.02.020 - Adoption of zoning plan.

There is adopted a precise zoning plan for the city, the plan being a districting plan, as provided by law.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.02.030 - Purpose. ¶

The plan is adopted to implement the general plan, to provide rules and regulations for the development and use of land in an orderly manner, and to promote and protect the public health, safety, peace, morals, comfort and general welfare.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.02.040 - Nature of plan. ¶

The plan is a part of the general plan and consists of the establishment of various districts within the city wherein the use of land and buildings, and the spacing, placement, height and bulk of buildings and structures are regulated in a manner appropriate to the district in which those things are located.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.02.050 - Effect of plan. ¶

Except as otherwise specifically provided in this title, no building shall be erected and no existing building shall be moved into, reconstructed, structurally altered, added to or enlarged, or moved, nor shall any land, building or premises be used or designed to be used for any purpose or in any manner not permitted in the zone in which such land, building or premises is located.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.04 - INTERPRETATION

Sections:

17.04.010 - Grammatical interpretation. ¶

Whenever in this title the context so requires, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa; words used in the present tense shall include the future; and words used in the singular shall include the plural. As used in this title the word "shall" is mandatory and the word "may" is permissive.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.04.020 - General plan consistency. ¶

The provisions of this title shall be interpreted and applied in a manner consistent with the general plan.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.04.030 - Definitions. ¶

As used in this title unless the context otherwise indicates, the following words and phrases shall have the following meanings:

"Accessory dwelling unit" (or second residential unit) means an attached or detached residential dwelling unit that provides complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing singlefamily or multifamily dwelling or where a single-family or multifamily dwelling will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 179581.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

"Affordable housing" means dwelling units with a sales price or rent within the means of a low- or moderate-income household, as defined by state or federal legislation. As used in this zoning ordinance:

Very low income refers to family units/household whose annual income is fifty percent or less of the area's median income, as defined in Section 50105 of the Health and Safety Code (Government Code Section 65915(b)(l)(B)).

2.

Low income refers to family units/households whose annual income is between fifty percent and eighty percent of the area's median income, as defined in Section 50079.5 of the Health and Safety Code (Government Code Section 65915(b)(l)(A)).

3.

Moderate income refers to family units/households whose annual income is between eighty percent and one hundred twenty percent of the area's median income, as defined in Section 50093 of the Health and Safety Code (Government Code Section 65915(b)(l)(D)).

"Affordable housing benefits" means one or more of the following:

1.

A density bonus pursuant to Section 17.39.100.

2.

An incentive pursuant to Section 17.39.160.

3.

A development standard waiver or modification pursuant to Section 17.39.190.

4.

A parking standard modification pursuant to Section

17.39.200.

"Affordable housing cost" means the definition set forth in Section 50052.5 of the Health and Safety Code (Government Code Section 65915(c)(l)).

"Affordable housing developer" means the applicant or permittee of a qualified housing development and its assignees or successors in interest.

"Affordable Rent" means the definition set forth in Section 50053 of the Health and Safety Code (Government Code Section 65915(c)(l)).

"Apartment" means any building or portion thereof which is designed and built for occupancy of four or more families. (See also "dwelling, multiple.")

"Block" means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.

"Boardinghouse" means a dwelling or part thereof, where lodging and/or meals for three or more persons not transients is provided for compensation.

"Building" means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel and having a fixed location upon the ground.

"Building, accessory" means a subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same building site.

"Building, main" means a building in which is conducted the principal use of the lot and/or building site on which it is situated.

"Building site" means a lot or parcel of land, in single or joint ownership, occupied or to be occupied by a building or group of buildings, including all open spaces required by this title.

"Business" means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of offices, structures and premises; or the maintenance and use of recreational or amusement enterprises; or the maintenance and use of offices and facilities by professions and trades rendering service.

"Childcare facility" means a children's daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers (Government Code Section 65915(h)(4)).

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property. The word "condominium," as used in this title, also refers to townhouses, cooperative housing, and similar residential developments.

"Condominium conversion project" means a residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Section 65915.5(a) of the Government Code.

"Cooperative housing": See "condominium."

"Court" means an open, unoccupied space, unobstructed to the sky, other than a yard, on the same lot with a building or group of buildings and which is bounded on three or more sides by such building or buildings.

"Density bonus" means a density increase of at least twenty-five percent over the otherwise maximum allowable residential density under the zoning ordinance and the land use element of the general plan as of the date of filing of an application for development. The density bonus shall not be included when determining the number of housing units which is equal to ten percent or twenty percent of the total.

"Density bonus units" mean dwelling units granted pursuant to Section 17.39.040, which exceed the otherwise maximum allowable residential density.

"Development standard" means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio,

that applies to a residential development pursuant to the Development Code, the general plan, or other city condition, law, policy, resolution, or regulation (Government Code Section 65915(0)(1)).

"Director" means the planning director of the city.

"District" means a designated area of the city in which the use of land and buildings, and the spacing, placement, height and bulk of buildings and structures are regulated by this title according to the zoning classification assigned to the area.

"Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy, including one-family, two-family, three-family dwellings and apartments, and multiple-family dwellings, but not including hotels, motels or boardinghouses.

"Dwelling, single-family" means a building containing not more than one kitchen, designed for or used to house not more than one family.

"Dwelling, two-family" or "duplex" means a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other.

"Dwelling, three-family" or "triplex" means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other.

"Dwelling, multiple" means a building or portion thereof, used and designed as a residence for four or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels, and flats, but not including motels, hotels or boardinghouses.

"Dwelling group" means a group of two or more dwellings occupying a parcel of land in one ownership and having a yard or court in common, but not including automobile courts.

"Efficiency unit" means a dwelling unit containing only one habitable room and includes an efficiency unit as defined by Section 17958.1 of the California State Health and Safety Code. Subject to the definition specified in the International Building Code of the International Code Council, as incorporated by reference in Part 2 of Title 24 of the California Code of Regulations.

"Eligible housing development" means a development that satisfies all of the following criteria:

1.

The development is a multifamily housing development that contains five or more residential units, exclusive of any other floor area ratio bonus or incentive or concession awarded pursuant to this chapter.

2.

The development is located within one of the following:

a.

An urban infill site that is within a transit priority area.

One-half mile of a major transit stop.

3.

The site of the development is zoned to allow residential use or mixed-use with a minimum planned density of at least twenty dwelling units per acre and does not include any land zoned for low-density residential use or for exclusive nonresidential use.

4.

The applicant and the development satisfy the replacement requirements specified in Section 65915(c) of the Government Code.

5.

The development includes at least twenty percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons with a household income equal to or less than fifty percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code, and subject to an affordability restriction for a minimum of fifty-five years.

6.

The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter to relieve the development from a maximum height limitation.

"Employee housing" includes, but is not limited to, housing for farmworkers. Employee housing for six or fewer workers shall be deemed to be a single-family structure with a residential land use and shall be treated the same as a single-family dwelling of the same type in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six beds in group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

"Equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

"Family" means one or more persons occupying a premises and living as a single housekeeping unit (as distinguished from a group of transients occupying such premises), including residents of a boardinghouse or group home for persons with common disabilities or handicaps. A family includes all necessary employees of such family.

"Fence" means any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

"Floor area ratio" means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this

paragraph, "gross building area" means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.

"Floor area ratio bonus" means an allowance for an eligible housing development to use a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county.

"Garage" or "carport" means accessible and usable covered space for the storage of motor vehicles.

"Garage sale" means sale of secondhand consumer items on a private premises zoned for residential purposes, not requiring a business license, when held no more than four days at the same location during each calendar year.

"General plan" means the general plan general plan of the city, including all of its elements.

"Guest house" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities, for the use of which no compensation in any form is received or paid.

"Guest room" means attached or detached living quarters of a permanent type of construction without kitchen or cooking facilities, for the use of which compensation in some form is received or paid.

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator rooms, ventilating and air-conditioning equipment.

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.

"Home occupation" means an occupation conducted in a dwelling unit which is clearly incidental and secondary to the use of a dwelling for residential purposes, causing no change in the outside appearance of the building or premises, generating no need for parking in greater volume than would normally be expected in a residential neighborhood, and involving no activity, process or equipment causing noise, vibration, glare, fumes, odors or electrical interference, or any other significant disturbance of the peace and quiet of the neighborhood.

"Housing development" means a means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (Government Code Section 65915(i)).

"Incentive" means "incentives and concessions," as that phrase is used in Section 65915 of the Government Code.

"Junior accessory dwelling unit" means an attached accessory dwelling unit that is no more than five hundred square feet and is contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of life/safety regulations and providing utilities such as water, sewer, power, or other utilities, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

"Junkyard" means more than one hundred square feet of the area of any lot used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

"Kitchen" means a room or area with permanent cooking facilities and accommodations for dishwashing.

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

"Local agency" means a city, county, or city and county, whether general law or chartered.

"Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by Monterey-Salinas Transit or other local agency operating the major transit stop.

"Lot": See "building site." In a mobile home park, "lot" means a space alloted for occupancy by a mobile home.

"Lot coverage" means that percentage of the area of a lot that is covered by buildings or structures, including facilities for vehicle storage or vehicle access.

"Lot depth" means the average horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

"Lot line" means a line separating the front from a street, the side from a street adjoining property, the rear or side from an alley or street or adjoining property.

"Lot line, front" means the shortest dimension of a lot fronting on a street, irrespective of the direction in which the main entrance faces.

"Lot line, rear" means the lot boundary opposite or approximately opposite the lot front; in the case of a triangular or gore-shaped lot, or other irregular lot, a line ten feet in length, within the lot parallel to and at the maximum distance from the front line of the lot.

"Lot line, side" means any lot boundary not a front or rear lot line.

"Lot, through" means a lot having frontage on two parallel or approximately parallel streets.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth, at the required front setback line.

"Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; pets; the storage of possessions; or privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

"Low barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Lower-income households" means persons and families whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the secretary of housing and urban development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower-income households for all geographic areas of the state at eighty percent of an area's median income, adjusted for family size and revised annually.

"Lower-income households" includes very low-income households, as defined in Section 50105 of the Health and Safety Code, and extremely low-income households, as defined in Section 50106 of the Health and Safety Code. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law. As used in this definition, "area median income" means the median family income of a geographic area of the state.

"Lower income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (l) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

"Market-rate unit" means a dwelling unit that is not an affordable unit.

"Maximum allowable residential density" means the density allowed under the Development Code and the land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the development code is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail (Government Code Section 65915(0)(2)).

he land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the development code is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail (Government Code Section 65915(0)(2)).

"Minimum affordable housing component" means a housing development project that includes a minimum of any of the following:

Very low-income minimum affordable housing component - Provides at least five percent of the total units for very low-income household residents (Government Code Section 65915(b)(l)(B)); or

2.

Low-income minimum affordable housing component - Provides at least ten percent of the total units for low-income households (Government Code Section 65915(b)(l)(A)); or

3.

Moderate-income minimum affordable housing component - Provides at least ten percent of the total dwelling units in a common interest development for moderate-income households (Government Code Section 65915(b)(l)(D)).

"Mobile home" means a vehicle or other structure fabricated off-site and transportable on permanently attached or detached wheels, or on a truck or other conveyance, intended for use as a dwelling unit, and containing a complete kitchen, sanitary facilities, and utilities for connection to on-site service connections. For purposes of Chapter 17.24 of this title only, "mobile home" includes modular dwellings intended for assembly on the site and not designed for subsequent or repeated relocation.

"Mobile home park" means a residential facility arranged or equipped for the accommodation of mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities, either separately or in common to mobile home spaces therein.

"Modular house": See "mobile home."

"Motel" or "hotel" means one or a group of two or more detached or semi-detached buildings containing guest rooms, with automobile parking space provided in connection therewith, which building or group of buildings is designed and used primarily for the accommodation of transient automobile travelers, provided that a maximum of twenty percent of the rooms, the guest room or rooms may contain mechanical equipment for the preparation or storage of food or beverages. These rooms are excluded from the fourteen-day transient occupancy limit and may be occupied continually for up to thirty consecutive days. A conditional use permit shall be required for the conversion of existing units or an increase of the twenty percent limit for rooms to be equipped with mechanical equipment for the preparation or storage of food or beverages.

"Multiple dwelling": See "dwelling, multiple."

"Nonconforming use" means a use that does not conform to the regulations for the district in which it is situated.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

"Office" means a business establishment for rendering of service or administration, but excluding retail sales.

"Other incentives of equivalent financial value" means the reduction or waiver of requirements which the city might otherwise apply as conditions of condominium conversion approval, but shall not be construed

to require the city to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)).

"Parking space" means an accessible and usable space on the building site, or adjacent lot, at least nine feet by twenty feet, for the parking of one motor vehicle.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Person" includes any individual, city, county, or city and county, partnership, firm, corporation, cooperative, association, trust or any other legal entity, including the State of California and the federal government.

"Plan line" means a line established by the city council for a proposed street or right-of-way.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

"Qualified housing development" means a housing development that meets the requirements of Section 17.39.050 for density bonus.

"Qualified land" means land offered for donation in accordance with Section 17.39.140 that meets the criteria set forth in Section 17.39.140.

"Qualified nonprofit housing corporation" means a nonprofit housing corporation organized pursuant to Section 501(c)3 of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

"Rest home" means any premises licensed as a "long-term health care facility," as that term is defined in Section 1418 of the Welfare and Institutions Code of the State of California.

"Reasonable restriction" means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.

"Roominghouse": See "boardinghouse."

"Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs.

"Second residential unit": See "accessory dwelling unit"

"Setback lines" means a line established by this title to govern the placement of buildings or structures with respect to lot lines, streets, or alleys.

"Senior citizen housing development" means a residential development that is developed, substantially rehabilitated, or substantially renovated for senior citizens and that has at least thirty-five senior citizen housing development units (Government Code Section 65915(b)(1)(C)).

"Senior citizen housing development unit" means a residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen, as defined in Section 51.3 of the Civil Code.

"Setback lines" means a line established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys.

"Sign" means every sign, display board, poster, picture, wall graphic, graphic decorative display, map, banner, pennant, balloon, insignia, emblem or other device, with or without lettering, which is intended to advertise or attract the attention of the public, including but not limited to clocks, barber poles and similar devices.

"Sign, freestanding" means any sign erected on one or more poles or posts or similar uprights which is not a part of any building or structure, other than a structure supporting the sign.

"Sign, projecting" means any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outward therefrom; also any sign suspended under a marquee, awning, porch, walkway covering, or similar covering structure adjacent to a building.

"Sign, roof" means any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering, or similar covering structure, and supported by or connected to the roof or parapet.

"Sign, temporary" means a sign consisting of any material and intended to be displayed for a short period of time, in no event to exceed sixty days.

"Sign, wall" means any sign applied to or mounted on the wall or vertical surface of a building or structure, or to the vertical surface of a marquee, awning, porch, walkway covering, or similar covering structure adjacent to a building or structure, in an essentially flat position, with the face of the sign parallel to the place of the wall or vertical surface, including window signs.

"Sign, window" means any sign, other than a temporary sign, which is painted on, attached to, or placed or hung adjacent to, either the inside or the outside of a door or window; it does not apply to or include any display of merchandise, products or materials appurtenant to the business conducted on the premises which is not attached or placed adjacent to a window, or to any noncommercial display or exhibit designed to be seen through a window.

"Single-room occupancy (SRO) facility" means a structure with one-room residential rental units often with cooking facilities and that may have private or shared bathroom facilities.

"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 for the housing development was deemed complete.

Inconsistency with the development code or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)).

"Street" means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.

"Street line" means the boundary between a street right-of-way and property.

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

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including driveways, patios or parking spaces. "Structure" includes "building."

"Supportive housing" means housing with no limit on length of stay, that is occupied by a target population, and that is linked to an on-site or off-site service that assists 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.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5, commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Total units" and "total dwelling units" means a calculation of the number of units that:

1.

Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

2.

Includes a unit designated to satisfy the inclusionary zoning requirement in the city (Government Code Section 65915(0)(6)).

"Townhouse": See "condominium."

"Trailer court": See "mobile home park."

"Transient," when used to defined living accommodations, describes such accommodations when customarily used or furnished for a period of forty-eight hours or less but in no event longer than fourteen days.

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

"Use" means the purpose for which land or a building is designed, arranged, or intended or for which either land or building is or may be occupied or maintained.

"Use, accessory" means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot.

"Use, nonconforming": See "nonconforming use."

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

"Yard" means the open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Chapters 17.08, 17.10, 17.28 and 17.36 of this title.

"Yard, front" means a yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the nearest permitted line of the building; provided however, that if any official plan line has been established for the street upon which the lot faces, the front yard measurements shall be taken from such official plan line to the nearest permitted line of the building.

"Yard, rear" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

"Yard, side" means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

(Ord. 526 § 2 (Exbt. A), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 750, § 2, 1-11-2023)

Chapter 17.06 - ESTABLISHMENT AND DESIGNATION OF DISTRICTS

Sections:

17.06.010 - Establishment of districts. ¶

The several districts into which the city is divided are established and designated as follows:

Type of District	Designation
Single-family residential	R-1
Medium-density multifamily residential	R-2
High-density multifamily residential	R-3
Mobile home residential	M-H
Commercial residential	C-R
Community commercial	C-C
Retail central business	C-1
General service	C-2
Highway commercial	H-C
Industrial	M
Open space	OS
Public facility	PF

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.06.020 - Study areas. ¶

All lands included within the boundaries of the city, as of or after the effective date of the ordinance codified in this title, which are not designated on the zoning map described in Section 17.06.030 as being included in any district, are and shall be designated as "SA" or study areas. Until such land is classified into one or more of the other districts, uses conforming to the land use element of the general plan may be allowed.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.06.030 - Zoning map. ¶

The boundaries of the districts designated and established by Section 17.06.010 of this title are shown on that certain map entitled "Zoning Map of the City of Soledad," incorporated in this section and made a part of this title by reference as if fully set forth in this title. The map is on file in the office of the city clerk, and reference is hereby made to it for full particulars as to the location of the areas shown within the districts. The districts so shown are subject to the regulations contained in this title and each designated district is subject to the regulations prescribed in this title for that district.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.06.040 - Boundaries. ¶

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the zoning map, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive. The provisions of this section do not apply to acreage.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.06.050 - Modification of boundaries. ¶

Changes in the boundaries of districts shall be made by ordinance in the manner provided in Chapter 17.48. The ordinance shall describe the area to be changed either by lot and block number or by metes and bounds. After adoption of any ordinance changing any boundaries of any district, the city clerk shall mark the zoning map to show the number and date of the adoption of the ordinance making such change.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.07 - DOWNTOWN SPECIFIC PLAN[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— The downtown specific plan is not set out herein, but is on file and available for inspection in the office of the city clerk.

17.07.010 - Purpose. ¶

The purpose of the downtown specific plan is to provide policies and regulations to guide development in the downtown area of the city.

(Ord. No. 679, § 2, 10-3-2012)

17.07.020 - Applicability.

A.

Downtown specific plan regulations shall only be applied within the boundaries of the downtown specific plan.

B.

Amendments to the downtown specific plan must be processed in compliance with Chapter 17.48 (Amendments).

(Ord. No. 679, § 2, 10-3-2012)

17.07.030 - Other provisions.

A.

The uses and regulations for development in the downtown specific plan area are specified in Chapter 5 of the downtown specific plan. Matters not regulated by the downtown specific plan shall be regulated by other applicable provisions of Title 17 (Zoning).

Where there is a conflict between the regulations in Title 17 (Zoning) and the downtown specific plan, the regulations in the downtown specific plan shall prevail.

(Ord. No. 679, § 2, 10-3-2012)

Chapter 17.08 - GENERAL PROVISIONS

Sections:

17.08.010 - Applicability. ¶

All regulations in this title which pertain to the districts established in Chapter 17.06 are subject to the general provisions, conditions and exceptions contained in this chapter.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.08.020 - Interpretation by planning commission. ¶

Whenever there is a question regarding the interpretation of the provisions of this title or their application to any specific case or situation, the planning commission shall interpret the intent of this title by written decision, and such interpretation thereafter shall be followed in applying the provisions, subject to appeal to the city council by any interested person.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.08.030 - Architectural review. ¶

The planning commission shall act as, or it may appoint three or more of its members to act as, an architectural review committee to review and approve the architectural and general appearance of buildings, structures and grounds in accordance with the provisions of this title. No permit shall be issued in any case where architectural review is required until such review has been conducted and plans for the project have been approved by the committee; provided, that minor changes in an approved plan may be made when approved by the planning director.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.08.040 - Exception to height limits. ¶

Where chimneys, cupolas, steeples, poles, monuments, storage tanks or towers, windmills, and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a use permit in each case. This section does not apply to signs.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.08.050 - Projections into required yard areas. ¶

Building features such as awnings, cornices, and eaves may extend not more than two feet into any required yard. Fireplaces not exceeding six feet in breadth may extend not more than two feet into a required yard. Open, uncovered porches or landings which are raised less than thirty inches above the

nearest lot line's natural elevation, and stairs, may extend not more than two feet into any required side yard, nor more than six feet into any required rear or front yard. In any such case a lesser setback may be allowed upon the securing of a use permit; provided, however, that in no case shall any such projection extend closer than three feet to the nearest lot line.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.08.060 - Detached accessory structures in yard areas. ¶

Detached accessory structures, including garages may occupy rear and interior side yards subject to site plan approval by the planning director and when in compliance with the Uniform Building Code as determined by the building official and provided that no accessory structure shall extend into any public utility easement. On a comer lot no detached accessory structure shall be located so as to encroach on the half of the lot nearest the street side yard.

(Ord. 578 § 1, 2001)

Chapter 17.10 - R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

Sections:

17.10.010 - Purpose. ¶

The R-1 district is intended to provide for the development of single-family residential homes on lots not less than five thousand square feet in area, not more than one dwelling unit permitted on any lot, except within planned developments. All regulations for this district are deemed necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.10.020 - Permitted uses. ¶

The following uses shall be permitted in the R-1 district. All uses shall be subject to the property development standards in Section 17.10.040:

A.

One-family dwelling unit, not more than one primary dwelling per lot;

B.

Accessory buildings, including garages;

C.

Second residential units, subject to Section 17.38.260;

D.

Employee housing for six or fewer workers;

E.

Private greenhouses and horticultural collections, flower, and vegetable gardens;

F.

Home occupations, subject to Section 17.38.140;

G.

Temporary tract offices and model homes, in the tract being developed;

H.

Day nursery, small;

I.

Mobile home on a permanent foundation, subject to Section 17.38.210;

J.

Swimming pools subject to Section 17.38.320;

K.

Transitional and supportive housing.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 748, § 2, 1-11-2023)

17.10.030 - Conditional uses.

The following uses may be permitted subject to a conditional use permit:

A.

Antennas for personal use subject to Section 17.38.020;

B.

Churches and parochial schools;

Country clubs and golf courses;

Day nursery, commercial (see Section 17.38.060);

E.

Day nursery, institutional (see Section 17.38.060);

F.

Day nursery, large (see Section 17.38.060);

G.

Microwave relay structures;

H.

Private schools;

I.

Public schools;

J.

Public libraries;

K.

Electric distribution substations;

L.

Planned residential development, including mobile home parks subject to Section 17.38.230;

Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one hundred thirty feet.

C.

Population Density. The density shall not exceed one dwelling for each six thousand square feet of lot area or 7.26 dwelling units per acre. For planned developments, density shall be calculated on gross lot area minus public streets.

D.

Building Height.

1.

No main building or structure erected in this district shall have a height greater than two stories, not to exceed thirty feet.

2.

No accessory building erected in this district shall have a height greater than one story, not to exceed fourteen feet.

E.

Yards.

Front yard:

a.

Each lot shall have a front yard of not less than twenty feet extending across the full width of the lot. The front yard shall be thirty feet for lots required to have a depth of one hundred twenty feet by paragraph (B) (2)(b) of this section.

b.

Lots fronting on a cul-de-sac turnaround shall have a front yard of not less than fifteen feet.

c.

The planning commission may require the staggering of setback, with a variation of up to three feet between houses. In no case shall a setback of less than fifteen feet be allowed, except on culs-de-sac, where the planning commission may approve a setback of ten feet as part of the total development plan of a subdivision.

d.

In situations where four or more lots have been improved with buildings, the required setback is the average of the improved lots, if the setback is less than the stated requirement.

2.

Side yard:

a.

Each lot shall have a side yard on each side of not less than five feet except for special conditions treated in this subdivision.

b.

When siding on an existing alley, a main building shall be located not less than thirty feet from the opposite side of the alley.

c.

On corner lots, unless otherwise specified in this title, the side yard abutting the street shall be not less than ten feet in width.

d.

Where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side yard setback shall be not less than ten feet to such entrance.

In situations where the entrance to a covered parking space faces an interior side property line, the required side yard setback from the side property line shall be twenty-five feet.

f.

In situations where the entrance to a covered parking space faces a street-side property line, the required setback shall be twenty feet from the street-side property line to the covered parking space.

g.

Rear yard: Each lot shall have a rear yard extending across the full width of the lot of not less than ten feet, provided that a minimum of one thousand square feet of open space is maintained to the side or rear of the main dwelling or in an "L" or "U" design; otherwise, twenty feet shall be provided.

F.

Space Between Buildings.

1.

Unless attached to the main building, accessory buildings shall be a minimum of six feet from the main building. However, the accessory building may be connected to the main building by means of a breezeway open to two sides consisting of a common roof using the same roofing materials as the main building.

2.

Where an accessory building is used for covered parking and where the garage is located within the area defined by the projection of the side lines of any main building, and where vehicular access to the garage faces any main building and falls entirely or in part within that area, the accessory building shall not be less than twenty-five feet from the main building.

3.

Where a lot abuts upon an alley, garages having vehicular access from the alley shall be located not less than twenty-five feet from the opposite side of the alley.

G.

Lot Coverage. Maximum lot coverage by buildings and structures shall not exceed forty percent of the total lot area.

H.

Fences, Hedges and Walls. Fences, including walls and hedges, not exceeding three feet in height, may occupy any yard area. Fences, hedges and wall fences up to six feet in height are allowed in street side yards where:

1.

Residential lots abut nonresidential uses or zoned property;

Where street sideyard abuts another street side yard subject to sight distance requirements (Section 17.36.010(C)).

Fences or other structures over six feet in height to enclose tennis courts or similar areas located on the rear half of a lot may be allowed, subject to the approval of a conditional use permit.

I.

Off-street Parking. Section 17.36.030 applies.

J.

Access. There shall be vehicular access from a dedicated and improved street or recognized alley to the required off-street parking facilities.

K.

Signs. Section 17.36.040 applies.

(Ord. 523 § 2 (part), 1993; Ord. 487 § 2, 1990; Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 748, § 2, 1-11-2023)

17.10.050 - Site plan review.

Before any building or structure is erected on any lot in this district, a site plan shall be submitted to and approved by the planning director.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.11 - R-1.5 LOW-DENSITY MULTIFAMILY RESIDENTIAL DISTRICT

Sections:

17.11.010 - Purpose. ¶

The R-1.5 district is intended to provide for residential development not to exceed one dwelling unit per four thousand five hundred square feet of lot area. All regulations for this district are deemed necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

(Ord. 498 (part), 1991)

17.11.020 - Permitted uses. ¶

The following uses shall be permitted in the R-1.5 district. All uses shall be subject to the property development standards in Section 17.11.040 of this chapter:

A.

Single-family dwellings and duplexes, provided that the total number of existing and proposed units does not exceed two on a lot;

B.

Accessory buildings, including garages;

C.

Second residential units, subject to Section 17.38.260;

D.

Employee housing for six or fewer workers;

E.

Private greenhouses and horticultural collections, flower and vegetable gardens;

F.

Home occupations, subject to Section 17.38.130 of this title;

G.

Day nursery, small;

H.

Swimming pools subject to Section 17.38.330 of this title;

I.

Mobile homes on a permanent foundation subject to Section 17.38.210;

J.

Transitional and supportive housing.

(Ord. 498 (part), 1991)

(Ord. No. 748, § 3, 1-11-2023)

17.11.030 - Conditional uses.

The following uses may be permitted in the R-2 district subject to a conditional use permit:

A.

Antennas for personal use subject to Section 17.38.010;

B.

Churches and parochial schools;

C.

Country clubs and golf courses;

D.

Day nursery, commercial (see Section 17.38.060 of this title);

Reserved.

F.

Day nursery, large (see Section 17.38.060 of this title);

G.

Microwave relay structures;

H.

Private schools;

Public schools;

Public libraries;

K.

Electric distribution substations;

L.

Swimming lessons, large group, subject to Section 17.38.370 of this title;

Civic and social clubs of two hundred fifty or less members;

N.

Parks, except those included in the overall design of a subdivision;

Yard setback reduction or lot dimension modifications for energy conservation purposes on multiple lots;

P.

Condominiums, subject to Section 17.38.050 of this title.

(Ord. 498 (part), 1991)

(Ord. No. 748, § 3, 1-11-2023)

17.11.040 - Property development standards.

The following property development standards and those in Chapters 17.36 and 17.38 of this title apply to all lands and structures in the R-1.5 district:

A.

Lot Area.

1.

Each lot shall have a minimum net area of six thousand square feet, except as provided in this section. A nonconforming lot or record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district.

2.

If, on the effective date of the ordinance codified in this chapter, two or more nonconforming lots, each with a separate and distinct number or other designation on an official map or approved record of survey recorded in the office of the county recorder, or delineated on a recorded subdivision map on file with the city, and abutting at least one public street or right-of-way are held in separate ownership:

a.

Each such lot may be used as a separate lot if it contains at least six thousand square feet of lot area and has a minimum width of fifty feet.

b.

B.

Lot Dimensions. All lots created after the effective date of the ordinance codified in this chapter shall comply with the following minimum standards and lots existing as of that effective date may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.

Width:

Interior lots shall have a minimum width of fifty feet.

b.

Corner lots shall have a minimum width of sixty-five feet.

c.

Lots siding on freeways or railroad rights-of-way shall have a minimum width of eighty feet.

d.

Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty feet.

2.

Depth:

a.

Lots facing on a local street shall have a minimum depth of one hundred feet.

b.

3.

Rear Yard: Each lot shall have a rear yard extending across the full width of the lot of not less than fifteen feet.

F.

Space Between Buildings. In addition to the R-1 district requirements the following shall apply: Between main buildings the sum of the height of any two adjacent buildings, divided by two, but in no case less than twenty feet.

G.

Lot Coverage. Maximum lot coverage by buildings and structures shall not exceed fifty percent of the total area.

H.

1.

Residential lots abut nonresidential uses or zoned property;

2.

Where street sideyard abuts another street side yard subject to sight distance requirements (Section 17.36.010(C)).

I.

Fences or other structures over six feet in height to enclose tennis courts or similar areas located on the rear half of a lot may be allowed, subject to the approval of a conditional use permit.

J.

Off-street Parking. Section 17.36.010 of this title applies.

K.

Access. There shall be vehicular access from a dedicated and improved street or recognized alley to the required off-street parking facilities.

L.

Signs. Section 17.36.030 of this title applies.

M.

Utilities. Section 17.38.330 of this title applies.

(Ord. 523, § 2 (part), 1993; Ord. 498 (part), 1991)

(Ord. No. 680, § 2, 5-1-2013; Ord. No. 748, § 3, 1-11-2023)

17.11.050 - Site plan review. ¶

Before any building or structure is erected on any lot in this district, a site plan shall be submitted to and approved by the planning director in accordance with Chapter 17.44 of this title.

(Ord. 498 (part), 1991)

Chapter 17.12 - R-2 MEDIUM-DENSITY MULTIFAMILY RESIDENTIAL DISTRICT

Sections:

17.12.010 - Purpose. ¶

The R-2 district is intended to provide for residential development not to exceed one dwelling unit per three thousand five hundred square feet of lot area. All regulations for this district are deemed necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.12.020 - Permitted uses. ¶

The following uses shall be permitted in the R-2 district. All uses shall be subject to the property development standards in Section 17.12.040:

A.

Single-family dwellings;

B.

Duplexes and triplexes, subject to provisions in Section 17.12.040(C);

Second residential units, subject to Section 17.38.260;

D.

Accessory buildings, including garages;

E.

Multifamily dwellings;

F.

Employee housing for six or fewer workers;

G.

Private greenhouses and horticultural collections, flower and vegetable gardens;

H.

Home occupations, subject to Section 17.38.130;

I.

Day nursery, small;

Swimming pools subject to Section 17.38.330;

Mobile homes on a permanent foundation subject to Section 17.38.210;

Transitional and supportive housing.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 748, § 4, 1-11-2023)

17.12.030 - Conditional uses.

The following uses may be permitted in the R-2 district subject to a conditional use permit:

Antennas for personal use subject to Section 17.38.010;

Churches and parochial schools;

C.

Country clubs and golf courses;

D.

Day nursery, commercial (see Section 17.38.060);

E.

Day nursery, institutional (see Section 17.38.060);

Day nursery, large (see Section 17.38.060);

G.

Microwave relay structures;

H.

Private schools;

I.

Public schools;

J.

Public libraries;

K.

Electric distribution substations;

L.

Planned residential development, including mobile home parks subject to Section 17.38.230;

M.

Swimming lessons, large group, subject to Section 17.38.370;

N.

Civic and social clubs of two hundred fifty or less members;

O.

Parks, except those included in the overall design of a subdivision;

P.

Yard setback reduction or lot dimension modifications for energy conservation purposes on multiple lots;

Q.

Condominiums, subject to Section 17.38.050.

(Ord. 466 § 6, 1988; Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 748, § 4, 1-11-2023)

17.12.040 - Property development standards. ¶

The following property development standards and those in Chapters 17.36 and 17.38 apply to all lands and structures in the R-2 district:

A. Lot Area.

1.

Each lot shall have a minimum net area of five thousand square feet, except as provided in this section. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district.

2. a.

Each such lot may be used as a separate lot if it contains at least five thousand square feet of lot area and has a minimum width of fifty feet.

b.

If three or more such nonconforming lots are held in separate ownership, they may be divided into lots each of which contains at least five thousand square feet of lot area and has a minimum width of fifty feet. If such division requires a change of any existing lot line, a parcel map shall be filed with the planning director.

No accessory building erected in this district shall have a height greater than one story, not to exceed fourteen feet.

Yards.

1.

Front yard:

2.

Each lot shall have a front yard of not less than fifteen feet extending across the full width of the lot.

3.

Curve lots and cul-de-sac lots shall have a front yard of not less than fifteen feet.

The planning commission may approve a setback of ten feet on culs-de-sac as part of the total development plan of a subdivision.

5.

Side yard: The provisions of the R-1 district apply.

6.

Rear yard: Each lot shall have a rear yard extending across the full width of the lot of not less than fifteen feet.

F.

Space Between Buildings. In addition to the R-1 requirements the following shall apply: Between main buildings the sum of the height of any two adjacent buildings, divided by two, but in no case less than twenty feet.

G.

Lot Coverage. Maximum lot coverage by buildings and structures shall not exceed sixty percent of the total lot area.

H.

1.

Residential lots abut nonresidential uses or zoned property;

2.

Where street side yard abuts another street side yard subject to sight distance requirements (Section 17.36.010(C)).

I.

Fences or other structures over six feet in height to enclose tennis courts or similar areas located on the rear half of a lot may be allowed, subject to the approval of a conditional use permit.

J.

Off-street Parking. Section 17.36.020 applies.

Access. There shall be vehicular access from a dedicated and improved street or recognized alley to the required off-street parking facilities.

L.

Signs. Section 17.36.030 applies.

M.

Utilities. Section 17.38.330 applies.

(Ord. No. 523, § 2 (part), 1993; Ord. No. 445, § 2 (Exbt. A) (part), 1986)

(Ord. No. 689, § 2, 3-4-2015; Ord. No. 748, § 4, 1-11-2023)

17.12.050 - Site plan review. ¶

Before any building or structure is erected on any lot in this district, a site plan shall be submitted to and approved by the planning director in accordance with Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.14 - R-3 HIGH-DENSITY MULTIFAMILY RESIDENTIAL DISTRICT

Sections:

17.14.010 - Purpose. ¶

The R-3 district is intended to provide for residential development not to exceed one dwelling unit per three thousand square feet of lot area. All regulations for this district are deemed necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 759, § 2, 11-15-2023)

17.14.020 - Permitted uses. ¶

The following uses shall be permitted in the R-3 district. All uses shall be subject to the property development standards in Section 17.14.040:

A.

Multifamily dwellings;

B.

Second residential units, subject to Section 17.38.260;

C.

Private greenhouses and horticultural collections, flower, and vegetable gardens;

Home occupations, subject to Section 17.38.140;

Day nursery, small;

Day nursery, large;

Boardinghouses;

Transitional and supportive housing.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 759, § 2, 11-15-2023)

17.14.030 - Conditional uses.

The following uses may be permitted in the R-3 district subject to a conditional use permit:

Antennas for personal use subject to Section 17.38.010;

Churches and parochial schools;

Country clubs and golf courses;

Day nursery, institutional (see Section 17.38.060);

Day nursery, commercial (see Section 17.38.060);

Microwave relay structures;

G.

Private schools;

Public schools;

Public libraries;

Electric distribution substations;

K.

Planned residential development, including mobile home parks subject to Section 17.38.230;

Swimming lessons, large group, subject to Section 17.38.310;

Civic and social clubs of two hundred fifty or less members;

Parks;

O.

Yard setback reduction or lot dimension modifications for energy conservation purposes on multiple lots.

(Ord. 466 § 7, 1988; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.14.040 - Property development standards.

The following property development standards and those in Chapters 17.36 and 17.38 apply to all lands and structures in the R-3 district:

Lot Area.

2. a.

Each such lot may be used as a separate lot if it contains at least five thousand square feet of lot area and has a minimum width of fifty feet.

b.

B.

1.

Width:

a.

Interior lots shall have a minimum width of fifty feet.

b.

Corner lots shall have a minimum width of sixty-five feet.

c.

Lots siding on freeways or railroad rights-of-way shall have a minimum width of eighty feet.

d.

Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty feet.

Depth:

a.

Lots facing on local street shall have a minimum depth of one hundred feet.

b.

Lots facing on a major street as shown on the circulation element of the general plan shall have a minimum depth of one hundred twenty feet.

c.

Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one hundred thirty feet.

C.

Population Density. Density shall not exceed twenty-two dwelling units per acre and shall be a minimum of twelve units per acre. The maximum of twenty-two dwelling units per acre is equivalent to one dwelling unit for each one thousand nine hundred eighty square feet of area for a building site of less than one acre. A minimum of three hundred square feet of open area shall be provided per dwelling unit. That area shall be designed to be usable for the residents. Second-story balconies shall not be included in open space calculations. A minimum of two hundred square feet per unit shall be designated as a public common area. Public common areas shall require the following:

1.

All dimensions for areas to be calculated as public open space shall be a minimum of two hundred square feet.

2.

3.

4.

5.

6.

Common usable open spaces and children's play areas shall be visible from individual dwelling units and be connected to the internal pedestrian system in the development.

7.

Private usable open spaces shall be contiguous to and have direct pedestrian access from the dwelling units they serve.

8.

All usable open space areas shall have appropriate lighting and be regularly maintained to reduce the potential for criminal activities.

D.

Building Height.

1.

No main building or structure erected in this district shall have a height greater than two stories, not to exceed thirty feet.

2.

No accessory building erected in this district shall have a height greater than one story, not to exceed fourteen feet.

E.

Yards.

1.

Front yard:

a.

Each lot shall have a front yard of not less than fifteen feet extending across the full width of the lot.

b.

Curve lots and cul-de-sac lots shall have a front yard of not less than fifteen feet.

c.

The planning commission may approve a setback of ten feet on cul-de-sacs as part of the total development plan of a subdivision.

2.

Side yard:

a.

Each lot shall have a side yard on each side of not less than five feet except for special conditions treated in this subdivision.

b.

When siding on an existing alley, a main building shall be located not less than thirty feet from the opposite side of the alley.

c.

On corner lots, unless otherwise specified in this title, the side yard abutting the street shall be not less than ten feet in width.

3.

Rear yard: Each lot shall have a rear yard extending across the full width of the lot of not less than fifteen feet.

F.

Space Between Buildings.

1.

Accessory buildings shall be a minimum of six feet from a main building.

2.

3.

Where a lot abuts upon an alley, garages having vehicular access from the alley shall be located not less than twenty-five feet from the opposite side of the alley.

4.

Minimum space between main buildings is the sum of the height of any two adjacent buildings, divided by two, but in no case less than twenty feet.

5.

Between a side property line and the entrance side of single-row dwelling groups, the minimum space is fifteen feet.

G.

Lot Coverage. Maximum lot coverage by buildings and structures shall not exceed sixty percent of the total lot area.

H.

1.

Residential lots abut nonresidential uses or zoned property;

2.

Where street sideyard abuts another street side yard subject to sight distance requirements (Section 17.36.010(C)).

Fences or other structures over six feet in height to enclose tennis courts or similar areas located on the rear half of a lot may be allowed, subject to the approval of a conditional use permit.

I.

Off-street Parking. Section 17.36.020 applies.

J.

Access. There shall be vehicular access from a dedicated and improved street or recognized alley to the required off-street parking facilities.

K.

Signs. Section 17.36.030 applies.

L.

Utilities. Section 17.38.330 applies.

(Ord. No. 759, § 2, 11-15-2023; Ord. No. 689, § 2, 3-4-2015; Ord. 523 § 2 (part), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.14.050 - Site plan review.

Before any building or structure is erected or moved on any lot in the R-3 district, a site plan shall be submitted to and approved by the city in accordance with Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.20 - C-R COMMERCIAL RESIDENTIAL DISTRICT

Sections:

17.20.010 - Purpose. ¶

The C-R district is intended to provide for both residential and light commercial activities within the downtown specific plan area and in neighborhood commercial zoning districts as an overlay zone. Mixed use residential-commercial may be considered, providing specific findings are made per Section 17.20.040(M).

(Ord. 609 § 2, 2004: Ord. 445 § 2 (Exbt. A) (part), 1986)

17.20.020 - Permitted uses. ¶

3.

Artist studios and galleries,

4.

Barber and hair salons,

5.

Bookstore,

6.

Boutiques,

Craftsman,

8.

Day nursery, commercial,

9.

Dressmaking or millinery shops,

Jewelry,

Photographic studios and supplies,

Professional and administrative offices,

Shoe repair,

Specialty shops,

Tailor,

Any other use which the planning commission finds to be consistent with the purposes of this chapter and the downtown specific plan.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 748, § 5, 1-11-2023)

Editor's note— See editor's note at § 17.20.040.

17.20.040 - Property development standards.

The following property development standards and those in Chapters 17.36 and 17.38 apply to all land and structures in the C-R district:

Lot Area. No requirements.

B.

Lot Dimensions.

1.

Width: No requirements.

2.

Depth: No requirements.

C.

Population Density. The density shall not exceed one dwelling unit per three thousand square feet or 14.52 dwelling units per acre subject to the limitation that any lot having less than four thousand square feet of area may not be used for residential purposes.

D.

Building Height. No building or structure erected in this district shall have a height greater than two stories, not to exceed thirty-five feet.

Yards.

1.

Front yard: Each lot shall have a front yard of not less than ten feet. The yard shall be landscaped and maintained.

2.

Side yard: None required, except:

a.

Where the side yard abuts a street, a ten-foot side yard shall be provided along the street. The yard shall be landscaped and maintained;

b.

A five-foot interior side yard shall be provided for residential uses.

3.

Rear yard: None required except for residential uses, in which case ten feet is required.

Space Between Buildings. Where a garage is located within the area defined by the projections of the side lines of any main building, and where the garage faces and is detached from any main building and the vehicular access to the garage falls entirely or in part within the area, the garage shall be not less than twenty-five feet from the main building or buildings.

G.

Lot Coverage. Maximum lot coverage by buildings and structures shall not exceed sixty percent of the total lot area.

H.

1.

Residential lots abut nonresidential uses or zoned property;

2.

Where street sideyard abuts another street side yard subject to sight distance requirements (Section 17.36.010(C)).

Fences or other structures over six feet in height to enclose tennis courts or similar areas located on the rear half of a lot may be allowed, subject to the approval of a conditional use permit.

I.

Off-street Parking. The provisions of Section 17.36.020 apply.

J.

Per Section 65652 of the California Government Code, the developer shall provide the city with a plan for providing supportive services, and include documentation demonstrating that supportive services will be provided on site to residents in the project, and shall include all of the following information:

a.

The name of the proposed entity or entities that will provide supportive services.

b.

The proposed funding source or sources for the provided on-site supportive services.

c.

Proposed staffing levels.

Nonresidential floor area shall be used for on-site supportive services in the following amounts:

a.

For a development with twenty or fewer total units, at least ninety square feet shall be provided for on-site supportive services.

b.

For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

6.

Units within the development, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

7.

If the developer replaces any dwelling units on the site of the supportive housing development, the units subject to these provisions shall be replaced as specified in Section 65915(c) of the Government Code.

(Ord. No. 748, § 5, 1-11-2023)

Chapter 17.22 - C-C COMMUNITY COMMERCIAL DISTRICT*[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Prior ordinance history: Ord. 577.

17.22.010 - Purpose. ¶

The community commercial ("C-C") district is intended to ensure that development of major and smaller, neighborhood commercial shopping center facilities are planned, designed and implemented in accordance with the best contemporary standards so as to be a commercial and aesthetic asset to the city. The district regulations provide a process for review and approval of the overall shopping center site plan consistent with design guidelines and standards established for that purpose. Property shall be designated in the C-C district only in connection with, and following city receipt of a development application for a community shopping center and a request for rezoning or prezoning to the C-C district. The district provides procedures and standards for modifications of uses and approval of site features and buildings within approved centers. The C-C district is intended to be consistent with areas designated for general commercial or highway commercial uses by the Soledad general plan.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.020 - Master development plan review and approval. ¶

A master development plan, consisting of a development plan and final plan, as described in Sections 17.22.040 and 17.22.050 of this chapter, shall be processed and approved in accordance with the conditional use permit procedures of Chapter 17.42 of this title prior to initial development of a shopping center in the C-C district. This process will establish the master development plan for the center, including the layout of major elements such as building groups, circulation, parking and landscaped areas, and will determine the precise details of architectural design and execution, signing, and lighting. On sites of at least ten acres, the master development plan may include development and/or use regulations for the C-C site in addition to or in lieu of the provisions of this chapter if approved by the city council. However, to the extent that alternative development and/or use regulations are not established by an approved development plan, the requirements of this chapter shall continue to apply. The procedures herein defined shall be in addition to and shall supersede the requirements of Chapter 17.42 of this title where conflicts exist. Master development plan approval shall proceed as set forth below.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.030 - Preliminary review. ¶

Prior to submittal of a development plan for consideration and action, the applicant shall submit preliminary plans showing site layout, proposed design theme, and architectural styles for preliminary review and comment by staff, and by the architectural review committee, planning commission and city council. Preliminary plans shall indicate the relationship and functional aspects of the project, including major building placement and orientation, roadway access and vehicular circulation, parking and major areas to be landscaped. The applicant shall consider and reflect comments received during preparation of a complete application for plan approval.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.040 - Development plans required.

A.

Submission of Development Plan. Following preliminary plan review, a development plan shall be submitted for approval pursuant to this section. The focus of this development plan shall be the architectural, landscaping, signing and lighting details of the project. Development plans shall generally conform to and meet the standards described in the Community Commercial Design Handbook, adopted by resolution of the city council, and which may be amended from time to time. These standards shall be used in addition to development standards of this chapter and shall take precedence where a conflict exists.

B.

Contents of the Development Plan. A development plan shall provide the details of property development and improvements related to site design, architectural treatment, preliminary landscaping, lighting, pedestrian and vehicular circulation and materials and finish. In addition to the application requirements of the Community Commercial Design Handbook, development plan applications shall provide those items

specified by the city's site plan review procedures, Section 17.44.010(A) of this title. Additional information shall be submitted as needed to address the guidelines and standards set forth in the Design Handbook and shall include completion of the checklist contained in the handbook. On building sites of ten or more acres, development plans may also include development regulations and/or a description of uses in addition to or instead of those regulations or uses established by this chapter. Where more than one retail or service business is proposed to operate in a single building or lease area designed for a single business, to the extent possible, the specific building(s) or lease area(s) shall be identified on the development plan. Where development phasing is proposed, a phasing program shall also be provided showing the boundaries, timing and sequencing of development and associated infrastructure improvements within the district.

C.

Development Plan Approval.

1.

A development plan shall be processed in accordance with procedures for a conditional use permit as set forth in Chapter 17.42 of this title except that final approval of the development plan shall be by the city

council. If the planning commission consideration is to recommend city council approval of the plan, it shall report such findings and recommendation to the city council by resolution. If the commission determines to deny the plan, such action need not be forwarded to the council and the commission decision shall become final unless appealed pursuant to Chapter 17.46 of this title.

2.

The planning commission, in recommending approval of the development plan, and the city council, in granting approval, must find the plan consistent with the Soledad General Plan and consistent with the development standards of this chapter and Chapters 17.36 and 17.38 of this title, except as otherwise provided herein, and with the Community Commercial Design Handbook. It is intended that, where conflicts arise between standards established in the code and those of the design handbook, that the Community Commercial Design Handbook shall govern.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.050 - Final development plans. ¶

A.

Content of Final Development Plan. The final development plan shall consist of the development plan as approved and/or modified by the planning commission and city council, including any additional development and/or use regulations governing the C-C site that may have been required by the city council, along with any other detailed plans such as infrastructure improvement plans, landscaping plan and sign program as reviewed and approved by the architectural review committee, and the parking and loading plan. To the extent possible, the final development plan shall also identify the specific building(s) or lease area(s) where more than one retail sales or service business is proposed to operate in a single building or lease area designed for a single business.

B.

Action by City Council. The city council shall review the final development plan and determine its conformity to the approved development plan as previously approved. If it is determined that the final plan substantially conforms to the approved development plan, the final plan shall be approved by resolution. No conditional use permit approved in the C-C district shall be valid and no building permits or other project entitlements shall be granted until approval of the final plan is obtained.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.060 - Expiration of plan and permit approvals. ¶

Master development plans shall expire and be of no further force if an applicant fails to obtain a building permit(s) for construction authorized by such plans within three years from the date of plan approval. Notwithstanding, upon receipt of a request at least sixty days prior to said expiration date, the planning commission may grant an extension on the validity of the plans of up to three years.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.070 - Phased development. ¶

In the event that the applicant intends to develop the project in phases, and the planning commission or city council, as applicable, approves phased development, such plans shall remain in effect so long as not more than three years lapses between the end of one phase and the beginning of the next phase unless other provisions for phasing are set forth in the approved master development plan.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.075 - Major changes to an approved master development plan.

Except as provided in Section 17.22.080 of this chapter, any establishment, expansion, enlargement or alteration of a use which is not in substantial conformance with the terms or conditions of the approved master development plan, is prohibited absent an amendment to said plan.

Final approval of an amendment to a master development plan shall be by the planning commission, unless appealed to the city council. The planning commission in granting approval of such an amendment must find: (1) that the proposed amendment is substantially consistent with the intent and content of the approved plan; (2) that the proposed amendment will be consistent with the general plan; and (3) that the establishment, maintenance or operation of the use will not be detrimental to the health, safety, comfort, convenience or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental to property and improvements in the vicinity or to the general welfare of the city.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.080 - Minor changes to an approved master development plan. ¶

Other provisions of this chapter notwithstanding, an amendment to an approved master development plan shall not be required for the establishment, expansion or alteration of a use in the C-C district within, or contiguous to, an approved shopping center where the community development director finds that such

development or use would pose a minor deviation from the approved master development plan, is in substantial conformity with the intent and provisions of the approved plan, and is limited to the activities listed in this section. In such cases, the community development director may approve the change through the ministerial site plan review process or, at his discretion, may require that an amendment to the master development plan be prepared for consideration by the planning commission as set forth in Section 17.22.075 of this chapter. Minor changes to an approved master development plan shall include:

A.

An increase in existing building floor area from that approved on the development plan of not more than ten percent of the total project floor area, including the construction of minor accessory buildings or appurtenances, provided that any building expansion would not result in one commercial business or use exceeding a gross floor area of one hundred ten thousand square feet except as otherwise provided by and shown on the approved development plan;

B.

An increase in building height of not more than one story so long as the total building height does not exceed thirty-five feet;

C.

Minor changes to architectural facades, or other embellishments;

D.

Revisions to parking layout;

E.

A change in signing programs;

F.

Revisions to site landscaping;

G.

A change in property use to add or replace an existing use with one permitted in the C-C zone, if associated improvements do not exceed the limitations specified in subsections A and B of this section;

H.

Essential public facilities and utilities including water and sewer lines, etc.;

I.

Reconfigurations to building footprints so long as total building square footage remains the same; and

Minor revisions to building placement.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.090 - Permitted uses. ¶

A.

The following uses are permitted in the C-C district subject to site plan review, and when located in a community shopping center approved pursuant to these regulations.

1.

All uses permitted in the C-1 district;

2.

Banks and other financial institutions without drive-through services;

3.

On sites of at least ten acres, any other use included in the approved master development plan as a permitted use, that has been determined by the planning commission or city council to be consistent with the provisions of this chapter and the general plan. Such uses may include uses listed in Sections 17.22.100 and 17.22.120 of this chapter; and

4.

On sites of at least ten acres, more than one retail business operating in a single building or lease area designed for a single business, provided that all additional businesses are accessory to the principal business pursuant to Section 17.22.110 of this chapter.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.100 - Conditional uses. ¶

The following uses shall be permitted in the C-C district subject to a permit as provided for in Chapter 17.42, except as may otherwise be provided for sites of at least ten acres by Section 17.22.090 of this chapter:

A.

Automobile service stations;

B.

Buildings with more than five thousand square feet of gross floor area;

Cocktail lounges when carried on as clearly secondary operations in conjunction with a bona fide restaurant and subject to Chapter 17.38 of this title;

D.

Indoor recreational uses, including, but not limited to, bowling alleys, pool and billiards, and skating rinks;

E.

Day nursery, commercial or institutional, consistent with Section 17.28.060 of this title;

F.

Drive-in restaurant;

G.

Off-sale of liquor products, packaged;

H.

Uses with a drive-through service;

I.

Public and quasi-public buildings, including educational, religious, cultural, civic and recreational centers and similar uses, but excluding corporation yards, storage or repair yards, warehouses and similar uses;

J.

Uses occupying more than five thousand square feet of gross floor area, except that, notwithstanding this provision, this subsection does not apply to those permitted uses allowed by an approved master development plan; and

K.

Any use that the city council determines is consistent with the provisions of this chapter and the general plan and that is not expressly prohibited.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.110 - Accessory uses and structures.

A.

Accessory structures shall comply with all regulations applicable to the principal structure on a site.

B.

Accessory Uses. A use shall be deemed accessory to a permitted use or conditionally permitted use allowed in the C-C district, if the accessory use:

Is subordinate to and serves a principal use;

2.

Is subordinate in area, extent or purpose devoted to the principal use;

3.

Contributes to the comfort, convenience or necessity of occupants of the principal use; and

4.

Is located on the same lot as the principal use.

C.

More than one retail sales or service business conducted within a single building or lease area. Accessory retail or service businesses operating within a single building or lease area shall not exceed forty percent, individually or combined, of the gross floor area approved for the principal business. All such businesses sharing a single building or lease area shall be disclosed to the community development director as early in the planning process as possible, but in no event, later than the time a request for a building permit for said building or lease area has been submitted.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.120 - Prohibited uses. ¶

A.

Except as otherwise provided in subsection B of this section, the following uses are prohibited in the C-C district:

1.

Sales of used items or clothing;

2.

Thrift shops;

3.

Indoor or outdoor flea markets;

4.

Indoor or outdoor farmer's markets;

More than one retail business operating in a single building or lease area designed for a single business.

B.

A master development plan on sites of at least ten acres may establish any use or uses otherwise prohibited by this section as a permitted or conditional use, if approved by the planning commission and city council.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.130 - Property development standards. ¶

The following property development standards and those in Chapters 17.36 and 17.38 of this title apply to all land and structures in the C-C district except as may otherwise be modified by a development plan on sites of at least ten acres approved pursuant to Section 17.22.040 of this chapter.

A.

Lot Area. Subsection M of this section applies.

Lot Dimensions.

1.

Width: No requirements.

2.

Depth: No requirements.

Floor area ratio: 0.40

Building Height.

1.

No building or structure in this district shall have a height greater than two stories, not to exceed thirty-five feet. The height of new structures shall be compatible with adjacent buildings, and, where there are adjoining residences, the height of structures shall be stepped away from residences for privacy protection.

Yards.

Front Yard: Each lot shall have a front yard that is landscaped and maintained extending across the full width of the lot as follows:

Abutting Highway 101 or other state right-of-way — thirty feet.

Abutting a city street — twenty feet.

2.

Side Yard: Each lot shall have side yards that are landscaped and maintained as follows:

Interior lot line — none.

Corner lot line — ten feet.

Adjacent to Highway 101 or other state right-of-way — thirty feet.

d.

Adjacent to residential zone — twenty feet or equivalent to building height whichever is greater.

3.

Rear Yard: Each lot shall have a rear yard extending across the full width of the lot as follows:

a.

Abutting another private property — twenty-five feet or equivalent to building height whichever is greater.

Abutting alley — two feet, with no parking or access.

F.

Space Between Buildings. No requirements.

G.

Lot Coverage. Sixty percent.

Fences, Hedges and Walls. Buffering shall be provided along the property lines of a shopping center when it abuts residential or other sensitive uses in order to protect these uses from light, glare, noise and heat that may be generated by the shopping center. Section 17.36.010 of this title applies. Additional standards are contained in the Community Commercial Design Handbook; these take precedence where in conflict with Section 17.36.010 of this title.

I.

Off-Street Parking. Section 17.36.020 of this title applies.

Access.

1.

there shall be adequate vehicular access from a dedicated and improved street. the access shall be approved by the city engineer.

2.

the city engineer shall specify the location and number of means of ingress and egress to property by conditions established at the time of development plan review.

K.

Signs Section 17.36.030 of this title applies. Additional sign standards are contained in the Community Commercial Design Handbook; these take precedence where in conflict with Section 17.36.030 of this title.

L.

1.

The applicant for any use in this district shall demonstrate to the satisfaction of the city that adequate loading space is provided to serve the use. The location of the loading area shall not create an impediment to on or off-site parking or circulation nor create a hazard to public safety.

2.

Where a loading area abuts a residential use, loading shall be limited to the hours of eight a.m. to six p.m. Otherwise, such area shall be located not less than one hundred feet from such use or be completely enclosed.

M.

Size of New District. Two acre minimum.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.140 - Architectural and Landscaping Design/Community Commercial Design Handbook. ¶

Guidelines and standards for architectural character, building design and finish, signage lighting, walls and fences, site design, site amenities, and landscaping and screening for all development in the C-C district are set forth in the "Community Commercial Design Handbook." The "handbook" is adopted as formal city policy by separate resolution of the city council, and may be amended by resolution from time to time. It is intended that where guidelines and standards set forth in the "handbook" conflict with other provisions of the zoning ordinance, that the "handbook" shall prevail.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

17.22.150 - Site plan review. ¶

Before any parcel is created or any structure, or expansion thereof, is erected in this district, a site plan shall have been submitted to and approved by the community development director, pursuant to the provisions of Chapter 17.44 of this title.

(Ord. 632 § 2 (Exbt. A) (part), 2006)

Chapter 17.24 - C-1 RETAIL CENTRAL BUSINESS DISTRICT

Sections:

17.24.010 - Purpose. ¶

The C-1 retail central business district is intended to (A) implement the downtown specific plan, (B) preserve and enhance older architectural styles, (C) provide an increased variety and density of development, (D) promote pedestrian enjoyment and uses where feasible and (e) provide an area of intensive retail commercial activity. Where there is a conflict between the regulations in this chapter and the downtown specific plan, the regulations in the downtown specific plan shall prevail.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 758, § 2, 10-4-2023)

17.24.020 - Permitted uses. ¶

The following uses, when conducted wholly within a building (or as otherwise specifically allowed by this section), shall be permitted in a C-1 retail central business district:

1.

Antique shops;

2.

Apparel shops;

Artist supply stores and studios;

4.

Auto parts (new);

5.

Bakery, retail;

6.

Barber and hair salons;

7.

Book stores;

8.

Cafes and restaurants, wine and beer only without cocktail lounges;

9.

Ceramic studios;

Delicatessens;

11.

Department stores;

12.

Drug store;

13.

Flower shop;

14.

Fruit and vegetable stores;

Furniture and home furnishings;

Fur shops, dressmaking or millinery shops;

Grocery stores;

Gymnasiums;

Hardware, homeware, gift shop;

Hobby and toy shop;

Ice cream; 22.

Institutions of a philanthropic nature, except correctional and mental;

Jewelry;

Laundromat and dry cleaners (nonflammable chemicals);

Leather goods;

Libraries;

Music, records, television, radio, (retail only);

Newspaper stands;

Personal and business service establishments;

Pet shop;

31.

Photographic studios and supplies;

Professional and administrative offices;

Public parking lots;

Shoe repair;

Shoe store; 36.

Specialty shops; 37.

Sporting goods; 38.

Tobacco shops;

Tailor; 40.

Telephone booths; 41.

Variety stores;

Video cassette rental;

Yardage, drapery.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.24.030 - Conditional uses. ¶

The following uses may conditionally be allowed in a C-1 district subject to the issuance of a conditional use permit in each case. All uses are subject to the property development standards in Section 17.24.040:

A.

Accessory buildings and structures not attached to the main building;

B.

Automotive service and repair establishments whose business is confined to minor service and repair work, does not include major repairs such as overhauls or replacements in motors, transmissions, welding or similar operations;

C.

Banks and other financial institutions;

D.

Bus terminals;

E.

Cafes and restaurants with cocktail lounges (see Section 17.38.040);

Card rooms;

G.

Lodges, clubs if located on second floor or above;

H.

Medical clinics;

I.

Minimarkets;

J.

Mortuaries;

Movie houses;

L.

Off-sale liquor stores;

M.

Pawn shops;

N.

Single-room occupancy hotels and boardinghouses;

O—Q.

Reserved.

Pool halls;

S.

Public and quasipublic buildings (including educational, religious, cultural or public) but not including corporation yards, storage or repair yards, warehouses and similar uses;

Radio and television broadcast studios;

U.

Video games (subject to Chapter 5.16);

V.

Any other retail business or service establishment which the planning commission finds to be consistent with the purposes of this chapter and the downtown specific plan.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 758, § 2, 10-4-2023)

17.24.040 - Property development standards. ¶

The following property development standards and those in Chapter 17.36 apply to all land and structures in the C-1 district:

A.

Lot Area. No requirements.

Lot Dimensions.

1.

Width: No requirements.

2.

Depth: No requirements.

C.

Population Density. No requirements, except in the portion of the C-1 district that corresponds to the downtown core zone of the downtown specific plan. In that area, the density shall not exceed one dwelling unit for each one thousand four hundred fifty-two square feet of lot area or thirty dwelling units per acre.

D.

Building Height. The maximum height of any building shall be thirty-five feet or two stories, whichever is less, except in the portion of the C-1 district that corresponds to the downtown core zone of the downtown specific plan. The maximum height in that area shall be four stories.

Yards.

1.

Front yard: No requirements;

2.

Side yard: None required; provided, that if a side yard is contiguous to a residential district, then the yard shall not be less than ten feet. The yard shall be landscaped and maintained;

3.

Rear yard: None required; provided, that if a rear yard is contiguous to a residential district and there is no alley, then such rear yard shall not be less than ten feet; provided further, that when a building abuts an alley and access to the same is from the alley, then such building shall not be located closer than thirty feet from the opposite side of the alley.

F.

Space Between Buildings. No requirements.

G.

Lot Coverage. No requirements.

Fences, Hedges and Walls. Adequate buffering shall be provided between residential and nonresidential uses to protect the residential use from noise, light and glare that may be generated by the nonresidential use. The type, amount and location of said buffering shall be determined by the director during site plan review. See also Section 17.36.010.

I.

Off-Street Parking. Section 17.36.020 applies.

Access.

1.

There shall be adequate vehicular access from a dedicated and improved street. The access shall be approved by the city engineer.

2.

The city engineer shall specify the location and number of means of ingress and egress to property by conditions established at the time of review of the required site plan.

K.

Signs. Section 17.36.030 applies.

L.

1.

2.

Where a loading area abuts a residential use, loading shall be limited to the hours of eight a.m. to six p.m. Otherwise such area shall be located not less than one hundred feet from such use or be completely enclosed. Refrigeration units shall be shut off.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 758, § 2, 10-4-2023)

17.24.050 - Site plan review. ¶

Before any building or structure is erected on any lot in this district, a site plan shall have been submitted and approved by the director, pursuant to the provisions of Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.26 - C-2 GENERAL COMMERCIAL DISTRICT

Sections:

17.26.010 - Purpose. ¶

The C-2 general services district is intended to provide a district for vehicular-oriented uses with architectural and landscaping controls to protect the amenities of the area and to allow for the heavier types of commercial and semi-industrial uses which do not depend on pedestrian traffic and are more appropriately located away from the central business district.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.26.020 - Permitted uses. ¶

The following uses shall be permitted within wholly enclosed buildings (or as otherwise allowed by this section):

A.

Any use permitted in a C-1 district;

B.

Print shop;

C.

Automobile upholstery shops;

D.

Large appliance repair and sales store (no outdoor storage);

E.

Light manufacturing uses, such as cabinet shops, provided that there is no vibration, noise or odor emitted from the property;

F.

Secondhand goods sales (all goods displayed, sold and stored within a completely enclosed building).

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.26.030 - Conditional uses. ¶

The following are conditional uses in the C-2 district:

A.

Any uses permitted in a C-1 district subject to the approval of a conditional use permit;

B.

Farm implement rental and service;

C.

Automobile, recreational vehicle, boat sales;

D.

Microwave facilities;

E.

Car washes;

F.

Building material sales;

G.

Wholesale stores and incidental warehousing;

H.

Outdoor storage in conjunction with a permitted or conditionally permitted use;

I.

Any other use that the planning commission determines is similar to the above uses.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.26.040 - Property development standards. ¶

The following property development standards and those in Chapters 17.36 and 17.38 apply to all land and structures in the C-2 district:

A.

Lot Area. No requirements.

B.

Lot Dimensions. No requirements.

Population Density. No requirements.

D.

Building Height. The maximum height of any building shall be thirty-five feet or two stories, whichever is less.

Yards.

1.

Front yard: No requirements.

2.

Side yard: None required; provided, that if a side yard is contiguous to a residential district, then the yard shall not be less than ten feet. The yard shall be landscaped and maintained.

3.

Rear yard: None required; provided, that if a rear yard is contiguous to a residential district and there is no alley, then the yard shall be not less than ten feet; provided further, that when a building abuts an alley and access to the same is from the alley, then such building shall not be located closer than thirty feet from the opposite side of the alley.

F.

Space Between Buildings. No requirements.

G.

Coverage. No requirements.

H.

Fences, Hedges and Walls. Adequate buffering shall be provided between residential and nonresidential uses to protect the residential uses from noise, light and glare that may be generated by the nonresidential use. Type, amount and location of the buffering shall be determined by the director during site plan review. See also Section 17.36.010.

I.

Off-street Parking. The provisions of Section 17.36.020 apply.

J.

Access. There shall be vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities, the design of which shall be approved by the city engineer.

K. Signs. Section 17.36.030 applies.

L.

Loading. The following standards for loading space apply:

1.

2.

If a loading space abuts a residential use, loading shall be limited to the hours of eight a.m. to six p.m. Refrigeration units shall be shut off.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.26.050 - Site plan review. ¶

Before any building or structure is erected on any lot in this district, a site plan shall have been submitted to and approved by the director, pursuant to Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.28 - H-C HIGHWAY COMMERCIAL DISTRICT

Sections:

17.28.010 - Purpose. ¶

The purpose of the H-C district is to provide a district for vehicular-oriented uses with sufficient architectural and landscaping controls to protect the amenities of the area.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.28.030 - Conditional uses. ¶

The following are conditional uses in the H-C district:

A.

Banks and other financial institutions;

B.

Bowling alleys, skating rinks and similar recreational facilities;

C.

Building materials, supplies;

D.

Car wash;

E.

Caretaker's residence in conjunction with an allowed use;

Clubs, lodges, community centers;

Cocktail lounges, in conjunction with a restaurant;

Farm machinery sales and service;

I.

Gasoline service stations/minimarkets;

General offices;

Grocery stores;

Minimarket;

Ministorage;

N.

New and used motor vehicle sales and service;

Plant nurseries;

Recreational vehicle and boat sales and service;

Q.

Restaurants, including drive-ins;

R.

Small-animal veterinary hospitals;

S.

Reserved.

Tire sales and service;

Truck sales and service;

Truck terminals;

Visitor accommodation facilities;

X.

Any similar use which the commission find to be consistent with the intent of this chapter and the general plan.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.28.040 - Property development standards.

The following are property development standards in the H-C district:

A.

Lot Area. No requirement.

Lot Dimensions.

Width: No requirements.

Depth: No requirements.

C.

Population Density. No requirements; however, Chapter 17.40 applies for existing residences.

D.

Building Height. The maximum building or structural height of all buildings is forty feet except that a height of up to fifty feet for buildings located outside of the downtown specific plan area boundaries is allowed subject to approval of a conditional use permit. Notwithstanding the aforesaid provision, any portion of a building located within twenty feet of any lot in a residential (R-) district shall be limited to a maximum height of forty feet.

E.

Yards.

1.

Front Yard. Each lot in the H-C district shall have a front yard, extending the full width of the subject property, of not less than ten feet, except that a landscaped yard of less than ten feet width may be approved by the planning commission where the total landscaped yard area is the same as that which would result from application of the minimum yard requirement. The yard shall be landscaped and maintained. Parking shall not be permitted in a front yard area.

2.

Side Yard. None required, unless an H-C district is contiguous to an R district; then, ten feet.

3.

Rear Yard. None required, unless an H-C district is contiguous to an R district; then, ten feet; provided further, that when a building abuts an alley and access to the building is from the alley, then the building shall not be located closer than thirty feet from the opposite side of the alley.

F.

Space Between Buildings. No requirements.

G.

Lot Coverage. The maximum coverage of the lot by all structures shall not exceed sixty percent.

H.

Fences, Walls, Hedges. A buffer shall be provided along the district boundary between the H-C district and any residential district. The amount, type and location shall be determined by the director at the time of site plan review. See also Section 17.36.010.

I.

Off-Street Parking. Section 17.36.020 applies.

Access.

1.

There shall be adequate vehicular access from a dedicated and improved street. The access shall be approved by the city engineer.

2.

The city engineer shall specify the location and number of means of ingress and egress to property by conditions established at the time of review of the required site plan.

Signs. Section 17.36.030 applies.

1.

The applicant for any use in this district shall demonstrate to the satisfaction of the city that adequate loading space is provided to serve the use. The location of the loading area shall not create an impediment to or off-site parking or circulation nor create a hazard to public safety.

(Ord. 643 § 1, 2007; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.28.050 - Site plan review.

Before any structure is erected within this district, a site plan shall have been submitted to and approved by the director, pursuant to Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

CHAPTER 17.30 - INDUSTRIAL DISTRICTS[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 670, § 2, adopted May 5, 2010, repealed the former Chapter 17.30, §§ 17.30.010 —17.30.060, and enacted a new Chapter 17.30 as set out herein. The former Chapter 17.30 pertained to

the M industrial district and derived from Ord. No. 445, 1986.

17.30.010 - Purpose. ¶

The industrial zones are intended to provide locations devoted primarily to industrial and related uses and development where manufacturing and other industries can locate and operate away from the restricting influences of non-industrial uses, while maintaining an environment reasonably free from offensive or objectionable, dust, noise, odor or other nuisances.

(Ord. No. 670, § 2, 5-5-10)

17.30.020 - Industrial use districts. ¶

The following districts are intended to implement the general plan's industrial land use designation:

A.

Business Park Zoning District (BP). The business park (BP) zone provides for and designates areas suitable for primarily light industrial uses, office uses, and limited commercial uses, including warehouse or large format retail, with all uses conducted primarily within enclosed buildings or structures. This district provides for both smaller office structures and as well as business park complexes or campuses characterized by enhanced architectural and landscaping treatment.

B.

General Industrial Zoning District (M). The general industrial (M) zone provides for and designates areas suitable for a broader range of light industrial and commercial service type uses, including manufacturing, processing, wholesale distribution and warehousing and similar uses.

(Ord. No. 670, § 2, 5-5-10)

17.30.030 - Allowable uses—Permitted and conditional uses. ¶

Table 17.30-1 below identifies allowable uses in the industrial districts, contingent upon compliance with all other provisions of this title and all other applicable regulations of this code. It is the intent of this chapter to group similar or compatible land uses and to categorize them as either a permitted use or a conditional use authorized by approval of a conditional use permit (CUP) in the respective industrial district. Uses not listed as permitted or conditional are not allowed except where the uses are first determined by the director or by the commission, upon referral by the director, as materially similar to those uses permitted or conditionally permitted in the zone.

Permitted use—indicated as "P";

Conditionally permitted use—indicated as "C"; and

Uses not allowed—indicated as "N."

Certain uses listed in Table 17.30-1 lack notation indicating whether such uses are allowable or not allowed. Noted uses are allowed only as an accessory use that is clearly incidental to the principal use on

the site, subject to any floor or lot area limitations and all other provisions of this chapter.

TABLE 17.30-1 ALLOWABLE USES

Principal Land Use	BP District	M District	Additional Use Regulations
Residential Uses
Caretaker dwelling unit	C	C	Section 17.38.045.
Live-work unit	N	C
Employee housing	C	C	Maximum of thirty-six beds in group quarters or twelve units or spaces
Public and Semi-Public Uses
Ambulance service	P	P
Clubs and lodges	P	N
Day care center			Applies to day care for adults or children.
• Institutional	C	N	Section 17.38.050.
• Commercial or non-proft stand- alone facilities	P	N	Day care centers allowed only as an accessory use in "M" district.
Government ofce	P	P
Hospital	C	C
Medical clinic—Urgent care and outpatient facility	P	C	Excludes medical marijuana dispensaries.
Open space, parks and recreational facilities	P	P
Public safety facility	P	P
Public corporation yard	C	P	Section 17.30.060(D).
Religious assembly	C	C
School—Trade or specialized training	P	P
School—Post secondary education	C	N
Social service facilities:
• Substance abuse recovery and treatment facility	P	P
• Community food center	P	P
• Emergency shelter—50 beds or fewer	P	P	Exclusive of disaster relief facilities. Section 17.30.070.
---	---	---	---
• Emergency shelter—50+ beds	C	C	Exclusive of disaster relief facilities. Section 17.30.070.
• Social services agency—Welfare, charitable, emergency and relief, family, senior and youth	P	P
Transportation, Utilities and Telecommunications Facilities
Antenna, wireless communication	P	P	Endnote (1)
Bus stop shelter	P	P
Bus or truck maintenance facility or fueling station	N	P
Broadcasting and recording studio	P	P
Park and ride lot	C	P
Parking structure, multi-storied or underground	C	C
Satellite earth station	P	P	Endnote (1)
Tower, communication	C	P	Endnote (1)
Transit station or terminal	C	P
Utilities—Major	N	C	Includes power generation facilities, electrical substations and transmission lines, and similar large-scale facilities.
Utilities—Minor	P	P	Includes utility distribution lines/structures, drainage facilities, wells, water tanks, and pump stations, etc. All new utility lines shall be placed underground.
Wind Turbine
• Roof- or Building-Mounted	P	P	Endnote (12)
• Freestanding tower	C	C	Endnote (12)
Agricultural Uses
Crop production and similar agricultural activities	N	C	Endnotes (2) and (3)
Greenhouse	N	C	Endnote (3)
Animal husbandry	N	N	Endnote (2)
---	---	---	---
Stable and other equine-related facilities	N	N	Endnote (2)
Commercial Uses—Sales and Services
Agricultural-related establishment— Sales and services	C	C
Animal services and related uses:
• Animal boarding and kennel	C	P
• Animal hospital/veterinary clinic	C	P	Section 17.38.280
• Animal supply establishment, retail sales	C	P	Includes feed stores. Section 17.30.060(D).
Art studio	P	P
Auto and vehicular sales and/or service:
• Automotive rental and leasing	C	P
• Automotive repair, minor	P	P	All work performed within an enclosed structure.
• Automotive repair, major (including body work)	C	P	All work performed within an enclosed structure.
• Truck, boat and RV sales and Leasing	C	C	Endnote (4)
• Automotive and vehicular storage	C	P	Storage of operable vehicles only. Endnote (6). Section 17.30.060(D).
• Automotive towing and road service	C	P	Endnote (6).
• Auto washing and detailing	C	P	Chapter 13.52,Stormwater Quality.
Building materials/home improvement sales and services, large format	C	C	90,000+ square feet of foor and sales area. Section 17.30.060(D).
Building materials/home improvement sales and services, small	P	P	Less than 90,000 square feet of foor and sales area. Section 17.30.060-D.
Business support service	P	P	Includes printing, photo processing, photocopying, courier service, etc.
Cabinet or woodworking shop	P	P	All work performed within an enclosed structure.
			Outdoor storage limited in BP district— Endnote (6).
---	---	---	---
Catering service	P	P
Contractor's establishment	P	P	Outdoor storage limited in BP district— Endnote (6).
Equipment, construction, farm and heavy—Sales, services and rentals	C	P	Endnote (6). Section 17.30.060(D).
Equipment, small—Maintenance and repair	P	P	All work performed within an enclosed structure.
Fitness/health club or gym	P	P
Food and beverage sales:
• Convenience store	N	N
• Restaurant, café, cofeehouse		C	Allowed as an accessory use in the BP District End Note (7). In an M district, restaurants, drive through/drive-in facilities, cafes, cofeehouses allowed through a CUP.
• Supermarkets/grocery store	N	N
• Specialty food shop			Allowed as accessory use only in industrial districts. May be established as separate facility on same site as principally permitted use subject to foor area limitations—See Endnote (7).
• Mobile food vendor	P	P	Chapter 5.40 of the SMC.
• Warehouse/large format retail	C	C	Retail uses with 90,000 + square feet of foor and sales area.
Hotel, Motels (short-term rental)		C	Allowed as a conditional use in the M district. Rental rooms cannot exceed more than 30 days.
Laboratory, medical and dental	P	P
Landscaping materials sales and service	C	P	Endnote (6)
Nursery	C	C	Endnote (6)
Ofce:			Administrative and business ofces allowed as accessory use only in "M"- District—See Endnote (5).
• Business and professional	P
• Medical and dental	P	N
---	---	---	---
Personal storage (mini-storage)	C	P	Endnote (6)
Retail Sales			Retail sales, other than those specifc uses identifed by this section as allowable uses are allowed as accessory use only in industrial districts —Endnote (7).
Retail—Warehouse/large format	C	C	Retail uses with 90,000 + square feet of foor and sales area.

Principal Land Use	BP District	M District	Additional Use Regulations
Service station:
• With accessory retail	P	P
• With mini-mart	C	C
• With vehicle maintenance and repair	C	P	In the BP district, all work to be performed within an enclosed structure.
Taxi and limousine service	P	P
Wine- or beer-tasting room			Allowed as accessory use only in industrial districts.
Entertainment and Recreational Uses
Adult entertainment business	N	C	Chapter 17.38
Indoor sports and recreation, limited	P	P	Limited types of sports and recreational uses dependent on warehouse structural format are allowed—e.g., rock-climbing, skate-boarding, indoor soccer, go-cart racing, etc.
Outdoor sports and recreation, commercial			Allowed as accessory use only in Industrial Districts.
Live entertainment/dances	N	N	Allowed as temporary use only pursuant to Section 17.42.015.
Manufacturing, Processing and Other Industrial Uses
Agricultural processing facility	C	C	Exclusive of wineries (listed separately). In the BP district, all work performed within an enclosed structure. Slaughter facilities prohibited.
Construction/corporation yard	N	P	Public corporation yard allowed in BP district with CUP. Section 17.38.220.
Crematory	N	C
---	---	---	---
Handcraft industry and small-scale manufacturing	P	P
Hazardous materials handling	C	C	Endnote (8)
Light manufacturing	P	P	Endnotes (8) and (9)
Laundry, commercial	P	P
Machine/welding/metal working shops	C	P	All work performed within an enclosed structure.
Microbrewery	C	P	Brewery that produces no more than 9,000 barrels of beer annually
Outside uses, industrial	N	C
Printing and publishing	P	P
Recycling facilities:
• Small collection facility	P	P	Endnote (10)
• Large collection facility	N	C	Endnote (10)
• Reverse vending machines	P	P
• Processing facility	N	C
• Salvage and dismantling facility	N	C	Endnote (10)
• Composting	N	C	Composting of plant materials only.
Research and development	P	P	All work performed within an enclosed structure.
Truck Depot	N	C
Warehousing and storage:
Warehousing	P	P	CUP required for any warehousing/sales of frearms. Endnote (11).
Wholesaling and distribution	P	P	CUP required for wholesaling of frearms.
Waste facilities, municipal:
• Transfer stations (municipal waste)	N	C
• Waste treatment and disposal	N	C
Winery, large	N	C	Wineries with production of more than 10,000 cases of wine annually.
Winery, small	C	P	Wineries producing 10,000 cases or less annually.
---	---	---	---
Accessory and Support Uses
Automated teller machines (ATMs)	P	P	ATM's allowed only when completely enclosed in building.
Accessory uses, facilities and activities customarily associated with or essential to allowed uses, and operated incidental to the principal use.	P	P	Size and foor area limitations as specifed by Endnotes (5), (6) and (7).

---	---
Endnotes:
(1)	Design review approval required for co-location on existing towers, and for all satellite earth stations and new communication structures or expansion of such structures.
(2)	Stockyards are not allowed. Animal husbandry and stables are prohibited due to potential contamination of agricultural produce from E. coli bacterium.
(3)	Produce sales allowed as accessory use.
(4)	Vehicle sales or rentals and services in the industrial districts shall be limited to large vehicles only, including commercial trucks, buses, trailers, campers, boats and mobile homes.
(5)	In the M district, accessory business and administrative ofces shall be limited to thirty percent of the gross foor area of all buildings on a site or two thousand fve hundred square feet, whichever is less, when considered in aggregate with all other accessory and incidental uses. Exceptions may be allowed through approval of a conditional use permit for large-scale industrial complexes provided that the aggregate total of all ofce, retail and restaurant ancillary uses does not exceed thirty-fve percent of the gross foor area.
(6)	In the BP district, outside storage areas amounting to not more than ten percent of the total parcel or building site area is allowed as an incidental and accessory use. This size limitation does not apply to permitted or conditionally permitted uses involving the storage of plants, vehicles/large equipment for sale, storage or lease, or other for-sale goods and materials related to landscaping and building construction. All outdoor storage must be in compliance with the requirements of Section 17.30.060(D).
(7)	With the exception of those uses identifed as permitted or conditionally permitted, retail sales, on-site restaurants and other food establishments involving the sales of pre-packaged foods and/or foods prepared onsite are allowed only as an incidental and accessory use in the BP District. Retail sales, on-site restaurants
	and other food establishments involving the sales of pre-packaged food and/or foods prepared onsite are allowed as an accessory use through a CUP in the M District. Incidental uses are limited to thirty percent of the total square footage of all buildings on a site in aggregate, or two thousand fve hundred square feet, whichever is less. Exceptions may be allowed through approval of a conditional use permit for large-scale industrial complexes or operations where additional foor area for retail or food establishments are needed to serve the employee population, provided that the aggregate total of all such ancillary uses, including ofces, does not exceed thirty-fve percent of the gross foor area.
---	---

Principal Land Use	BP District	M District	Additional Use Regulations
(8)	A CUP is required for all uses involving the handling of hazardous materials that are subject to the requirement for a risk management prevention program as defned by the California Health and Safety Code, Section 25534. Semi-conductor manufacturing is an example of such a regulated use.
(9)	Light manufacturing includes but is not limited to: The manufacture, testing and assembly of electronic and communication equipment and products, optical equipment and devices, fabric products, food and beverage products, furniture and fxtures, and pharmaceuticals; metal products fabrication, and similar uses. The manufacture of food products excludes the processing and/or production of meat or fsh products or fats and oils.
(10)	Small collections facilities shall not exceed fve hundred square feet in size. Facilities larger than fve hundred square feet shall be classifed as large collection facilities. Salvage and wrecking operations shall not adjoin or be visible from U.S. Highway 101 or from any residential or commercial district.
(11)	Warehousing: With the exception of propane or gasoline engine or storage tanks, or any boat or vehicle containing these components, or incidental or other allowable outside storage pursuant to Endnote (6), all storage shall be conducted within a completely enclosed structure in the BP district. All propane or gasoline components shall be stored in designated screened areas. No retail sales are allowed.
(12)	(a) Number of wind energy systems: One wind energy system allowed on each parcel; two or more wind energy systems may be allowed subject to approval of a conditional use permit and compliance with development standards of this section. (b) Location: No free-standing wind turbine shall be located closer than three hundred ffty feet from any residential district. (c) Setback: The minimum setback from all property lines to the base of the tower shall be equal to one hundred ffteen percent of the total height of the wind energy system. (d) Maximum height of roof or building-mounted systems: No more than ffteen feet above the structure ridgeline. Exceptions to height limitations may be allowed through approval of a conditional use permit. (d) Maximum height of roof or building-mounted systems: No more than ffteen

feet above the structure ridgeline. Exceptions to height limitations may be allowed through approval of a conditional use permit.

(Ord. No. 670, § 2, 5-5-10; Ord. No. 746, § 3, 7-20-2022; Ord. No. 759, § 3, 11-15-2023)

17.30.040 - Other prohibited uses. ¶

Uses not specifically identified in Table 17.30-1 above are prohibited unless determined to be materially similar to other permitted or conditionally permitted uses by the director or the commission upon appeal. Notwithstanding those uses designated as "permitted" or "conditional" in Table 17.30-1, the commission or council may deny certain uses which are determined to pose a danger or hazard to the public or will not comply with the pollution control standards specified in Section 17.38.240.

(Ord. No. 670, § 2, 5-5-10)

17.30.050 - Property development standards. ¶

TABLE 17.30-2: DEVELOPMENT STANDARDS

Development Regulation	Industrial Business Park District	M — Industrial District	Additional Regulations
Lot size— Minimum	10,000 square feet	1 acre
Lot width— Minimum	75 feet (50 feet for cul-de-sac frontage)	100 feet (70 feet for cul-de-sac frontage)
Lot depth— Minimum	120 feet	150 feet
Building setbacks — Minimum distance			Section 17.08.050—Projections into required yard areas.
a. Front yard	20 feet	10 feet	Required front yard shall be landscaped except for driveways, walkways and parking for employees and customers, provided that any such parking is located within the interior 10-foot portion of the required front yard only. Reduction of landscaped front yard in BP District to 10 feet may be allowed through approval of a conditional use permit.
b. Interior side yard	0	0	In the BP district, a minimum 15-foot landscaped setback is required for any side yard abutting a residential district. This landscaped setback shall be increased to 25 feet in
			the M district for any side yard abutting a residential or commercial district.
---	---	---	---
c. Street side	20 feet	10 feet	Required street side yard shall be landscaped except for driveways, walkways and parking for employees and customers, provided that any such parking is located within the interior 10-foot portion of the required front yard only. Reduction of landscaped street side yard in BP District to 10 feet may be allowed through approval of a conditional use permit.
d. Rear yard	0	0	Minimum landscaped yard shall equal that required for the front yard for rear yards abutting public or private streets or alleys, except that any rear yard that is a boundary between an M district and any residential district shall be a minimum of 15 feet.
Height— Maximum	50 feet	50 feet	Section 17.08.040—Exceptions to height limits allowed by use permit.
Height— Maximum at property line	35 feet	35 feet	An additional 1.5 feet of building height is allowed for each foot of interior side or rear yard setback provided.
Floor area ratio (FAR)—Maximum	0.6	0.6	Exception allowed for day care as accessory use—Floor area for day care may be excluded from FAR.

(Ord. No. 670, § 2, 5-5-10)

17.30.060 - Additional property development regulations. ¶

A.

Fences Walls, and Hedges. The requirements of Section 17.36.010 apply except as otherwise modified by this section.

1.

Maximum Height. Eight feet shall be the maximum height for all fences, walls or hedges except in required front or street (corner) side yards where the maximum height shall be four feet subject to the sight visibility requirement of Section 17.36.010.

2.

Minimum Standards for Fences Along Street Frontages. Fences or walls located within or adjacent to the required minimum front or street side yard and/or rear yard abutting a public street or highway right-of-way shall be constructed of either: (a) a solid architectural wall compatible wall compatible with the building colors and materials; or ( b) a solid fence with landscaping on the exterior side; or (c) a tubular steel or similar quality 'visually transparent' style, subject to design review approval by the director.

3.

Minimum Standards for Fencing Adjacent To Residential Districts. Fencing located adjacent to a residential district or residential use (except where located within a required front or side street yard and/or abutting a public right-of-way) shall be screened by a minimum six-foot high masonry wall.

4.

Exceptions Allowed. Exceptions to the standards of this subsection may be approved by the architectural review committee or commission.

B.

Landscaping—Site and Parking Lot. Chapter 15.10 and Section 17.36.020 apply.

C.

Screening.

1.

Screening of Mechanical Equipment. All mechanical equipment, other than solar panels, shall be screened on all sides from view from right-of-ways or pubic use areas. Equipment to be screened includes, but is not limited to, air compressors, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers. Wind turbines in all industrial districts and operating mechanical equipment in the "M" district located more than one hundred feet from a park or school site or from a commercial or residential district boundary are excluded from this requirement unless otherwise required through design review or a conditional use permit.

2.

Outdoor Storage and Loading Facilities. Screening is required for all outdoor storage areas and truck bays/loading dock areas in order to adequately minimize visibility from a public street or other public use area.

D.

Outdoor Storage. Outdoor storage shall be located outside the required front and street side and rear yards. Where outdoor storage areas for materials and equipment, other than for-sale items and goods, would be visible from a public right-of-way or from a similar public use area, these areas shall be entirely enclosed with a masonry wall or solid fence, a minimum of six feet in height, and with landscaping on the exterior side of wall or fence, subject to approval of the director. Stored materials shall not exceed the height of the wall except where such storage would not be visible from a public street or other public use area, subject to approval of the director or commission. For other outdoor storage areas not visible from a public right-of-way or public use area, other forms of screening may be used, such as chain link fencing with or without landscaping, subject to approval of the director or commission.

E.

Trash Enclosures. In the BP district, all solid waste and recycling facilities shall be screened on all sides by a solid wood or masonry wall at least six feet in height. In the M district, all solid waste and recycling facilities that would be visible from a public street or from a residential or highway commercial district shall be screened on all sides by a solid wood or masonry wall at least six feet in height.

F.

Access. There shall be adequate vehicular access from a dedicated and improved public street to off-street parking and loading facilities The location, design and number of driveways and project-related frontage improvements shall be determined by the city engineer at the time of review of the required site plan, subject to approval by the director or commission pursuant to Chapter 17.44.

G.

Off-street Parking. The off-street parking requirements of Section 17.36.020 apply except for the following parking reduction allowed by this section:

Developments which provide additional secure bicycle parking over and above the minimum requirement may reduce the parking requirement by one vehicle space for every four additional bicycle spaces provided with a standard stationary bicycle rack. The maximum reduction resulting from the provision of bicycle parking that may be approved by the director or commission is two percent of required off-street parking.

H.

Bicycle Parking. In addition to the off-street parking requirements of Section 17.36.020, all commercial uses having an off-street parking requirement of ten or more spaces shall provide secure bicycle parking at a minimum of ten percent of the requirement for off-street vehicle parking spaces. An exception to this requirement may be approved by the director or commission for those uses which provide services to customers off-site or which otherwise can justify a reduced requirement for bicycle parking.

I.

Off-street Loading. With the exception of office uses, commercial and industrial uses with more than five thousand square feet of floor area shall provide off-street loading in compliance with the provisions of this section. Office uses constituting the principally permitted use and having a floor area greater than ten thousand square feet shall provide at least one off-street loading space in compliance with the dimension provisions of this section unless an exception is granted by the director or commission, based upon adequate supporting evidence, that a smaller loading space is adequate to serve the proposed use. Offstreet loading shall be restricted for loading purposed only and not counted toward meeting off-street parking requirements.

1.

4.

Adequate interior and exterior lighting;

5.

Secure areas for personal property;

6.

Posted hours of operation near the facility entrance; and

7.

Other features or measures as recommended by the police chief prior to zoning compliance approval by the director pursuant to Section 17.42.010 of this title.

17.32.020 - Permitted uses. ¶

The following uses are permitted in an OS open space district: Crop and tree farming, pasturage for livestock.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.32.030 - Conditional uses. ¶

The following uses may be conditionally allowed in an OS district, subject to the issuance of a use permit in each case:

A.

Golf courses and related facilities;

B.

Private parks and recreational facilities;

C.

Public parks and recreational uses;

D.

Any other use which in the opinion of the planning commission would be compatible with the purposes and objectives of the district.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.32.040 - Property development standards. ¶

There are no property development standards in the OS district.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.32.050 - Site plan review. ¶

Before any building or structure is erected on any lot in this district, a site plan shall have been submitted to and approved by the director, pursuant to Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.34 - PF PUBLIC FACILITY DISTRICT

Sections:

17.34.010 - Purpose. ¶

The PF public facility zone is intended to provide for the wide range of public uses likely to be located on public property. Public uses are those conducted by governmental or nonprofit agencies; however, this zone will also provide for complementary private and commercial uses which will provide a public benefit. The zone is further intended to protect neighboring private uses from potentially incompatible public uses.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.34.020 - Conditionally allowed uses. ¶

The following uses may be conditionally allowed in a PF public facility district, subject to the issuance of a use permit in each case:

A.

Public parks and playgrounds, camping and picnic areas;

B.

Public schools, and nonprofit private schools;

C.

Governmental offices, meeting rooms and facilities;

D.

Libraries, museums, galleries, exhibition buildings;

E.

Churches;

F.

Water and wastewater treatment plants; landfill and incineration sites;

G.

Police and fire stations and training facilities;

H.

Bus terminals, garaging and maintenance;

I.

Highway and road maintenance yards;

J.

Utility company and public agency corporation yards;

K.

Transmitting, receiving and relay communications structures;

L.

Hospitals and medical offices and facilities; rest homes and sanitariums;

M.

Welfare and charitable services;

N.

Recreation and community centers, child day care facilities, senior citizens centers;

O.

Public automobile parking not associated with a principal use;

P.

Entertainment and sports facilities, other than playing fields, including but not limited to theaters, auditoriums, stadiums and racetracks.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.34.030 - Site plan review. ¶

Prior to the erection of any structure or the commencement of any use in this district, a site plan shall be submitted to and approved by the director in accordance with Chapter 17.44.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.36 - PROPERTY DEVELOPMENT STANDARDS

Sections:

17.36.005 - Applicability. ¶

The standards set out in this chapter apply to all uses in all districts.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.36.010 - Fences, hedges and walls.

A.

Dangerous Areas. A fence or wall shall be constructed along the perimeter of all areas considered by the council to be dangerous to the public health and safety. The height of such wall shall be determined by the council in relation to the danger or hazard involved. The fence or wall may be required when a use requires a permit or at the discretion of the council according to the danger or hazard involved.

B.

Permitted Materials.

1.

Fence materials may include wood, wire mesh, steel mesh, chain link, louvered glass, stake and other similar materials.

2.

Wall materials shall include concrete, concrete block, wood or any other similar materials that are solids and are so assembled as to form a solid barrier.

3.

Barbed wire, aluminum, fiberglass metal siding shall not be used as fencing materials. An architectural approval as per Section 17.08.030 may be granted by the planning director to use such material based on the need for the type of fence, design compatibility of the fence, and approval of the adjoining property owner if on an interior property line. Nonconforming status shall not be provided for fences constructed of these materials.

4.

All fences/walls shall be maintained so as not to create a public health, safety, welfare or visual problem.

C.

Sight Distance Requirements. Adequate sight distance shall be maintained at all intersecting streets or highways, driveways intersecting a street or alley, and alleys intersecting a street. Building setback and fence height regulations may be modified by the director or the planning commission if it is determined that

such action is necessary to insure adequate sight distance. Landscaping shall be maintained so as not to hinder sight distance.

D.

Fencing Adjoining Public Alleys and Drainage Channels. A site plan approval may be granted for the construction of fences or walls conforming to Section 17.36.010 of up to eight feet zero inches in height on all residentially zoned property adjoining public alleys or drainage channels. Fences shall not extend into front or street side yards unless a conditional use permit is approved by the planning commission.

(Ord. 542 § 2 (Exbt. A), 1994; Ord. 509 § 2, 1991: Ord. 445 § 2 (Exbt. A) (part), 1986)

17.36.020 - Off-street parking.

A.

Number of Spaces Per Use. The off-street parking requirements set out in Table 17.36.020 apply to the residential uses described in the table with respect to buildings erected and new uses commenced after February 17, 1974. For any use not specifically mentioned in this subsection, the planning commission shall determine the amount of parking required. All facilities shall be on-site unless specified differently. The parking requirements set forth in this section may be reduced below the stated requirements when the planning commission, or on appeal the city council, finds that because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the requirements would deprive the subject property of privileges enjoyed by other properties of the same kind in the vicinity, and where it finds that such variance or reduction is consistent with the purpose and intent of this section

B.

Location. All off-street parking, whether in a garage or open area, shall be so located as to be accessible and usable for the parking of motor vehicles. In all residential zones, off-street parking shall not be located in any required yard or setback area.

C.

Additional Parking Requirements.

1.

Any parcel of land used for off-street parking, car or trailer sales after the adoption of the ordinance codified in this title shall be developed according to the city's specifications, and shall be enclosed by a solid fence when such areas are adjacent to any residential (R) district, the fence to be constructed six feet in height behind the front setback area, and three feet in height in any front setback area.

2.

Parking required in any district must be on-site except that where buildings or structures in existence at the time the ordinance codified in this title was adopted cover a site to the extent that sufficient on-site parking cannot be provided, off-site parking may be allowed.

Joint use of parking facilities will be allowed under the following conditions:

a.

When there is no conflict at time of use;

b.

When there is sufficient parking for all uses.

D.

Reduction Where Assessment District Is Included. Parking required in any C-1 or C-2 commercial district may be reduced below the stated requirements in any portion of such district included within a public parking district or assessment district for financing off-street parking facilities in proportion to the amount of assessment on each property owner. Cost of each parking space provided by the district shall be computed by dividing the number of such spaces into the total of the assessment levied against the property within the district. The assessment against individual property shall be divided by this cost per space, to determine the nearest whole number by which the parking requirements on said property may be reduced. Payment to the city for the remaining number of parking spaces required, if any, shall be made in an amount equal to the value of required parking on a per-parking-space basis. From time to time, the city council shall establish by resolution the value of off-street parking facilities on a per-parking-space basis, to be determined on the basis of the cost of acquisition and improvement of parking facilities as shown on the downtown specific plan. Funds collected by the city from such payment shall be deposited in a special fund and used only by the city to acquire and/or develop off-street parking and related facilities which are consistent with the proposals of the downtown specific plan. Funds paid toward these costs for in-lieu-of parking shall not be refundable, except where funds are not used within ten years. All in-lieu-of parking payments must be approved by the city council. All in-lieu-of parking fees shall be paid prior to the issuance of any license or permit with respect to the subject property.

E.

Surfacing. Any off-street parking area shall be surfaced with a minimum of five inches of imported base material and a double application of asphalt and gravel to the city engineer's approval, so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for safe loading and unloading and parking of vehicles.

F.

Parking Lot Design. The following design standards shall apply to all areas used for off-site parking where there are more than ten parking spaces required:

1.

Street Frontage. A minimum ten-foot wide landscape strip with shade trees, unless zone district requires a fifteen-foot wide strip, except that a landscaped yard of less than ten feet may be approved by the planning

commission where the total landscaped yard area is the same as that which would result from application of the minimum yard requirement.

2.

Interior Landscaping. Five percent with one tree per two hundred square feet increment of the five percent. (Example: If a use requires twenty-four thousand square feet of parking area — roughly sixty-four to seventy parking spaces — required landscaping would be one thousand two hundred square feet (24,000 × .05 = 1,200). Required number of trees would be 6 (1,200 ÷200 = 6).)

G.

Reduction of Covered Parking Requirements. In apartment projects where there are more than five units, covered off-street parking may be converted to uncovered parking subject to the approval of a conditional use permit.

H.

Parking Stall Size. Parking stall size shall be measured pursuant to the current approved city public works department design standard for parking. Any request to allow for deviation from these standards, including any request for use of compact parking spaces in a project, shall only be permitted upon approval by the planning commission.

Table 17.36.020

Table 17.36.020	Table 17.36.020
OFF-STREET PARKING REQUIREMENTS
Use	Parking Requirement
Single-family homes:	Covered and enclosed parking area of at least four hundred square feet, minimum width of twenty feet, minimum driveway area of three hundred sixty feet. Any addition to an existing single-family home legally constructed prior to May 1, 2014 is exempt from the provisions of this requirement.
Duplex and Multifamily dwelling units having not more than two bedrooms per unit:	Two covered parking spaces per dwelling unit, and one uncovered guest parking space for every four units.
Duplex and Multifamily dwelling units having more than two bedrooms per unit:	Two covered and one uncovered parking space per dwelling unit, and one uncovered guest parking space for every four units.
Planned Developments in any District where Permitted:	Two covered parking spaces per unit, not in tandem, and one uncovered guest parking space for every four units.
	In situations where the internal streets are twenty- fve feet in width, there shall be no on-street
	parking. In addition, one guest parking space per residence shall be required. In situations where the internal streets are thirty-fve feet in width, on-street parking on one side may be allowed. One guest parking space per four residences shall be provided.
---	---
Roominghouses and boardinghouses	One parking space per adult guest
Churches, lodges, clubs, community centers, chapels	One parking space for each four seats but not less than one space for each ffteen square feet of the largest meeting hall
Schools, public, private, commercial Hospitals	One parking space for each classroom and ofce
Hospitals	One parking space per bed plus one space per doctor, plus one space for each two employees on the largest shift
Convalescent hospitals, sanitariums, rest homes	One parking space for each seven beds plus one space for each two employees on the largest shift
Retail stores, services and ofces in any district	Five parking spaces for each one thousand square feet of gross leasable area; parking may be of-site within three hundred feet when approved by the planning commission
Drive-in restaurants, any district	One space for each car to be served plus one space for each three seats
Service stations	Two spaces for each working bay plus one space for each employee on the largest shift
Restaurants, bars, cocktail lounges	One space for each three scats but not less than one space for each thirty square feet of gross foor area
Bowling alley, billiard parlor	Five spaces per lane; two spaces per table, plus one space for each two employees on the largest shift
Warehousing, wholesale stores in any district	One space for each one thousand stores in any district square feet of gross foor area; may be of- site within three hundred feet on approval of the planning commission
Manufacturing, heavy industrial uses, heavy commercial uses	Minimum of two spaces for every three employees on the shift having the largest number of employees, but not less than one space for each one thousand square feet of gross foor area. Parking may be of-site within three hundred feet upon approval of the planning commission
---	---

(Ord. No. 688, § 2, 3-4-2015; Ord. 643 § 2, 2007; Ord. 466 § 8, 1988; Ord. 455, 1987; Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.38 - SPECIAL STANDARDS AND REQUIREMENTS

Sections:

17.38.010 - Adult entertainment. ¶

A.

Purpose. The purpose of this section is to regulate uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. The city council finds that special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulations set forth in this section is to prevent a concentration of these uses in any one area.

B.

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

1.

"Adult entertainment business" means and includes the following:

a.

"Adult book store," 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 their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials;

b.

"Adult motion picture theater," an enclosed building with a capacity of fifty or more persons used for presenting materials distinguished or characterized by their em-phasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;

c.

"Adult mini-motion picture theater," an enclosed building with a capacity for less than fifty persons used for presenting materials distinguished or characterized by an emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;

d.

"Adult hotel or motel," a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas;

e.

"Adult motion picture arcade," any place to which the public is permitted or invited wherein coin-operated 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 depicting or describing specified sexual activities or specified anatomical areas;

f.

"Cabaret," 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 specified sexual activities or specified anatomical areas;

g.

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

h.

"Sexual encounter center," any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas; and

i.

Any other 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."

2.

"Specified sexual activities" means and includes the following:

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship and any of the following depicted sexually oriented acts or conduct: Analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty; or

b.

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

c.

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

d.

Fondling or touching nude human genitals, pubic regions, buttocks or female breasts; or

e.

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

f.

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

g.

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

3.

"Specified anatomical areas" means and includes the following:

a.

Less than completely and opaquely covered: (i) human genitals, pubic region, (ii) buttocks, and (iii) female breasts below a point immediately above the top of the areola; and

b.

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

C.

Conditional Use Permit Required. An adult entertainment business is not permitted in any zone unless a conditional use permit is obtained pursuant to Chapter 17.42. No adult entertainment business shall be granted a conditional use permit unless the lot upon which such business is proposed to be located:

1.

Is classified in zone C-2 or a less restrictive zone;

2.

Is not within five hundred feet of any lot located in any of the R residential zones;

3.

Is not within one thousand feet of any lot upon which there is located another adult entertainment business; and

4.

Is not within one thousand feet of any lot upon which there is located a church, a school in which minors are enrolled, a child care facility, a public building, a park, a playground or any recreational facility where minors congregate, including recreational facilities that are privately owned and operated as well as those that are owned and operated by a public agency.

All measurements of distance under this section shall be made in a straight line, without regard to intervening structures or objects. Measurements between adult entertainment businesses under subdivision 3 of this subsection shall be between the boundaries of the respective lots on which the businesses are or are proposed to be conducted which are closest to one another. For purposes of subdivision 4 of this subsection, measurement shall be between the closest boundaries of the lot on which an activity described in subdivision 4 is located and the lot on which an adult entertainment business is proposed to be conducted.

D.

Nonconforming Adult Entertainment Businesses. Notwithstanding anything to the contrary contained in Chapter 17.40 or elsewhere in this title, all adult entertainment businesses that were lawfully in existence as of the effective date of this ordinance codified in this title and were rendered nonconforming by the application thereto of this chapter shall be discontinued or shall be brought into full conformance within one year of the effective date of the ordinance codified in this title; provided, that any such nonconforming use may continue for up to one additional year upon the granting of a conditional use permit pursuant to Chapter 17.42, upon a finding and determination that the owner of the business, because of his inability to avoid liability under a written lease of the business premises which extends for more than one year beyond the effective date of the ordinance codified in this title, or because of a substantial investment in leasehold improvements to the premises which he cannot recover except by use of the premises, would suffer undue hardship if he were not allowed to continue the business at that location for the longer period.

E.

Advertisements and Displays — Prohibitions. No adult entertainment business shall advertise or display portions of, or posters concerning, any of its stock-in-trade (such as books, magazines or motion pictures) in such a way as to render such advertisement or display visible from any public street, thoroughfare, private residence or business premises if such advertisement or display contains photographs or language depicting or referring to specified sexual activities or to specified anatomical areas.

Violation a Public Nuisance. In addition to the criminal penalty provisions set forth in Chapter 17.50, the violation of any of the provisions of this section is declared to be a public nuisance subject to abatement as provided by law.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.020 - Antennas. ¶

Antennas for personal use, including television, citizens band, ham radio, or satellite receiving dishes, are permissible, provided that:

A.

They are not located in a required front yard, or street side yard;

B.

A building permit is required for the installation of an antenna or satellite dish. Prior to the issuance of the building permit, it shall be demonstrated to the satisfaction of the building official that:

1.

The antenna or dish is properly designed, constructed and installed to withstand wind pressure and will not create a public health or safety problem,

2.

If roof mounted, that the roof is capable of supporting the structure;

C.

Prior to the issuance of a building permit, an architectural review application shall be submitted to and approved by the architectural review committee for roof mounted satellite dishes and antennas that extend more than six feet in height above the highest peak of the roof, excluding chimneys and other architectural features;

D.

The antenna or dish will not create glare on surrounding properties.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.030 - Boardinghouses. ¶

The following standards apply to boardinghouses:

A.

Conditional Use Permit Required. A boardinghouse is allowed in the R-3 district subject to the approval of a conditional use permit.

B.

Standards — Conditions. The following standards and requirements apply to boardinghouses:

1.

There shall be one parking space per tenant and two spaces for the manager. Tandem parking is not permitted.

2.

An on-site resident manager is required. His phone number shall be on file with the police department.

3.

The building shall meet the requirement of the latest editions of the Uniform Fire Code and the Uniform Building Codes as adopted by the city.

4.

If an existing structure is to be used, a registered civil engineer shall certify that the building is structurally sound and capable of withstanding earthquake motion.

5.

Hotplates are not permitted.

6.

A business license is required.

7.

The conditional use permit shall be valid for a maximum period of five years, at which time a new application is required.

8.

No signs advertising the use are permitted.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.040 - Cafes—Restaurants—Cocktail lounges. ¶

A.

Cocktail lounges which are carried on as a clearly secondary operation in conjunction with a bona fide restaurant operation may be permitted in any district in which they are listed as permitted or conditionally permitted subject to the following conditions:

The cocktail lounge shall be designed as an integral part of the restaurant within which it is located.

2.

The cocktail lounge shall be entered only from within the restaurant. There shall be no outside entrance to the cocktail lounge except for emergency use only.

3.

The cocktail lounge shall be operated only during the hours that the restaurant is open for business.

4.

The area of any cocktail lounge shall not constitute more than twenty-five percent of the total floor area of the dining room and cocktail lounge.

5.

The cocktail lounge may not utilize outdoor advertising except in conjunction with the restaurant.

B.

Cafes, restaurants and cocktail lounges may have an outside eating or service area provided that it does not exceed fifty percent of the floor area within a building.

C.

A wine-tasting facility may be allowed in an H-C district subject to a conditional use permit. "Wine tasting facility" means the providing of wine samples in order to promote the sale of wine of a particular winery or wineries.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.045 - Caretakers' residences. ¶

One permanent accessory dwelling is permitted for purposes of housing a caretaker where allowed by certain commercial or industrial zones, subject to the following standards and approval of a conditional use permit (Chapter 17.42).

A.

Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident.

B.

Status of Caretaker. The resident of the dwelling shall be the owner, lessor, manager or any employee with sufficient knowledge of the underlying industrial or commercial use to capably undertake caretaker responsibilities.

Type of Use Requiring a Caretaker. The principal use of the site must require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site, or for needed housing for the owner or operator of a business.

D.

Allowable Location for a Caretaker Dwelling. In C-H, C-1, C-2, C-C, P-F and M zones, such dwelling shall be located on the second floor, or to the rear of a principal building. In the C-H and I zones, such dwelling may be located in accordance with the needs of the applicant. In all zoning districts, a caretaker residence is to be located on the same lot of record or contiguous ownership as the use requiring a caretaker.

E.

Type of Dwelling Unit Allowed. Caretaker residences shall be a standard site-built home, or an apartmenttype unit if the caretaker residence is to be integral with a principal structure. The unit shall be located to the rear of the building or located on the second floor of the building.

F.

Parking Requirement. For existing developed sites, none provided sufficient usable area available to accommodate all resident vehicles on-site. For sites being developed with new structures, standard parking requirements shall apply.

G.

Standards Modification. Standards set in the above noted subsections may be modified by the planning commission through the conditional use permit approval process.

(Ord. 519 § 2 (Exbt. A), 1993)

17.38.050 - Condominiums—Townhouses. ¶

A.

Applicability. The provisions of this section apply to condominium, townhouse, cooperative housing and similar residential developments, including both new structures and the conversion of existing structures; the provisions are in addition to those set forth in Chapter 17.14 of this title. "Condominium," as used in this section, refers to all such developments.

B.

Intent and Purpose. It is the expressed intent and purpose of the city to apply the regulations contained in this section to condominiums and other similar developments described in this section because the element of permanent ownership or interest in the individual dwelling units, or the air space occupied thereby, makes such developments essentially different in nature from apartments or other multifamily dwellings in which the dwelling units are rented or leased.

C.

Types of Condominiums. Residential condominiums shall be classified as follows:

1.

Horizontal, one in which single-family dwelling units are constructed either as separate structures or as self-contained units within a common structure having individual entrances and utility connections, no opening in any wall common to two or more units, and no part of any unit on top of part of any other unit;

2.

Vertical, any condominium in which any part of any dwelling unit is on top of any part of any other dwelling unit.

D.

Outdoor Common Area. The outdoor common area of a residential condominium, exclusive of all structures, shall provide not less than five hundred square feet of open space per dwelling unit; provided, however, that the open space requirement may be met in whole or in part by any equivalent open ground area which is a part of any individual dwelling unit.

E.

Separation Between Structures. In any condominium in which residential uses are proposed in an R-3 district, each main structure shall be separated from any other main structure on the same lot by a distance of not less than one-half of the sum of the height of the two buildings and in no case less than twenty feet.

F.

Minimum Setbacks. The side yard setback of any residential main structure on any condominium lot on a public street is five feet.

G.

Use Permit Application. A use permit is required for all condominium developments. The use permit application shall be accompanied by:

1.

A legal description of the property and a map to a workable scale showing existing conditions, including boundaries, topography and landscaping, structures and other improvements located thereon, road and utility easements, and such other information as may be requested by the planning director;

2.

Dimensioned schematic development plans, including a site plan, a parking plan, typical floor plans, building elevation plans showing natural and transverse grades, a landscaping plan, and such other information and drawings as may be requested by the planning director. The plans submitted shall show private open space areas, as well as common areas, and shall indicate how air spaces are to be divided;

3.

A statement of provisions to be made for fire protection, including access for fire and other emergency equipment;

4.

A copy of the tentative subdivision map for the project;

5.

A copy of the declaration of restrictions proposed for recordation under the provisions of Section 1355 of the Civil Code, including provisions for management of the project;

6.

In the case of a condominium conversion, the names and addresses of all tenants of the existing building or buildings;

7.

If the applicant is a corporation, a copy of the articles of incorporation and a copy of the bylaws of the corporation;

8.

Any other information deemed necessary or desirable for the purpose of assisting the planning commission in its determination on the application, and of conditions to be imposed.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.060 - Day nurseries. ¶

Day nurseries may be operated in any district in which they are listed as permitted only when the lot on which it is established is occupied by no more than one dwelling unit. Day nurseries shall be identified as one of the categories indicated below.

A.

A small day nursery regularly provides care, protection, and supervision for one through six children not related to the caregiver in the caregiver's own home for periods of less than twenty-four hours per day, while the parents or guardians are away. A small day nursery is considered accessory to a permitted and established single-family residential use in agricultural and residential zoning districts.

B.

A large day nursery regularly provide care, protection and supervision for seven through twelve children not related to the caregiver in the caregiver's own home for periods of less than twenty-four hours per day, while the parents or guardians are away. Operation of a large day nursery is permitted only as specifically provided for by district regulations.

C.

An institutional day nursery regularly provides care, protection and supervision for more than twelve children when operated in conjunction with and on the same site as a public or private school, church or other institutional use which is permitted and established in the district. Operation of an institutional day nursery is subject to approval of a conditional use permit.

D.

A commercial day nursery regularly provides care, protection and supervision for more than twelve children in specified districts. Access shall be only from a collector or arterial street, or a local street if the street is developed primarily with business. Play areas shall be separated from contiguous residential yards by a sixfoot-high solid masonry wall.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.080 - Drive-through facilities. ¶

A conditional use permit is required for a drive-through lane, window or other facility. The lane or facility shall be designed so as not to create an impediment to on-site or off-site vehicular or pedestrian circulation or parking.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.090 - Driveway standards. ¶

A driveway shall be paved. In situations where the required parking is located to the rear of the main dwelling, the driveway shall be not less than ten feet in width and open for a height of eight feet. All driveways shall be built in accordance with city standards. Driveways for panhandle lots shall be not less than twelve feet in width. A turnaround shall be provided to prevent vehicles from backing.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.100 - Easements. ¶

No building or structure shall be constructed which may be in conflict with a recorded easement.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.110 - Energy conservation standards.

A.

Lot design shall provide, to the extent feasible, for passive or natural heating or cooling opportunities and for other measures that conserve nonrenewable energy resources. Design measures to accomplish these objectives may include, but are not limited to, the arranging of streets, lots, buildings, and landscaping to (1) provide solar access for active solar water and space heating systems and passive space heating, (2) minimize solar heat gain in the summer, and (3) take advantage of prevailing breezes.

In providing for future passive or natural heating or cooling opportunities, consideration shall be given to local climate, to contour, to configuration of the original parcel, and to other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable zoning.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.120 - Hazardous uses. ¶

A.

Use Permit Required. All of the uses listed in this section, and all matters directly related to them, are uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title, and therefore the authority for a location of the operation of any of the uses designated in this section is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 17.42. In addition to the criteria for determining whether or not a use permit should be issued, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke, odor, dust or vibration; (2) hazard from explosion, contamination or fire; (3) hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows:

1.

Airports and landing fields;

2.

Cemeteries;

3.

Establishments or enterprises involving large assemblages of people or automobiles as follows:

a.

Amusement parks and racetracks;

b.

Circuses or carnivals, Fourth of July celebrations or similar short-term special events, except when conducted on a city owned public park and when having first received administrative approval of a city park activity/special event permit;

c.

Public buildings, parks and other recreational facilities;

Recreational facilities, privately operated.

4.

Hospitals, medical offices, rest homes and sanitariums;

5.

Garbage dumps;

6.

The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto;

7.

Removal or deposit of earth, other than excavations or deposits in connection with construction of buildings, roadways or public or home improvements.

B.

General Performance Standards. The following general performance standards apply to hazardous uses:

1.

Fire and explosion hazards: All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry and as approved by the fire department. All incineration is prohibited except any incineration conducted by the city which otherwise conforms with applicable state and federal regulations.

2.

Radioactivity or electrical disturbance: Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Further, no radiation of any kind shall be emitted in quantities which is dangerous to humans.

(Ord. 568 § 1, 2000; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.130 - Historical structures. ¶

In order to conserve structures of potential local historical significance, plans for additions/alterations to, or the removal of, structures built prior to 1936 and/or associated with a local historical event or person, or exhibiting a significant historical architectural style shall be referred to the planning commission for approval if in the opinion of the planning director or building official referral is necessary. The decision of the planning commission is appealable to the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.140 - Home occupations. ¶

"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof. The following criteria apply for the evaluation of a home occupation:

A.

There shall be no employment of help other than the members of the resident family.

B.

There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.

C.

Except when actually being shown to business visitors for the purpose of sale, all goods and merchandise held for sale shall be stored in a closed closet or compartment on the premises, located either in the dwelling unit or in an accessory structure, having an interior capacity of no more than nine hundred sixty square feet.

D.

The use shall not generate pedestrian or vehicular traffic or vehicle parking beyond that normal to the district in which it is located.

E.

It shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one ton capacity, owned by the operator of such home occupations, which shall be stored in an entirely enclosed garage.

F.

There shall not be any generation of noise, light, odor, vibration, or electrical interference beyond the property line of the subject property.

(Ord. 486 § 2, 1990: Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.160 - Landscaping.

A.

All landscaping, where required, shall be maintained in a healthful growing state free from weeds, litter and debris.

B.

Although no specific plant species is proposed, it is preferred that native plants be selected because of their tolerance to local climatic conditions and their resistance to drought.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.170 - Through lots. ¶

For through lots the director shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions of this title.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.180 - Front lot line. ¶

A.

On an interior lot, the front lot line is the property line abutting the street.

B.

On a corner lot, the front lot line is the shorter property line abutting a street.

C.

On a through lot, or a lot with three or more sides abutting a street, or a corner lot with lot lines of equal length, the director shall determine which property line or lines shall be the front lot line for purposes of compliance with yard and setback provisions of this title.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.190 - Rear lot line. ¶

In the case of an irregular, triangular or goreshaped lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot line which is bounded on all sides by streets may have no rear lot line.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.200 - Side lot line. ¶

On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.210 - Mobile homes on permanent foundations. ¶

A.

Applicability. This section is enacted pursuant to the provisions of Section 65852.3 of the Government Code and applies only to mobile homes placed on permanent foundation systems on lots zoned for single-

family dwellings.

B.

Permitted Use. A mobile home is permitted as a residential dwelling on any lot zoned for single-family residential use, provided it meets all of the requirements of this section.

C.

Approval. No building permit, certificate of occupancy, or other permit or entitlement shall be issued for the establishment or placement of a mobile home as a residence on any parcel of land under the provisions of this chapter, except within an approved mobile home park or any residential zone permitting single-family dwellings, unless and until such use has been approved by the architectural review committee.

D.

Eligibility. A mobile home qualifies under the provisions of this section only if:

1.

It has been certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C., Section 5401, et seq.), and has not been altered in violation of that act; and

2.

It is placed on a permanent foundation system approved by the building inspector which complies with the provisions of this section and with all applicable building codes and regulations, specifically including the provisions of Section 18551 of the Health and Safety Code.

E.

Criteria to Be Applied. In order to approve an application for the establishment or placement of a mobile home pursuant to this chapter, the architectural review committee must find that the proposed mobile home meets all of the following criteria for neighborhood compatibility:

1.

It must comply with all provisions of the zoning ordinance applicable to residential structures.

2.

It must have a minimum width of twenty feet.

3.

The mobile home and accessory structures, such as garage or carport, must be covered with an exterior material customarily used in new residential structures in the surrounding areas, which shall extend to the ground; provided, that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

The finished floor shall be a maximum of twenty-five inches above the exterior finish grade of the lot.

5.

The roof must have a pitch of not less than two inches vertical rise for each twelve inches of horizontal run and must consist of shingles or other material customarily used for new residential construction in the surrounding area.

6.

It must have porches and eaves, or roofs with eaves, which are comparable to those found in new residential structures in the surrounding area.

a.

The architectural review committee may not impose more stringent criteria or conditions than those contained in this subsection.

F.

Building Permit Requirements. Prior to the issuance of a building permit for the establishment or placement of a mobile home on a foundation system pursuant to this section, the owner or contractor shall provide the building inspector with all of the documents and information, and shall pay all of the fees, required by Section 18551 of the Health and Safety Code, in addition to complying with all other requirements for a building permit.

G.

Mobile Home as Fixture—Prohibition on Removal. Once installed on a foundation system in compliance with the provisions of this section and with Section 18551 of the Health and Safety Code, a mobile home shall be deemed a fixture and a real property improvement to the property to which it is affixed. Physical removal of the mobile home shall thereafter be prohibited without the consent of all person or entities who, at the time of such removal, have title to any estate or interest in the real property to which the mobile home is affixed.

H.

Appeal. Any action taken or decision made by the architectural review committee upon an application for the establishment or placement of a mobile home on a permanent foundation system pursuant to this section may be appealed by the applicant pursuant to Chapter 17.46. An owner of real property situated within three hundred feet of the proposed mobile home site has the same right of appeal.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 751, § 2, 1-11-2023)

17.38.220 - Outdoor storage. ¶

A.

Adequate visual screening shall be provided for all outdoor storage areas. The screening shall be approved by the city.

B.

No storage is permitted in any required front or street side yard.

(Ord. 525 § 2 (part), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.230 - Planned developments. ¶

A.

Planned developments are intended to promote efficient use of the land through increased design flexibility and quality site planning. The planned development concept allows departure from standard property development regulations when development is planned as a unified, integrated whole and incorporates outstanding design features and amenities. Planned developments can provide for maximum effective density and improved aesthetics through increased flexibility in building siting, creative use of permanent open space, and the preservation of significant natural features. Mobile home parks shall be considered a planned development and shall meet the requirements of Section 17.38.230(C)(3).

B.

Whenever property is proposed to be developed as a planned development, the following general principles apply:

1.

Planned developments may include any combination of detached or attached units.

2.

District property development standards, except as related to population density, may be modified or waived where it is determined that such modification or waiver will produce a more functional, enduring and desirable environment, and no adverse impact to adjacent properties will result therefrom.

3.

Population density shall be calculated on gross acreage, less public streets.

4.

Community sewer and water is required for development.

5.

The design of a planned development shall ensure compatibility and harmony with existing and planned uses on adjacent properties. Design elements to be considered include, but are not limited to, architecture, distance between buildings, building setbacks, building height, off-street parking, open space, privacy, screening and landscaping.

6.

Off-street parking shall be provided consistent with the parking standards of Section 17.36.020 for planned developments and shall be integrated into the development to minimize exposure and impact on neighboring development. Notwithstanding this aforesaid provision, an exception to the number or type or arrangement of parking spaces may be approved for planned developments consisting of condominiums or townhouses provided that parking sufficient for occupants of the development and their guests will be provided and provided that said exception is consistent with the following criteria:

a.

Where a tandem parking arrangement is proposed:

i.

Each unit shall have no more than two bedrooms, and

ii.

The required number of guest parking spaces shall comply with Section 17.36.020 or equivalent on-street parking shall be provided;

b.

Where enclosed parking sufficient for two cars per unit is provided, the parking arrangement may be either side-by-side or tandem. Where two-car garages are proposed for all residential units, a reduction in guest parking of up to twenty percent of the total guest parking requirement may be allowed, with said reduction pro-rated based upon the proportion of housing units having two-car garages;

c.

Where inclusionary affordable housing is proposed consistent with Chapter 17.41, exceptions to the parking requirements of Section 17.36.020 may be approved, and compliance with the aforesaid criteria is not required.

7.

The developer shall provide for perpetual maintenance of all common land and facilities under common ownership through means acceptable to the city.

8.

Conservation of natural site features, such as topography, vegetation and watercourses shall be considered in project design.

9.

Energy conservation, and utilization of renewable energy sources, should be given prominent consideration.

Streets serving the development must be adequate to accommodate the traffic generated by the proposed project.

C.

In addition to the requirements of subsections A and B of this section, the following criteria apply:

1.

Planned residential developments shall provide common open space free of buildings, streets, driveways or parking areas. The common open space shall be designed and located to be easily accessible to all the occupants of the development and usable for open space and recreational uses.

2.

Planned residential developments greater than twenty acres in area may include:

a.

Commercial, educational, religious and professional uses. Such uses must be compatibly and harmoniously incorporated into the development;

b.

Mobile home development, when located and designed to be compatibly and harmoniously incorporated into the development;

3.

Mobile home planned residential developments may be permitted when developed in accordance with the following:

a.

The minimum development size is three acres; however, a smaller size may be permitted when developed as a portion of a larger development in accordance with subdivision (1)(b) of this subsection.

b.

Density of development shall be consistent with the general plan.

c.

Development is restricted to single-family mobile homes.

d.

The planning commission or the city council may require that mobile homes be recessed where a determination is made that such condition is needed to ensure compatibility and harmony with existing and planned uses on adjacent properties. Where such finding is made, the following applies:

i.

All mobile homes shall be recessed below level grade to the extent that the floor elevation is no greater than eighteen inches nor less than six inches above grade. The requirement may be modified if it is determined by the director that a greater or lesser elevation is needed to protect the health, safety and welfare of the occupants.

ii.

The area between the floor elevation and the ground shall be skirted or otherwise enclosed and properly sealed to preclude water from entering under the mobile home.

iii.

Whenever the soil is excavated below a mobile home, a retaining wall shall be installed extending six inches above grade.

e.

No access drive shall be less than twenty-five feet in width, or thirty-two feet in width if car parking is permitted on one side of the access drive, and not less than forty feet in width if car parking is permitted both sides of an access drive.

f.

A minimum fifteen-foot wide landscaped setback shall be provided along all public street frontage.

i.

The landscaped setback shall be designed by a licensed landscape architect, and landscaping shall be installed by a licensed landscape contractor.

ii.

The landscaping shall be maintained by the operator of the park to be in a healthful growing state free from weeds and debris.

iii.

The landscaped setback shall include a solid masonry wall with a staggered setback at a maximum of every thirty-five feet and street trees spaced at a maximum of thirty-five feet on center.

g.

Guest parking spaces required by Table 17.36.020 shall be evenly distributed throughout the project. In situations where guest parking adjoins a mobile home space, a solid masonry wall shall be provided.

(Ord. 644 § 1, 2007; Ord. 466 §§ 3, 4, 1988; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.240 - Pollution control.

A.

Noise. The following performance standards for noise control apply in all residential, commercial, and industrial districts:

1.

At the boundaries of any lot or parcel of land the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the dB-A values given in Table 17.38.240 A, after applying the correction shown in Table 17.38.240 B.

2.

Measurements shall be made as follows:

Table 17.38.240 A

MAXIMUM PERMITTED SOUND LEVEL AT LOT LINE IN DECIBELS

Residential	Commercial	Industrial
dB-A-55	dB-A-65	db-A-68

If the noise is not smooth and continuous and is not radiated between the hours of one p.m. and seven a.m., one or more of the corrections in Table 17.38.240 B shall be applied to the octave band levels given in Table 17.38.240 A:

Table 17.38.240 B

Table 17.38.240 B
Type or Location of Operation — Character of Noise	Correction in Decibels
1. Daytime operation only	Plus 5
2. Noise source operated less than:
a. 20% of any 1-hour period	Plus 5
b. 5% of any 1-hour period (Apply one of these corrections only)	+10
3. Noise of impulsive character such as hammering	Minus 5
4. Noise of periodic character such as hammering or screeching	Minus 5

B.

Vibration. No vibrations shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line.

C.

Air Pollutants. No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution which can damage the health of humans or animals, or to vegetation or other forms of property, is permitted.

D.

Glare. No direct or reflected glare, whether produced by floodlight, high-temperature processes such as combustion or welding, or other means, so as to be visible from any boundary line of property on which the glare is produced, is permitted.

E.

Liquid or Solid Wastes. No discharge at any point into any public sewer, storm drain, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, is permitted, except in compliance with standards approved by the California Department of Public Health or such other governmental agency or agencies as has jurisdiction over such activities.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.250 - Rest homes. ¶

A.

There shall be only limited medical care not involving a physician residing on the premises of any rest home. There shall be no surgery or other similar activities such as are customarily provided in hospitals.

B.

The population density standards of the district in which the facility is proposed shall apply. For this purpose the resident family and six persons residing in the facility shall be counted as one family in determining the required lot area. One additional person may be permitted for each one thousand square feet of lot area exceeding the minimum lot size.

C.

The maximum number of persons calculated in subsection B of this section applies regardless of the number of the licensee's family, or persons employed as facility staff, who shall not be included in determining the number of residents.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.260 - Second residential units. ¶

A.

Second Residential Unit Defined. Generally, "second residential units" mean either "accessory dwelling unit" or "junior accessory dwelling unit" pursuant to the provisions in Section 65852.2 of the Government Code. Detailed definitions are included in Section 17.04.030 (definitions).

B.

Locations Permitted. Accessory dwelling units and junior accessory dwelling units are allowed in districts zoned to allow single-family or multifamily uses, subject to the permit requirement of applicable zone districts and compliance with the development standards of this chapter.

C.

Permit Required. An accessory dwelling unit or junior accessory dwelling unit may be attached to or detached from an existing or proposed single-family or multifamily dwelling upon the issuance of a permit in accordance with this chapter. An attached accessory dwelling unit may also be attached to or placed within garages, storage areas or similar uses, or an accessory structure. The planning director shall approve a permit for an accessory dwelling unit and/or junior accessory dwelling unit meeting the development standards of this chapter and consistent with Section 65852.2 of the Government Code.

1.

Processing of Permit. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, in accordance with Section 65901 or 65906 of the Government Code and all local ordinance provisions regulating the issuance of variances or special-use permits, as follows.

a.

On Single-Family Lots.

i.

An attached accessory dwelling unit or junior accessory dwelling unit shall be allowed subject to the following:

(A)

The accessory dwelling unit or junior accessory dwelling unit is within the enclosed, conditioned space of a proposed or existing single-family dwelling; or the accessory dwelling unit or junior accessory dwelling unit is within an existing accessory structure.

(B)

The unit may include an expansion of the primary residence of not more than one hundred fifty square feet beyond the current physical dimensions of the existing accessory structure solely to accommodate ingress and egress.

(C)

The unit has exterior access from the proposed or existing single-family dwelling.

ii.

A detached, new construction, accessory dwelling unit on a lot with a proposed or existing single-family dwelling.

iii.

The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph a.(i.) for the purposes of a single permit.

b.

On Multifamily Lots.

i.

Multifamily structures may be allowed accessory dwelling units in a total amount of up to twenty-five percent of the number of total principal units entitled on the property. At least one accessory dwelling unit must be allowed.

ii.

Accessory dwelling units or junior accessory dwelling units may be provided within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

iii.

No more than two accessory dwelling units may be detached from a primary multifamily structure.

2.

The city shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

3.

Timing.

a.

The city shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the city does not act within sixty days, the application shall be deemed approved.

b.

If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay

acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.

c.

If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

4.

The city shall not issue a certificate of occupancy for an accessory dwelling unit before the certificate of occupancy is issued for the primary residence.

D.

Junior Accessory Dwelling Units. In addition to complying with Section 65852.2 of the Government Code, junior accessory dwelling units shall comply with the following:

1.

When a junior accessory dwelling unit is permitted, the owner must reside on the property. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, housing organization, or other 501(c)(3) organization.

2.

A junior accessory dwelling unit may not be detached from the proposed or existing primary residence.

3.

A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing primary residence.

4.

A junior accessory dwelling unit shall include an efficiency kitchen, which shall include:

a.

A cooking facility with appliances; and

b.

A food preparation counter and storage cabinets that are of useable size.

5.

Parking shall not be required as a condition to permit a junior accessory dwelling unit.

6.

No subdivision of this municipal code shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a junior accessory dwelling unit complies with applicable development standards.

7.

Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the city attorney that includes the following:

a.

A prohibition of the sale of the junior accessory dwelling unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling units.

E.

Development Standards. The following development standards shall apply to all second residential units.

1.

The living area of a detached accessory dwelling unit shall not exceed one thousand two hundred square feet. The increased floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary residence's living area, with a maximum increase in floor area of one thousand two hundred square feet.

2.

A second residential unit shall not exceed sixteen feet in height and shall be set back at least four feet from side and rear property lines.

3.

No setback shall be required for an existing living area, garage, or other accessory structure that is converted to a second residential unit (or portion of accessory dwelling unit) with the same dimensions as the existing structure, and a setback of five feet from the side and rear lot lines shall be required for a second residential unit that is constructed above a garage.

4.

Except as otherwise provided in this chapter, the second residential unit shall not increase an existing or create a new encroachment upon any required front, side, or rear yard space, increase building height or

coverage beyond the standards prescribed for the district in which it is located, or decrease the distance between structures that is required.

5.

No passageway or entrance within view of a street shall be required in conjunction with the construction of a second residential unit.

6.

A second residential unit shall include a maximum of one bathroom, one kitchen, and one living or dining room.

7.

Both the existing or proposed single-family or multifamily residence and the second residential unit shall contain laundry connections within them.

8.

Fees.

a.

Notwithstanding any provision to the contrary contained in this code (or in any code adopted by reference in this code), an accessory dwelling unit may be connected to the city sewerage system through a side sewer shared with the existing residence on the site, or it may have its own side sewer. In either case, the connection of the accessory dwelling unit to the city sewerage system is subject to the requirements of this Section 17.38.270, including obtaining applicable permits, payment of connection charges (where applicable), and payment of user charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water, electricity, sewer, and other utilities as defined. Separate metering of utilities is not required for attached or detached second residential units unless they are constructed with a new primary dwelling.

b.

A property owner may be required by the city to conduct and pay for a camera inspection of existing sewer or water pipes on the property to confirm they are working condition before adding a detached ADU, new square footage to an existing building to add an ADU or converting non-conditioned space to an ADU.

c.

Fees will be charged for the construction of second residential units in accordance with Title 14 of the City of Soledad Municipal Code and state law. The city, special district, or water corporation shall not impose any impact fee upon the development of a second residential unit less than seven hundred fifty square feet. Impact fees include school fees. School districts are authorized (Section 17620 of the Education Code) but do not have to levy impact fees for ADUs greater than five hundred square feet. ADUs less than five hundred square feet are not subject to school impact fees. Any impact fees charged for an accessory

dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

d.

A connection fee shall not be collected for water, sewer, power, or other utility for a junior accessory dwelling unit.

9.

Fire sprinklers are not required for second residential units if they are not required for the existing or proposed single-family or multifamily residence.

a.

For purposes of fire or life protection regulations, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

10.

A second residential unit may be rented, but it shall not be offered for sale apart from the principal unit, nor shall the lot or parcel be subdivided to create a separate building site unless approved pursuant to the subdivision ordinance of this city. No second residential unit may be offered for rental terms of less than thirty days.

a.

Notwithstanding Section 17.38.270E.10.a, the city may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:

i.

The property was built or developed by a qualified nonprofit corporation.

ii.

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit that satisfies all the requirements of paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

iii.

The property is held pursuant to a recorded tenancy in common agreement that includes all the following provisions:

(A)

The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

(B)

A repurchase option that requires the qualified buyer first offer the qualified nonprofit corporation the opportunity to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.

(C)

A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence.

(D)

Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensures the property will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to qualified buyer.

(E)

If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:

(1)

Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.

(2)

Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

(F)

Procedures for dispute resolution among the parties before resorting to legal action.

iv.

A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A preliminary change of ownership report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

v.

Notwithstanding Section 17.38.270E.8.a, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility when an accessory dwelling unit is sold or conveyed separately from the primary residence.

11.

Except as otherwise provided in this chapter, second residential units shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing.

12. Parking.

a.

Parking provided shall not exceed one space per unit or per bedroom, whichever is less. Such additional space may be a tandem space in a driveway or off-street within setback areas provided in locations approved by the city. Tandem parking and the location of off-street parking within setback areas shall be approved by the city unless specific findings can be and are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.

b.

If a garage, carport, or covered parking structure is demolished in conjunction with the construction of a second residential unit or is converted to a second residential unit, those off-street parking spaces are not required to be replaced.

c.

No additional off-street parking spaces shall be required for second residential units in locations meeting the following criteria:

i.

The unit is located within one-half-mile walking distance of public transit.

ii.

The unit is located within a historic district.

iii.

The accessory dwelling unit is part of a proposed or existing primary residence or accessory structure.

iv.

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

v.

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

Other Provisions.

1.

This section shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

2.

No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under Section 17.38.270.

3.

Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Sections 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

G.

Code Enforcement. The code enforcement officer shall from time to time conduct a review of second residential units within the city. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions:

1.

A code enforcement officer may report:

a.

A change in ownership of the lot or parcel of land on which the residential units are situated.

b.

A change in the occupancy of the residential units that is not in compliance with this section.

2.

A code enforcement officer may issue to an owner of a second residential unit a notice to correct a violation of any provision of any building standard or any failure to comply with this section. The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

a.

The second residential unit was built before January 1, 2020.

b.

The second residential unit was built on or after January 1, 2020; however, at the time the unit was built, the city had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

3.

The owner of a second residential unit that receives a notice to correct violations or abate nuisances, as described in Section 17.38.270.G, may submit an application to the city requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

a.

The city shall grant an application described in Section 17.38.270.G.3. if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the zoning administrator shall consult with the code enforcement officer, building official, and/or the state fire marshal or designee pursuant to Section 13146 of the Health and Safety Code.

b.

The city shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to Section 17.38.270G.3(a).

If upon such review, it appears that in a particular case a violation of the provisions of this chapter has occurred, the code enforcement officer may take such action as deemed necessary by the city attorney to correct any violation.

H.

Compliance with State Law. This section is intended to comply with the requirements of Section 65852.2 of the Government Code and any amendments thereto. All accessory and junior accessory dwelling units approved by this section are deemed to not exceed the allowable density for the lot upon which the second residential unit is located, and accessory and junior accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designations for the lot.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 711, § 2, 5-3-2017; Ord. No. 760, § 2, 10-4-2023)

17.38.270 - Security and public safety. ¶

Security lighting shall be provided for carports in multifamily projects consisting of three or more units. Lighting fixtures and their location shall be approved by the building official and police chief. Lighting shall be directed so as not to create glare or illuminate adjoining property.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.280 - Small-animal veterinary hospital or clinic. ¶

"Small-animal veterinary hospital or clinic" means a completely enclosed building designed, arranged and intended to be used for the medical treatment and care incidental thereto of small animals such as dogs, cats and other similar household pets. These shall not include the medical treatment or care of bovine animals, horses, sheep, goats or swine. The building shall be designed and constructed so that sound emitted through exterior walls or roofs or enclosed areas in which animals are kenneled or treated does not exceed sixty-five decibels. There shall be no incineration permitted.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.290 - Storage tanks.

A.

Aboveground tanks shall be adequately screened by berms, landscaping, fencing or walls. Adequate security measures such as fencing and lighting shall be provided to prevent unauthorized entry.

B.

Below-ground tanks shall meet all the requirements of the city, the Monterey County Health Department and other applicable agencies.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.300 - Street improvements.

Whenever a parcel is subdivided, or a new main building is constructed, or the value of on-site improvements exceeds thirty-three percent of the value of the existing on-site improvements, curb, gutter and sidewalks shall be installed.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.310 - Swimming lessons.

A.

Swimming lessons for up to three individuals may be given at one time.

B.

Lessons for more than three individuals shall require a conditional use permit.

C.

Swimming pools used for swimming lessons shall be inspected periodically by the Monterey County health department.

D.

The use shall not create a noise nuisance for the surrounding property.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.320 - Swimming pools ¶

The following requirements apply to all swimming pools, and to ponds more than eighteen inches deep, in a residential (R) district:

A.

Location. Such pools or ponds shall be constructed at least fifty feet from the front line and at least ten feet from the side line of the lot. The planning commission may by use permit allow a different location, but in no case shall the foregoing requirements be reduced by more than fifty percent. Filter and heating systems shall not be located closer than twenty feet to any dwelling other than the owner's.

B.

Enclosure. All swimming pools and ponds shall be completely enclosed by a fence at least six feet in height, designed to resist climbing. All gates shall be self-closing and self-latching.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.330 - Utilities. ¶

A.

All apartments and other multiple dwellings, including condominium, community housing projects and planned community developments, but excluding hotels, motels and other accommodations for transients, shall provide for independent services of water, gas and electricity to each dwelling unit. Separate shutoffs for each dwelling unit shall be provided.

B.

All dwelling units erected, constructed or remodeled after the effective date of the ordinance codified in this title shall contain the water, plumbing and electrical or gas utility connections and outlets necessary to operate and maintain home laundry facilities, consisting of not less than one washer and one dryer (1) for each structure duplex, or (2) for each four or fewer units in any apartment house or multifamily dwelling.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.38.340 - Parking and storage of vehicles, boats and equipment in R zoning districts.

A.

Purpose. The purpose of this section is to regulate the parking and storage of vehicles, boats, trailers, and equipment in R zoning districts in order to minimize adverse aesthetic impacts that large, numerous or inappropriate vehicles have in residential districts by limiting the type of such vehicles, their n umbers and the locations such vehicles may be parked or stored.

B.

Definitions.

1.

"Disabled-inoperative vehicle "means any vehicle unable to run under its own power, unlicensed or determined to be unsafe to operate.

2.

"Driveway" means a private road leading from the public street to the principal structure, residence, garage, carport or parking area.

3.

"Equipment" means any mobile equipment not used primarily for the transportation of persons or property and which is only incidentally operated or moved over a highway, including, but not limited to ditch-digging apparatus, asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels, draglines, self-propelled cranes, earth moving equipment, forklifts, drill rigs and similar commercial machines.

4.

"Recreational vehicle (RV)," means any travel trailer or other vehicular portable structure designed to be used as a temporary occupancy for travel or recreational use, including, but not limited to, motor homes, truck slidein campers, fifth wheel trailers, tent trailers, animal trailers, trailers used for transportation of recreational vehicles, any type of three or four wheeled sport racing vehicle, boats, boat trailers, rafts, aircraft, dune buggies, snowmobiles, jet skis, all-terrain vehicles and vehicle dollies. Such term does not include mobile homes regulated under Section 17.38.210.

5.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

6.

"Vehicle storage" means parking or placing any of the items described in this section for a period in excess of three consecutive days, or six days in any calendar year.

C.

Parking and Storage not Allowed in Certain Yard Areas. No portion of any required front yard, exterior side yard of a comer lot, or rear yard of a double frontage lot except as hereafter provided, shall for any period of time in excess of three consecutive days or six days in a calendar year be used for the unenclosed parking or storage of the following:

1.

Motor vehicles, except in fully operational condition and currently registered and licensed for operation on public streets and highways, and when parked on the driveway of the property;

2.

Recreational vehicles;

3.

Disabled/inoperative vehicles;

4.

Trailers of any kind or type. Camper units detached from the truck or other motor vehicles for which they are designed or customarily used shall be considered trailers for the purpose of this section;

5.

Boats and boats on trailers;

6.

Equipment as defined in subsection (B)(3);

7.

Commercial vehicles of over ten thousand pounds gross weight, or in excess of twenty feet in length;

8.

Parts of any items of property described in one through five of this section.

Any of the foregoing items of property, which have been stored on a site or yard described herein for less than three consecutive days or six days in any calendar year and then removed, shall not again be stored on such site or yard in that same calendar year unless in compliance with either subsection D or E of this section.

D.

Vehicle Storage Exceptions in the Single Family Residential (R-1) District. Subject to first obtaining a Certificate of Zoning Compliance approved by the planning director and payment of applicable fees, not more than one boat, or one trailer and boat combination, or one utility trailer may be allowed when it has been determined by the planning director that due to lack of feasible access, the vehicle cannot be parked or stored in the interior side yard or rear yard area and where the trailer, or boat trailer combination meet the following criteria:

1.

The trailer/boat combination or utility trailer shall not exceed twenty feet in length or ten feet in height; and

Is parked or stored entirely upon the paved or designated driveway area, and not encroaching upon the public sidewalk; and

3.

Is maintained in a clean condition and not containing refuse, or materials; and

4.

Is covered with a secure tarp, or fitted fabric cover in good condition.

E.

Temporary Extension of Time/Hardship. Upon demonstration of hardship, and subject to first obtaining a temporary use permit pursuant to Section 17.42.015, the storage of the items of property described in subsections B and C of this section may be allowed in front, side or rear yards of sites for a period of time not to exceed forty-five days in any calendar year.

F.

Vehicle Storage in Multifamily Residential Districts. Storage described in this section is not permitted, unless an area for such storage has received previous formal approval by the city or first obtains approval of a conditional use permit by the planning commission.

G.

Disabled/Inoperative Vehicles. No vehicles shall be repaired in the required front yard, street side yard or rear yard of double frontage lots or on driveway portions of a lot except in bona fide emergency situations. Any such repairs shall be complete within two calendar days. Repairs shall be limited to light work such as minor tune-ups and shall not involve significant parts removal or replacement. More extensive repairs may be conducted when out of public view within a garage or when enclosed by a solid wood fence.

(Ord. 568 § 2, 2000)

17.38.350 - Cardrooms. ¶

Cardrooms established pursuant to Chapter 5.36 shall comply with the following requirements:

A.

All cardrooms shall comply with the cardroom licensing procedures as defined and required in Chapter 5.36 of this code;

B.

A conditional use permit shall be required for each licensed cardroom with more than two card tables. The conditional use permit may be revoked by the planning commission if the use is found to be in violation of Chapter 5.36 of this code or other city regulations, or may be modified by the planning commission if deemed necessary.

C.

The planning commission may require the installation of a robbery alarm or other security measures on the premises if circumstances warrant. The planning commission may rely on recommendations by the police department regarding whether, and to what extent, security measures may be required.

(Ord. 649 § 2, 2007)

17.38.360 - Medical marijuana regulations. ¶

A.

Purpose and Authority. The purpose of this chapter is to enact a complete and total prohibition of medical marijuana dispensaries, including mobile dispensaries, medical marijuana cultivation, and medical

marijuana deliveries in the city. By adopting the following regulations, the council will achieve elimination of the harms caused or threatened by cultivation and distribution of marijuana. The city council enacts this chapter in accordance with the authority granted to cities by the California Constitution and California state law.

B.

Definitions. For the purposes of this section, the following definitions shall apply, unless the context indicates otherwise.

1.

"Marijuana" shall have the same meaning as the definition of that word in California Health and Safety Code Section 11018.

2.

"Medical marijuana cultivation" means the growing of marijuana for medical purposes pursuant to California Health and Safety Code Section 11362.5, by any person, including but not limited to a qualified patient, person with an identification card, or a primary caregiver. Cultivation includes the cultivation, till, work or development of marijuana, both female and male parts at all stated of growth, including but not limited to mature or immature plants, clones, seedlings or germinating seeds. Cultivation also includes the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.

3.

"Medical marijuana dispensary" is inclusive of medical marijuana cooperative/collective or medical cannabis dispensary and means any facility or location, whether fixed or mobile, where medical marijuana is cultivated, provided, sold made available or otherwise distributed by any means to three or more of the following; any individual, including but not limited to, a primary caregiver, a qualified patient, or a person with an identification card. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or applicable law; a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed

pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5 et seq.

4.

"Qualified patient," "primary caregiver," "person with an identification card" and "identification card" shall have the same meanings as set forth in California Health and Safety Code Section 11362.7.

C.

Cultivation of Medical Marijuana Prohibited. No person owning, renting, leasing, occupying or having charge or possession of any parcel of real property in the city shall cause or allow such parcel to be used for the cultivation of marijuana plants of any type, indoors or outdoors, or within public view, within any zoning district in the city. The city shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana cultivation facility in any zoning district.

D.

Marijuana Deliveries and Dispensaries Prohibited. A medical marijuana dispensary, including any portion of operations allowing for the delivery of marijuana by any means, is prohibited in all zones, districts, properties, and areas within the city. No person or entity shall operate or permit to be operated a medical marijuana dispensary in or upon any property or premises in the city. The city shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary in any zoning district.

E.

Enforcement. Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of chapter or any other applicable law.

(Ord. No. 695, § 2, 2-3-2016; Ord. No. 696, § 2. 1-6-16)

17.38.370 - Employee housing.

A.

Purpose. The purpose of this section is to regulate employee housing in order to minimize and avoid deleterious impacts of such housing on surrounding neighborhoods and the City as a whole, including but not limited to impacts related to overcrowding, traffic and parking, noise, unanticipated demand on city police and fire services, and reduction of the city's housing supply - particularly housing required to meet the needs of moderate, low, and very low-income residents.

B.

Employee Housing Defined. For purposes of this section, "employee housing" means employee housing as defined in Health and Safety Code section 17008 when the accommodations consist of the following: a

housing type permitted in the underlying zoning district and buildings and structures permitted by the city for occupancy.

C.

Applicability. The requirements of this section apply to all employee housing within the city. Failure of an owner and/or operator of employee housing to comply with the provisions of this section is a public nuisance and the owner and/or operator is subject to any penalties, fines, and/or hearing procedures of the city. Per Health and Safety Code section 17021.5, employee housing providing accommodations for six or fewer employees per unit is not subject to this section.

D.

Conditional Use Permit for Employee Housing Required. A conditional use permit for employee housing is required pursuant to this section for employee housing located in the R-1.5, R-2, R-3, and C-R zones where accommodations are provided for seven or more employees in any dwelling unit. Employee housing where accommodations are provided for seven or more employees in any dwelling unit is prohibited in all other zoning districts, unless otherwise allowed by law.

E.

Findings Required for Conditional Use Permit for Employee Housing. In addition to the findings required by section 17.42.050, the Planning Commission must make the following findings before issuing a conditional use permit for employee housing:

1.

The employee housing conforms to the density, development standards, permit requirements, and other regulations of the underlying zoning district. If the employee housing involves construction of new units, the employee housing complies with all requirements for such new development, including but not limited to the city's inclusionary housing provisions in Chapter 17.41. If the employee housing involves conversion of existing structure(s), any such conversion must bring the structure(s) up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the city's building inspector.

2.

The employee housing has obtained certification by the state workforce agency that the employee housing complies with federal and state program standards, and the city has been provided proof of certification by the California Employment Development Department and/or California Department of Housing and Community Development acting as the state workforce agency and/or any other state or federal agency required to certify the employee housing.

3.

The employee housing will not cause deleterious impacts to the use and enjoyment of property by surrounding neighbors. Examples of deleterious impacts include, but are not limited to, impacts caused by

traffic and noise, impacts on police and fire services, pedestrian and public safety impacts, and nuisance and blight issues.

4.

The employee housing will not result in the eviction of any tenant of an existing unit in violation of state law, including but not limited to Civil Code Section 1946.2.

5.

The employee housing will not result in the termination of the residential tenancy or the eviction of any existing tenant that has occupied or executed a lease for at least twelve months unless just cause exists under Civil Code Section 1946.2(b) or the owner and/or operator of the employee housing provides relocation assistance to any such tenant in the amount of six months' rent.

6.

The employee housing will not result in a net loss of units designated as affordable units, including but not limited to (i) any existing units subject to an affordability requirement or deed restriction, (ii) any units required to be constructed and maintained as affordable pursuant to Chapter 17.41 (Inclusionary Housing), and (iii) any units required to be constructed and maintained as affordable pursuant to a development agreement.

F.

Performance Standards. The employee housing must comply with the below performance standards, which are hereby incorporated as conditions of approval for any conditional use permit for employee housing issued pursuant to this section unless modified by the Planning Commission at the request of the owner and/or operator.

1.

The owner and/or operator of any unit used for employee housing shall consistently maintain the unit and property. Such maintenance includes, but is not limited to, landscape maintenance with healthy plant materials and weed, dirt, litter, and graffiti removal. The owner and/or operator must submit to the city for the city's review and approval a management plan identifying, at minimum, management and operation of the employee housing, tenant rules, safety and security of residents, and building and site maintenance prior to issuance of any conditional use permit for employee housing. The city may review the management plan on an annual basis.

2.

Accessory buildings, attached or detached garages, and any other structure that is not permitted as a dwelling unit may not be used for employee housing.

3.

Common living areas (kitchens, dining rooms, living rooms, family rooms, etc.) within existing units shall not be converted to, or used for, additional sleeping areas.

The appearance of the unit or property shall not be designed or modified (either by color, materials, construction, signs, lighting, sounds, etc.) so as to be recognized as employee housing.

5.

No commercial signs shall be permitted on the property or on vehicles parked at the property.

6.

Any vehicles associated with the operation of the employee housing, including but not limited to employee transportation, deliveries, and company vehicles shall not impede vehicular or pedestrian traffic or block any driveway or sidewalk. The owner and/or operator must submit a traffic circulation plan identifying, at minimum, bus/shuttle loading and unloading locations, to the city for the city's review and approval prior to issuance of any conditional use permit for employee housing pursuant to this section. The city may review the traffic and circulation plan on an annual basis.

7.

Vehicles with the capacity to carry sixteen or more passengers shall not be parked on the property or adjacent streets other than when actively in the process of picking up or dropping off employees.

8.

The owner and/or operator of the employee housing shall establish a twenty-four-hour emergency contact phone number.

9.

Bicycle racks sufficient to serve the employee housing shall be provided.

10.

The property must provide, at minimum, one parking space designated exclusively for the manager and one space for each employee on the site. The property must otherwise comply with the parking requirements of the underlying zoning district.

G.

Duration, Revocation, Transferability, and Penalty for Violation. A conditional use permit for employee housing issued pursuant to this section is subject to the requirements of sections 17.42.070 and 17.42.080. In addition, the following factors are grounds for review and/or revocation of a conditional use permit for employee housing issued pursuant to this section:

1.

Frequent or an unusual number of calls for service or public complaints regarding an employee housing site may lead to review and/or revocation of a conditional use permit for employee housing issued pursuant to this section.

2.

Revocation or other loss of any required state or federal certification for operation of the employee housing.

(Ord. No. 728, § 4, 3-3-2020; Ord. No. 737, § 3, 4-7-2021)

17.38.380 - Assisted affordable units. ¶

A.

Applicability. This section applies to deed-restricted projects with affordable units that receive assistance from state or federal funding sources.

B.

Notice Required. Owners of deed-restricted affordable projects are required to provide notice of affordability restrictions that are expiring after January 1, 2021, to all prospective tenants, existing tenants, and the city at the following intervals prior to the expiration date: One notice three years prior, a second notice one year prior to expiration, and a third notice six months prior to the scheduled expiration of rental restrictions.

(Ord. No. 752, § 2, 10-4-2023)

17.38.390 - Single-room occupancy facilities.

A.

Development Standards. Single-room occupancy facilities shall comply with the following standards, subject to approval from the community and economic development director or designee:

1.

The floor areas per room shall be a minimum of one hundred fifty square feet, including bathroom and kitchen facilities.

2.

The maximum room occupancy shall be one person.

3.

A common area with a minimum of two hundred fifty square feet shall be provided.

4.

A manager's unit shall be provided and may exceed the maximum allowable square feet per room.

B.

D.

Enforcement. Violations of this chapter shall be enforceable pursuant to the provisions of this chapter or any other applicable law.

(Ord. No. 761, § 2, 10-4-2023)

Chapter 17.39 - DENSITY BONUS

Sections:

17.39.010 - Title. ¶

This chapter shall be known and may be cited as the density bonus ordinance of the city.

For the purposes of this chapter, "density bonus" means a density increase of at least twenty-five percent over the otherwise maximum allowable residential density under the zoning ordinance and the land use element of the general plan as of the date of filing of an application for development. The density bonus shall not be included when determining the number of housing units which is equal to ten percent or twenty percent of the total.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

17.39.050 - Limitation on entitlement. ¶

If a developer agrees to construct both twenty percent of the total housing units for lower income households and ten percent of the total housing units for very low income households, the developer shall

be entitled to only one density bonus and at least one additional concession or incentive identified in Section 17.39.060 of this chapter or in Section 65913.4 of the Government Code; provided, however, that the city, in its discretion, may grant more than one density bonus.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

17.39.060 - Concession or incentive defined.

For purposes of this chapter, "concession or incentive" means any of the following:

A.

Reduction in minimum lot size required for senior citizens projects only;

B.

Increase in maximum lot coverage allowed;

C.

Reduction in minimum property line or street setbacks required;

D.

Reduction in amount of landscaping required;

E.

Reduction of minimum distance between buildings on the same property;

F.

Reduction in the minimum number of parking spaces required;

G.

Allowing additional increases in density;

H.

Allowing mixed use (e.g., residential/commercial, residential/office-professional or residential/industrial), if compatible with the proposed housing development and with existing or planned development in the vicinity;

I.

Other regulatory concessions, including modification of zoning and architectural design requirements, but only to the extent that such requirements exceed the minimum building standards approved by the State Building Standards Commission as provided in Paragraph 2.5 (commencing with Section 189-01) of Division 3 of the Health and Safety Code;

J.

Other financial incentives, including waiver or reduction of applicable fees and charges, the provision of required infrastructure, the use of redevelopment funds, or other forms of direct financial assistance.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

17.39.070 - Application for concessions or incentives. ¶

A.

Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 17.39.035, the affordable housing developer must comply with all the following requirements:

1.

File an application for a density bonus in accordance with this section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a conditional use permit or other permit or approval (Section 65915(d)(1) of the Government Code).

2.

State in the application the specific minimum affordable housing component proposed for the housing development (Section 65915(b)(2) of the Government Code).

3.

Enter into an agreement with the city or its designee pursuant to Section 17.39.0250 (affordable housing agreement and equity sharing agreement) to maintain and enforce the affordable housing component of the housing development (Section 65915(c) of the Government Code).

B.

Application Fees. Application fees shall be collected in accordance with Section 17.42 (zoning compliance certificates-conditional use permits-variances).

1.

If an application for a density bonus requires an unusual amount or specialized type of study required by state law or evaluation by city staff, consultant, or legal counsel, city staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the city council decides on the application, city staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

2.

Affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on the housing development's affordable units (Section 65915.1 of the Government Code).

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

(Ord. No. 753, § 2, 10-4-2023)

17.39.080 - Evaluation of application. ¶

The planning commission shall evaluate and make its written recommendation to the city council upon an application for concessions or incentives pursuant to this chapter, based on the following criteria:

(a)

The requested concessions or incentive must be economically necessary in order to make the set-aside unit or units affordable as required by this chapter. The materials submitted by the developer must clearly indicate how the requested concession or incentive would make the project economically feasible.

(b)

The requested concession or incentive shall not result in a net profit of greater than twenty percent in comparison to the profit that would be made from the development without the density bonus and without the concessions and incentives available to the development under the provisions of this chapter.

(c)

The requested concession or incentive shall not be materially detrimental to public health, safety and welfare, nor injurious to property and/or improvements in the vicinity of the development.

(d)

The requested concession or incentive shall not result in an overall development pattern that is incompatible with other structures in the immediate vicinity.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

17.39.090 - Filing and processing of applications. ¶

Applications for concessions and incentives shall be made in writing to the director or designee, who shall determine whether the application is complete and complies with the provisions of this chapter and other applicable laws and regulations. The application shall specify the concession or incentive requested. The director or designee shall, within sixty days after the date on which certifies the application as complete, respond to the request for additional concessions and incentives in one of the following ways:

1.

By recommending approval of the request;

2.

By recommending modification or disapproval of the request.

If modification or disapproval of the request is recommended, the director or designee shall indicate why the requested concession or incentive is not consistent with those allowed by this chapter and state law. The written recommendation of the director or designee shall be presented to the city council within fortyfive days after the date on which the application is determined by the director or designee to be complete and in compliance, as set forth in this section.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

(Ord. No. 753, § 2, 10-4-2023)

17.39.100 - Planning commission action. ¶

Upon receipt of the report and recommendation of the planning director upon an application filed pursuant to this chapter, the planning commission shall hold a public hearing thereon and shall give notice of such hearing pursuant to the provisions of Sections 65090 and 65091 of the Government Code. Following the hearing, the commission shall make its written recommendation to the city council with respect to the application.

Those units targeted for lower income households, as defined in Section 50079.5 of the Health and Safety Code, shall be affordable at a rental that does not exceed thirty percent of sixty percent of area median income; those units targeted for very low income households as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty percent of fifty percent of area median income.

D.

The owner shall submit annually, and within thirty days of occupancy of a set-aside unit, a certificate of compliance, which shall include the name, address and income of each tenant currently occupying a setaside unit; also a report of the occupancy of all set-aside units for the year prior to the submission of the certificate of compliance.

E.

The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the set-aside units.

F.

The city shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

G.

No subletting of rental set-aside units shall be allowed unless the sublessee qualifies as a very low or low income or senior citizen household and the combined income of all persons occupying the subleases premises, adjusted for family size, does not exceed the income limits set forth in this section.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

(Ord. No. 753, § 2, 10-4-2023)

17.39.140 - Provisions applicable to ownership density bonus development projects.

The following provisions shall apply only to ownership density bonus projects:

A.

At least twenty percent of the units allowed prior to adding in the density bonus units shall be sold to low income households, as defined in Section 50079.5 of the Health and Safety Code, or at least ten percent of the units allowed prior to adding in the density bonus units shall be sold to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least fifty percent of the units allowed prior to adding in the density bonus units shall be sold to senior citizens, as defined in Section 51.3(c) of the Civil Code.

B.

All ownership set-aside units shall be occupied by their purchasers; no renting or leasing shall be allowed.

(Ord. 501 § 2(1) (Exbt. A) (part), 1991)

(Ord. No. 753, § 2, 10-4-2023)

17.39.150 - Effect of proposal for waiver or reduction of development standards.

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 65915(d) of the

Government Code.

(Ord. No. 753, § 2, 10-4-2023)

17.39.160 - Density bonus allowance for housing development with affordable housing component.

A.

If the requirements of Section 17.39.040 (property development standards) are met, then the affordable housing developer is entitled to a density bonus pursuant to Section 65915(f) of the Government Code as follows in Table 17.39.100-1.

Table 17.39.100-1

Density Bonus Allowance for Housing Development Projects with Affordable Housing Component

HOUSEHOLD INCOME CATEGORY	MINIMUM PERCENT OF AFFORDABL E UNITS	MINIMUM DENSITY BONUS	ADDITIONAL DENSITY BONUS FOR EACH 1% INCREASE IN AFFORDABLE UNITS	MAXIMUM PERCENT OF AFFORDABL E UNITS	MAXIMUM POSSIBLE DENSITY BONUS
Afordable Housing Development
Very Low Income1	5%	20%	2.5%; 3.75% once 11% units are very low- income	15%	50%
Low Income	10%	20%	1.5%; 3.75% once 20% units are low-income	24%	50%
Moderate Income (For- Sale Units)	10%	5%	1%; 3.75% once 40% units are moderate- income	44%	50%
Endnote: (1) The very low-income category includes the extremely low-income category.

The applicant may also receive a height increase of up to three additional stories or thirty-three feet.

b.

The city shall not impose any maximum controls on density. If no maximum controls on density are imposed on a project, then the development will only be eligible for waivers or reductions of development standards provided in Section 17.39.170.

(Ord. No. 753, § 2, 10-4-2023)

17.39.180 - Density bonus for housing development with affordable housing component and childcare facility.

Criteria. For a density bonus to be granted pursuant to Section 17.39.0120B for including a minimum affordable housing component with a childcare facility in a housing development, all of the following must be satisfied:

1.

Compliance with Section 17.39.040 (Government Code Section 65915(h)(1)).

2.

The housing development must include a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development (Government Code Section 65915(h)(1)).

3.

Approval of the housing development must be conditioned to ensure that both of the following occur:

a.

The childcare facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.39.0250 (Government Code Section 65915(h)(2)(A)).

b.

Of the children who attend the childcare facility, the children of very low-income households, low-income households, or families of moderate-income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2) (B)).

4.

The city has not made a finding based upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

B.

Density Bonus Allowance. If the requirements of Subsection 17.39.0120A are met, then an applicant for a housing development with an affordable housing component and childcare facility is entitled to a density bonus pursuant to Section 17.39.0100 (density bonus allowance for housing development with affordable housing component) and either:

1.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility (Government Code Section 65915(h)(1)(B)); or

2.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility (Government Code Section 65915(h)(1)(A)).

(Ord. No. 753, § 2, 10-4-2023)

17.39.190 - Density bonus for housing development for transitional foster youth, disabled veterans, or homeless persons.

A.

Requirements. An applicant for a housing development with ten percent of total units dedicated to transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of fifty-five years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program) and shall be provided at the same affordability level as very-low-income units.

B.

Density Bonus. The density bonus shall be twenty percent of the number units provided for transitional foster youth, disabled veterans, or homeless persons (Section 65915(f)(3) of the Government Code).

(Ord. No. 753, § 2, 10-4-2023)

17.39.200 - Density bonus for housing development for lower-income students.

A.

Criteria. An applicant for a housing development with twenty percent of total units for lower income students in a student housing development must meet the following requirements:

1.

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of

occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

2.

The applicable twenty percent units will be used for lower-income students.

3.

The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent of sixty-five percent of the area median income for a single-room occupancy unit type.

4.

The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in Section 103577.e.3. of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.

B.

Student Housing Unit. For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of fifty-five years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).

C.

Density Bonus. The density bonus shall be thirty-five percent of the number of student housing units (Government Code Section 65915(f)(3)).

(Ord. No. 753, § 2, 10-4-2023)

17.39.210 - Density bonus for senior citizen housing development. ¶

An applicant for a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sections 798.76 or 799.5 of the Civil Code is entitled to a density bonus of twenty percent of the number of senior citizen housing development units (Government Code Sections 65915(b)(1)(C) and 65915(f)(3)).

(Ord. No. 753, § 2, 10-4-2023)

17.39.220 - Density bonus for land donations. ¶

A.

Criteria. For a density bonus for a qualified land donation to be granted pursuant to Section 17.39.0180, all the requirements of this section must be met.

1.

The applicant must be applying for a tentative subdivision map, parcel map, or other residential development approval (Government Code Section 65915(g)(1)).

2.

The application must include at least a ten percent minimum affordable housing component for very lowincome households (Government Code Section 65915(g)(1)).

3.

The applicant must agree to donate and transfer qualified land, which is land that meets both the following criteria:

a.

The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development pursuant to Section 65915(g)(2)(B) of the Government Code.

b.

The transferred land must be at least one acre in size or of sufficient size to permit development of at least forty units, have the appropriate general plan land use designation, be zoned with appropriate development standards for development at the density described in Section 65583.2(c)(3) of the Government Code, and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2) (C)).

4.

The qualified land must be transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)).

5.

The qualified land must have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed. However, the city may subject the proposed development to subsequent design review to the extent authorized by Section 65583.2(i) of the Government Code if the design is not reviewed by the city prior to the time of transfer (Government Code Section 65915(g)(2)(D)).

6.

The qualified land must be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g) (2)(A)).

7.

The qualified land and the affordable units must be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.39.0200, which must be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).

8.

The qualified land must be within the boundary of the proposed development or, if the city agrees, within a quarter mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).

9.

A proposed source of funding for the very low-income household units must be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(H)).

B.

Density Bonus Allowance for Qualified Land Donation for Very Low-Income Housing. If the requirements of Section 17.39.180.A are satisfied, the applicant shall be entitled to at least a fifteen percent increase above the otherwise maximum allowable residential density for the entire development, as follows in Table 17.39.180-1 (Government Code Section 65915(g)(1)).

Table 17.39.180-1

Density Bonus Allowances for Qualified Land Donation Projects

HOUSEHOLD INCOME CATEGORY	MINIMUM PERCENT OF VERY LOW- INCOME UNITS	MINIMUM DENSITY BONUS	ADDITIONAL DENSITY BONUS FOR EACH 1% INCREASE IN VERY LOW- INCOME UNITS	MAXIMUM PERCENT OF VERY LOW- INCOME UNITS	MAXIMUM POSSIBLE DENSITY BONUS
Very-Low- Income Housing	10% of entire development	15%	1%	30% of entire development	65% (max. combined)

All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

(Ord. No. 753, § 2, 10-4-2023)

17.39.230 - Floor area ratio density bonus.

A.

A floor area ratio density bonus may be granted to an eligible housing development, upon request of the developer, in lieu of a density bonus awarded based on dwelling units per acre.

1.

In calculating the floor area ratio bonus pursuant to this section, the allowable gross residential area in square feet shall be the product of all the following amounts:

a.

The allowable residential base density in dwelling units per acre.

b.

The site area in square feet, divided by forty-three thousand five hundred sixty.

c.

Two thousand two hundred fifty.

2.

The city council shall not impose any parking requirement on an eligible housing development in excess of 0.1 parking spaces per unit that is affordable to persons and families with a household income equal or less than one hundred twenty percent of the area median income and 0.5 parking spaces per unit that is offered at market rate.

3.

An applicant seeking to develop an eligible residential development shall be allowed to calculate impact fees based on square feet, instead of on a per-unit basis. Any affordable housing impact fees generated by the housing development, including inclusionary zoning fees and in-lieu fees, will not be levied on the housing development's affordable units (Government Code Section 65915.1).

4.

If an eligible housing development is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the general plan applicable to the nonresidential portion of the eligible residential development, shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section.

An applicant for a floor area ratio bonus may also submit to the city a proposal for specific incentives or concessions pursuant to Section 17.39.0180.

(Ord. No. 753, § 2, 10-4-2023)

17.39.240 - Affordable housing incentives. ¶

A.

Subsections 65915(d), (j), (k) and (l) of the Government Code govern the following provisions regarding affordable housing incentives.

B.

Qualifications for Incentives. Subject to Section 17.39.0200, all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Section 17.39.0200 and Section 17.39.0170:

1.

The applicant for an incentive must also be an applicant for a density bonus and qualify for a density bonus pursuant to Section 17.39.040 (Government Code Section 65915(d)(1)).

2.

A specific written proposal for an incentive(s) must be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

3.

If an incentive(s) pursuant to Sections 17.39.0200 and 17.39.0190 is sought, the applicant must establish that each requested incentive would result in identifiable and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) and 65915(k)(3)).

4.

If an incentive(s) pursuant to Subsection 17.39.0200B.2 is sought, the applicant must establish that requirements of that section are met (Government Code Section 65915(k)(2)).

5.

If an additional incentive for a childcare facility is sought pursuant to Section 17.39.0120, the applicant must establish that requirements of that section are met (Government Code Section 65915(h)(1)(B)).

6.

The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, study, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the community development director (director) and, if requested, the director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

C.

Types of Incentives. For the purposes of this chapter, incentive means any of the following:

1.

A reduction in site development standards or a modification of development code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 17.39.0250. (Government Code Section 65915(k)(1)).

17.39.270 - Waiver or modification of development standards.

A.

Requirements for Waiver or Modification of Development Standards.

1.

Application. To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states

the specific development standard(s) sought to be modified or waived and the basis of the request(Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this section may request a meeting with the director to review the proposal. If requested, the director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 17.39.0200 (Government Code Section 65915(e)(2)).

2.

Findings. All the following findings must be made for each waiver or reduction requested:

a.

The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this chapter (Government Code Section 65915(e)(1)).

b.

The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health or safety or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).

c.

The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e) (1)).

d.

The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

3.

Additional Waivers or Modifications of Development Standards. A housing development that receives a waiver from maximum controls on density pursuant to Section 17.39.190 is only eligible for a waiver or reduction in development standards as provided in Section 17.39.190.A, unless the city agrees to additional waivers or reductions of development standards.

4.

Granting Application for Waiver or Modification of Development Standards. If the requirements of Section 17.39.0210 are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the city shall not apply a development standard that will have the effect of physically

precluding the construction of a qualified housing development at the densities or with the incentives permitted by this chapter (Government Code Section 65915(e)(1)).

(Ord. No. 753, § 2, 10-4-2023)

17.39.280 - Parking standard modifications for qualified housing developments. ¶

A.

Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Section 17.39.0240 are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Section 17.39.0240 must be submitted with the qualified housing development application (Government Code Section 65915(p)(6)).

B.

Parking Standard Modifications. If the requirements of Section 17.39.0240 are met, the vehicular parking ratio, inclusive of parking for persons with a disability and guests, shall not exceed the following ratios (Government Code Section 65915(p)(1)), except where noted under Section 17.39.240.C (exceptions):

1.

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

2.

Two to three bedrooms: one and one-half on-site parking spaces.

3.

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

C.

Exceptions. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of parking for persons with a disability and guests, to the entire housing development subject to this chapter, as required by Government Code Section 65915(p)(2):

1.

A maximum of one-half parking spaces per bedroom shall apply when all the following conditions apply:

a.

The development includes either:

i.

At least eleven percent very low-income units for housing developments meeting the criteria in Section 17.39.0100; or

ii.

At least twenty percent low-income units for housing developments meeting the criteria in Section 17.39.0100; or

iii.

At least forty percent moderate-income units for housing developments meeting the criteria in Section 17.39.0100.

b.

D.

If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, "on-site parking" may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(5)).

E.

Except as otherwise provided in this section, all other provisions of Chapter 19.82 (off-street parking and loading) applicable to residential development apply.

F.

An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 17.39.0160 (Government Code Section 65915(p)(6)).

G.

Notwithstanding allowances in Section 17.39.0240, if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Section 17.39.0240, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low- income individuals, including seniors and special-needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

(Ord. No. 753, § 2, 10-4-2023)

17.39.290 - Density bonus and affordable housing incentive program.

A.

Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this chapter must comply with the following requirements, unless otherwise specified in writing by the Director:

1.

Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.

2.

Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

3.

Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

B.

Application Requirements. An application for one or more affordable housing benefits must be submitted as follows:

Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the city.

2.

The application must include the information and documents necessary to establish that the requirements of this chapter are satisfied for each affordable housing benefit requested, including:

a.

For density bonus requests, that the requirements of Section 17.39.040 are met;

b.

For incentive requests, that the requirements of Section 17.39.160 are met;

c.

For development standard waiver or modification requests, that the requirements of Section 17.39.200 are met; and/or

d.

For parking standard modification requests, that the requirements of Section 17.39.200 are met.

3.

The application must be submitted concurrently with a complete application for a qualified housing development. When notifying the applicant for a density bonus whether the application is complete, the city shall also notify the applicant of:

a.

The amount of density bonus for which the applicant is eligible: and

b.

If a parking ratio is requested by the applicant, the parking ratio for which the applicant is eligible; and

c.

If the applicant requests incentives or concessions, or waivers or reductions of development standards, the city/county will notify the applicant whether the applicant has provided adequate information for the city/county to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

4.

The application must include a site plan that complies with and includes the following:

The affordable housing developer of a qualified housing development based upon the inclusion of lowincome and/or very low-income affordable rental units must enter into an agreement with the city to maintain the continued affordability of the affordable units for fifty-five years (for rental units) or forty-five years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Government Code Section 65915(c)(1)(A)).

2.

Agreement Conditions. The agreement shall establish specific compliance standards and specific remedies available to the city if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

3.

Determining Rent. Rents for the lower-income affordable units that qualified the housing development for the density bonus pursuant to Section 17.39.040 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent, as defined in California Health and Safety Code Section 50053.

a.

Exceptions—Rental Units. In a rental housing development with one hundred percent of units affordable to lower-income households per Section 17.39.110, rents would be governed as follows. At least twenty

percent of the units in the development would be rented at affordable rents and the rent for the rest of the units would be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

Any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower-income households, unless the proposed housing development replaces those units, and either of the following applies:

i.

The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (2) below.

Thirty-three percent of the total units of the proposed condominium project to persons and families of moderate-income households, or

b.

Fifteen percent of the total units of the proposed condominium project to persons and families of lowincome households.

2.

If applicant agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section, the city shall either:

a.

Grant a density bonus, or

b.

Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).

B.

Definition of Density Bonus for Condominium Conversion Projects. If the requirements of Section 17.39.0260.A are met, then the condominium conversion project will be entitled to an increase in units of twenty-five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion from apartments to condominiums (Government Code Section 65915.5(b)).

C.

Presubmittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects. Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert apartments to a condominium project may submit to the director a preliminary proposal for density bonus or other incentives of equivalent financial value. The director shall, within ninety days of receipt of a written proposal, notify the applicant of the director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the director's preliminary response (Government Code Section 65915.5(d)).

D.

Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant must submit a completed application provided by the city for a density bonus or for other incentives of equivalent financial value. The application must be submitted concurrently with the application for the condominium conversion project. The application must include the following:

1.

All information and documentation necessary to establish that the requirements of Section 17.39.260 are met.

2.

The proposal for a density bonus or the proposal for other incentives of equivalent financial value.

3.

Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units, and the density bonus units in the condominium conversion project.

4.

Any other information and documentation requested by the city to determine if the requirements of Section 17.39.260 are met.

E.

Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion must be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

F.

Granting Density Bonus or Incentive for Condominium Conversion Projects.

1.

Approval.

a.

If the requirements of Section 17.39.260 are met, the decision-making body for the condominium

conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Section 17.39.260.

b.

Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including, but not limited to, entering into an affordable housing agreement pursuant to Section 17.39.250, which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).

2.

Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 17.39.040 or other incentives were provided (Government Code Section 65915.5(f)).

3.

Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums (Government Code Section 65915.5(e)).

(Ord. No. 753, § 2, 10-4-2023)

17.39.330 - Enforcement provisions. ¶

A.

Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the city. This provision applies throughout the restricted time periods pursuant to Section 17.39.250 and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

B.

Ongoing Compliance. Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this chapter and the terms of the affordable housing agreement. Upon thirty-day notice, the city may perform an audit to determine compliance with this chapter and the terms of any agreement or restriction.

C.

Enforcement. The city has the authority to enforce the provisions of this chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this chapter, the city may, at its discretion, take any other enforcement action permitted by law, including those authorized by city ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 753, § 2, 10-4-2023)

Chapter 17.40 - NONCONFORMING USES

Sections:

17.40.010 - Continuance of existing uses. ¶

Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use, or the building or structure, does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified in this title. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification or a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any

use is wholly discontinued for any reason except pursuant to a valid order of a court of law, for a period of one year, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and all future uses shall comply with the regulations of the particular district in which the land or building is located.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.40.020 - Limitations to applicability of provisions. ¶

This chapter does not require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of the ordinance codified in this title or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter requires any change in the construction, alteration or intended use of any structure.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.40.030 - Use of lands without buildings or structures.

If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of five years from the date of the adoption of the ordinance codified in this title. After the expiration of the five-year period, such lands shall be used only in conformance with the regulations of the district in which they are located.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.40.040 - Enlargement, extension, reconstruction or alteration permitted when.

Any building or structure existing at the date of the adoption of the ordinance codified in this title which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this ordinance for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or portions thereof replaced do not exceed twentyfive percent of the building's appraised valuation, as shown on the latest assessment roll of the city.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.40.060 - Applicability of provisions following redistricting.

This chapter applies to structures, land and uses which become nonconforming after the effective date of the ordinance codified in this title due to redistricting of any lands under this title.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.41 - INCLUSIONARY HOUSING

Sections:

17.41.010 - Title.

The provisions of this chapter shall be known collectively as the inclusionary housing ordinance of the city of Soledad.

(Ord. 620 § 2 (part), 2005)

17.41.020 - Purpose. ¶

The purpose and intent of this chapter is to promote the public welfare by increasing the production and availability of affordable housing units, and to establish inclusionary housing requirements which implements general plan policies guiding land use and housing development. It is the intent of the city of Soledad to provide for a minimum of twenty percent of new housing units be affordable to moderate, low and very low income households (eight percent moderate income, six percent low income and six percent very low income).

(Ord. 620 § 2 (part), 2005)

17.41.030 - Definitions. ¶

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:

"Affordable" means housing which can be purchased or rented by a household with very low, low, or moderate income. Units designated for purchase by lower income households shall be affordable according to income limits established by the state department of housing and community development for the county of Monterey. Units designated for rent by lower income households shall be affordable at rents that do not exceed thirty percent of sixty percent of area median income. Units designated for rent by very low income households shall be affordable at rents that do not exceed thirty percent of fifty percent of the area median income.

"Affordable housing agreement" means a written agreement between the developer, city and possibly additional parties which specify the terms and conditions under which affordable housing requirements are to be met.

"Affordable housing fund" means a fund established and administered by the city, containing in-lieu fees and other funds held and used exclusively to increase and improve the supply of affordable housing.

"Affordable housing project" means a development project in which one hundred percent of the dwellings to be built will be sold or rented in conformance with the city's affordable housing standards.

"Building valuation" means the total value of the construction work for which a construction permit is required, as determined by the building official using the Uniform Building Code.

"Commercial mixed use project" means a development project involving primarily non-residential uses, including retail, office, commercial, industrial, and manufacturing uses as further described in the zoning regulations.

"Density" means residential density as defined in the appropriate sections of this code.

"Density bonus" means a density increase of at least twenty-five percent over the maximum density otherwise allowable under the zoning regulations.

"Development project" means an activity for which a subdivision map or construction permit is required, including new buildings and building additions or remodels, but not including changes in ownership, occupancy, management or use.

"Director" means the community development director or his/her authorized representative.

"Equity build-up" means a property's sales price at first resale, less the initial purchase price and less the city's equity share as described in Section 17.41.210 of this chapter.

"Expansion area" means a land area proposed for annexation to the city or annexed after the adoption date of the ordinance codified in this chapter.

"Inclusionary housing unit" means a dwelling which is built under the provision of this chapter, and which meets the city's affordable housing standards.

"In-lieu fee" means a fee paid to the city as an alternative to the production of inclusionary housing, to be used in the acquisition, construction, or rehabilitation of affordable housing.

"Low" or "lower income households" shall have the meaning set forth in California Health and Safety Code, Section 50079.5; provided the income of such persons and families shall not exceed eighty percent of the median income within the county.

"Market value" means the highest price a willing buyer would pay and willing seller would accept, both being fully informed and in an open market, as determined by an appraiser or other qualified professional. See also Section 17.41.210 of this chapter.

"Moderate income households" mean and include those persons and families whose incomes exceed eighty percent but are less than or equal to one hundred twenty percent of the median income within the county.

"Real property" means land and improvements, if any, including anything permanently affixed to the land, such as buildings, walls, fences and paved areas.

"Residential project" means development projects which result in the subdivision of land and/or the construction or conversion of dwellings, including, but not limited to: Single-family detached homes, apartments, condominiums, live/work studios, manufactured homes, and group housing.

"Very-low income" shall have the meaning set forth in California Health and Safety Code, Section 50105; provided that such income level shall not exceed fifty percent of the median income within the county.

(Ord. 620 § 2 (part), 2005)

17.41.040 - Applicability and exclusions.

This chapter shall apply to development projects consisting of five or more lots or new dwelling units, and to commercial development projects consisting of two thousand five hundred square feet of gross floor or larger.

B.

The following types of development projects are excluded:

1.

Residential developments of four units or less;

2.

New commercial developments of less than two thousand five hundred square feet gross floor area;

3.

Residential and commercial building additions, repairs or remodels, provided that such work does not increase the number of existing dwellings by four or more units; or result in an increase in gross floor area of two thousand five hundred square feet;

4.

The conversion of less than five dwelling units to condominiums within any five-year period;

5.

Commercial condominium conversions which do not result in the creation of new dwellings;

6.

Affordable housing projects;

7.

Emergency projects, or projects which the city council determines are necessary to protect public health and safety;

8.

Development projects which the city council determines are essentially noncommercial or nonresidential in nature, which provide educational, social, or related services to the community and which are proposed by public agencies, nonprofit agencies, foundations and other similar organizations;

9.

Projects which replace or restore a structure damaged or destroyed by fire, flood, earthquake or other disaster within three years prior to the application for the new structure(s);

Projects for which an approved tentative map or vesting tentative map exists, or for which a construction permit was issued prior to the effective date of the ordinance codified in this chapter and which continue to have unexpired permits.

(Ord. 620 § 2 (part), 2005)

17.41.050 - General standards. ¶

A.

Methods of Meeting Requirements. New development projects shall satisfy the inclusionary housing requirements of the city's housing element. To meet the requirements, the developer may suggest one or more of the following methods, subject to approval of the City of Soledad:

1.

Construct the required number of affordable dwelling units;

2.

Dedicate real property for affordable housing;

3.

In-lieu fees;

4.

Use a combination of the above methods, to the approval of the city council;

5.

Inclusionary units should be similar in size and design to market rate units within the development.

B.

Affordable Housing Standards. Affordable dwelling units constructed must meet city affordable housing standards, and must be consistent with affordability policies in the general plan housing element.

C.

Concurrent Development. The required inclusionary shall be constructed concurrently with market rate units. City council may approve alternate timing for a multi-family unit rental housing project when an affordable housing developer is involved through an affordable housing agreement.

(Ord. 620 § 2 (part), 2005)

(Ord. No. 757, § 2, 11-15-2023)

17.41.060 - Procedures. ¶

The size (square footage), number of bedrooms, and design of the affordable units;

3.

Terms of affordability;

4.

Schedule for construction of the affordable units;

5.

Incentives or other assistance to be provided by the city;

6.

Where applicable, the procedures to be used for qualifying tenants or buyers, setting rental/sales costs, renting or selling units filling vacancies, and managing the units; and

7.

Other terms or conditions requested by city.

C.

Agreements for Real Property Dedication. For development projects meeting their inclusionary housing requirement through real property dedication, the agreement shall specify:

1.

The method of conveyance, schedule, and appraised value of the proposed dedication;

2.

Calculation of housing in-lieu fees otherwise applicable to the project at the time of recordation;

3.

Title report and insurance;

4.

Description of location, condition, improvements, and other relevant factors applying to the property; and

5.

Other information required by the city.

D.

Under this program, the qualified buyer of designated affordable dwelling unit shall enter into a shared equity agreement with the city. Such agreement shall be recorded as a second trust deed against the purchase property, at no interest, securing and stating the city's equity share in the property. The city's equity share shall be calculated by the community development director, and shall be the decimal percentage of the property's value resulting from:

A.

The difference between the property's market value and the actual price paid by the homeowner, divided by the market value, and/or when applicable;

B.

The amount of subsidy provided by the city to the homeowner to purchase the property, divided by the property's market value.

Upon sale, the city's equity share shall be repaid to the city from the proceeds of the sale, less the city's percentage share of title insurance, escrow fees and documentary transfer taxes, at the close of escrow.

(Ord. 620 § 2 (part), 2005)

17.41.190 - Early resale of shared equity properties. ¶

In the event of "early resale," owners of properties subject to the shared equity purchase program shall either 1) pay an equity recapture fee to the city as described in the schedule below, in addition to the city's equity share, or 2) sell the property to another eligible household. "Early resale" means the sale, lease or transfer of property within five years of the initial close of escrow. If owner chooses to pay the equity recapture fee, the recapture fee shall be paid to the city upon resale at close of escrow, based on the following schedule:

following schedule:
Year	% of Equity Build-up Recaptured
0—2	100%
3	75%
4	50%
5	25%
6 and after	0%

The recapture amount shall be determined prior to the calculation of escrow closing costs.

(Ord. 620 § 2 (part), 2005)

17.41.200 - Subordination of city financing.

A.

When the city provides low interest financing to assist affordable housing projects and the buyers of individual units, the city's financing is almost always secured by a deed of trust recorded subordinate to financing from other institutions. Often the owners wish to refinance the senior institutional financing to obtain a lower interest rate while keeping the city's loan in place. In such cases, the new lender requires the city to subordinate its deed of trust to the new financing, so the new financing retains priority in the event of default.

B.

Generally the city will approve subordination requests when:

1.

The borrower is refinancing solely for the purpose of obtaining a lower interest rate;

2.

The borrower is taking no cash out of the transaction;

3.

The new institutional loan is fully amortized with no balloon payment; and

4.

The subordination does not place the city loan at greater risk.

C.

Generally the city will not approve subordination requests when:

1.

The senior institutional financing is deferred or only partially amortized, and the borrower proposes to take cash out of the transaction;

2.

The new institutional financing may result in negative amortization (unless the city is satisfied that there is adequate owner equity (at least twenty to twenty-five percent) and excellent credit history);

3.

The subordination places the city loan at significantly greater risk;

4.

The borrower is not in full compliance with the city's affordability requirements; or

5.

The refinancing exceeds the value of affordability as determined by the calculation of value and resale price.

(Ord. 620 § 2 (part), 2005)

17.41.210 - Calculation of value and resale price. ¶

The affordable units must remain affordable to very low, low or moderate income households in the community. Affordability is assured upon the sale of any affordable unit through the covenant, which sets forth the formula for calculating the maximum allowable price at any given time and/or upon resale.

A.

Standard Value/Resale Formula. To set the price of the unit at any given time or upon resale, staff starts with the price paid by the current owner and increases that price by the percentage increase in area median income (AMI) during the period in which the owner owned the property. Below is a formula to calculate the value of the unit:

(FMV of market home - affordable unit value) × (2.222% × (year affordable unit built - year affordable unit sold) = home value/equity)

For purposes of this section, fair market value of market home shall mean the appraised value of a home equivalent in size and number of bedrooms and bathrooms of that of the affordable unit. The value of the affordable unit may be determined for purposes of resale, refinancing, and/or accessing a line of credit on the home. At no time shall refinancing of the unit or access to a line of credit exceed the value of the affordable unit. The owner of the affordable unit is responsible for the full cost of the appraisal. The city must certify the appraisal but reserves the right to challenge the market rate value.

B.

Mid-Year Adjustment. The value of the unit is typically established annually. To allow for some projected increase in valuation/sales price within a calendar year, the following calculation shall be allowed:

Standard allowed percentage × # of months = mid-year percentage rate

If the seller had bought the affordable unit for two hundred fifty thousand dollars, the mid-year adjustment would amount to an increased value of four thousand one hundred sixty-five dollars.

C.

Sale Prior to Expiration of Forty-Five Year. If the owner sells the unit during the term of the covenant, the new owner will be required to sign and record a new covenant which begins a new forty-five-year period of price and occupancy restrictions.

To sales price of the unit cannot exceed either 1) the value of the unit as determined through calculation of value and resale price in subsection A of this section, or 2) a price established by agency which will make such home available for purchase at affordable housing costs to household of very low, low or moderate

income, or 3) HCD's income guidelines for very low, low or moderate, income, whichever is applicable, at the time of sale. The maximum allowable sale price in each category must be affordable to a hypothetical buyer in that income category. The price is set such that the buyers' monthly payments for mortgage, taxes and insurance do not exceed forty-three percent of the buyer's target income.

The formula to calculate the unit value includes assumptions for interest rate, property taxes and insurance, which can be updated annually based on market changes. It also varies with changes in the AMI, which is updated annually.

17.41.240 - Severability. ¶

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons or situations shall not be affected thereby.

(Ord. 620 § 2 (part), 2005)

Chapter 17.42 - ZONING COMPLIANCE CERTIFICATES—CONDITIONAL USE PERMITS—VARIANCES

Sections:

2.

Contractors construction yards located on the site of an approved construction project;

3.

Contractors mobile office, when located on the site of an approved construction project;

4.

City co-sponsored events in combination with non-profit entities requesting in-kind services;

a.

All fee waiver requests shall be reviewed and determined by the city council,

b.

Events requesting the use of city staff or equipment for "in-kind" services shall be reviewed and determined by the city council;

5.

Temporary use activities conducted entirely within a structure or yard area that is legally occupied by an existing business or organization including churches and educational facilities; however, for-profits may be required to obtain a city of Soledad business license prior to the commencement of the event;

Car washes not exceeding two days per month at any location;

7.

Emergency facilities and offices providing for public health needs, disaster coordination for such events as earthquakes, fires, floods, etc.

E.

Permit Applications and Issuance. Applications for temporary use permits initiated by for-profit entities shall be subject to the fee established for a Class I use permit and shall be submitted on forms maintained by the community development department. Information requirements shall be determined on a case-by-case basis at the time of application:

1.

Temporary use permit requests shall include a written statement of operations sufficient for the planning director to fully understand the request including but not limited to the following: A site plan illustrating the location and arrangement of the proposed use, internal and external pedestrian and vehicular access, signage, lighting, the placement of trash receptacles, restroom facilities, proposed security measures, and potentially affected adjacent land uses;

2.

A temporary use permit may be issued for a maximum period of one year upon a written report, accepted by the applicant, containing the findings set forth in Section 17.42.050 and incorporating such conditions as determined by the planning director to be necessary to protect the public health, safety and welfare.

F.

Conditions of Site Following Use. Each site occupied by a temporary use shall be cleaned of debris, litter or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used in compliance with these regulations. The planning director may require a bond or other financial security to ensure compliance with this subsection. Upon determination that the site has been restored to its original condition, the full amount of the security shall be returned to the applicant within thirty days of the termination of the use. If the site has not been restored to the original condition, the city shall have the right to apply up to the full amount of the security to the cost of site cleaning and restoration.

(Ord. 608 § 2, 2004: Ord. 568 § 3, 2000)

17.42.020 - Application for conditional use permit or variance. ¶

Application for a conditional use permit or a variance may be made to the planning commission by the owner of record of property for which the conditional use permit or variance is sought, or by an agent having written authorization from the owner to do so, on a form prescribed by the planning commission and shall be accompanied by maps, drawings and information required to demonstrate that the conditions under which such a permit may be issued pursuant to the provisions of this chapter apply to the subject property. Application for a conditional use permit or variance shall be accompanied by a fee in the amount specified from time to time by resolution of the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.42.030 - Public hearing and notice. ¶

Upon receipt of an application for a conditional use permit or variance, the planning director shall set a date for a public hearing by the planning commission, which shall be held within forty-five days after the date of filing of the application. Notice of hearing shall be mailed at least ten days prior to the date of the hearing to the applicant, to owners of record of real property within three hundred feet of the exterior boundaries of the subject property as shown on the last equalized assessment roll, and to occupants of said real property, if other than the owner. The notice shall contain:

A.

The name and address of the applicant;

B.

The address or location of the subject property;

C.

The time and place of the hearing;

D.

A brief description of the permit or variance being sought;

E.

Reference to the application on file for particulars; and

F.

A statement that any interested person may appear and be heard.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.42.040 - Action by planning commission. ¶

At the time and place set for the hearing the planning commission shall hear evidence for or against the application, and may continue the hearing from time to time. At the conclusion of the hearing the commission shall make findings and render its decision on the application, and notice of the decision shall be mailed to the applicant and to any other person requesting notice. A conditional use permit shall take effect ten days following the mailing of the notice of decision, unless an appeal of the decision is filed as provided in Chapter 17.46.

(Ord. 608 § 3, 2004: Ord. 445 § 2 (Exbt. A) (part), 1986)

17.42.050 - Use permits—Planning commission granting authority—Findings required.

An application for a use permit may be granted by the planning commission if it finds:

A.

That the proposed use will be consistent with the general plan and all applicable specific plans adopted by the city; and

B.

That under the circumstances of the particular case the establishment, maintenance or operation of the use will not be detrimental to the health, safety, comfort, convenience or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.42.060 - Variance—Findings and conditions. ¶

The planning commission may grant a variance from the requirements of this title applicable within any district if, from the application and the evidence presented at the public hearing, it finds:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the subject property that do not apply generally to property in the same district and in the vicinity;

B.

That the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; and

C.

That the granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.42.070 - Duration—Revocation—Transferability.

A.

A conditional use permit or variance becomes null and void if not used within one year following its effective date, or within such shorter time as is specifically prescribed as a condition of the conditional use permit or variance. The planning commission may, without hearing, extend the time for a maximum period of one additional year only, upon application filed with it before the expiration of the one year or shorter period.

B.

In any case where the conditions of a conditional use permit or variance have not been or are not being complied with, the planning commission shall give written notice to the permittee of intention to revoke the

conditional use permit or variance and shall set a date for a public hearing upon such proposed revocation. The notice shall be served on the owner of the subject property by mailing the notice to the owner at the address shown on the last equalized assessment roll at least ten days prior to the date of the hearing, and specify the time and place when and where it will be held. Following the hearing, and if the planning commission finds that there is good cause therefor, the commission may revoke the conditional use permit or variance.

C.

Unless specifically provided otherwise as a condition of a conditional use permit or variance, a valid use permit or variance granted pursuant to this chapter is transferable to the successors in interest of the original grantee.

17.42.080 - Penalty for use permit and variance violations—Continuing violations. ¶

The violation by any person of any provision or condition of a use permit or variance granted under the terms of this title is an infraction, punishable as provided in Section 1.04.030 of this code. Each such person is guilty of a separate offense for each and every day during any portion of which such a violation is committed, continued or permitted, and shall be punished accordingly.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.43 - SIGNS

Sections:

17.43.010 - Purpose and scope. ¶

A.

Purpose. The city finds that control of the size, design, and location of signs is necessary to the protection of the public health, safety, welfare, and aesthetics of the community. The purpose of this chapter is to establish uniform sign regulations in the city to:

1.

Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination, and maintenance of signs;

2.

Eliminate traffic safety hazards to pedestrians and motorists caused by signs that would create distractions or reduce visibility;

3.

Minimize the possible adverse effects of signs on nearby public and private property;

Generally limit commercial signage in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public;

5.

Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages;

6.

Allow the expression of political, religious, and other noncommercial speech at all times and allow for an increase in the quantity of such expression in the period preceding elections;

7.

Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs, generally for the public health, safety, welfare, and, specifically, in promoting traffic and pedestrian safety and community aesthetics; and

8.

Enable the fair, consistent, and efficient enforcement of the sign regulations of the city.

B.

Scope. The provisions of this section apply to all permanent and temporary signs located in the city. Where this section is inconsistent with any other provision contained in this code, the provisions of this section shall control except as otherwise provided by this title. Notwithstanding the aforesaid, in all cases where the inconsistency relates to the structural safety of a sign, the provisions of the California building codes as adopted by the city shall be controlling.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.020 - Sign permits required. ¶

A.

Requirement for Sign Permit. No person shall erect any temporary or permanent sign upon any billboard, fence, post, pole, tree, building or other structure within the city, without first obtaining a sign permit from the community development director issued in conformity with the provisions of this section, except as otherwise provided. For purposes of this section, an existing sign that is moved shall be considered to be a new sign. Every sign permit expires and becomes null and void if installation of the sign is not commenced within six months from the date the permit is issued, unless associated with an active building permit or discretionary approval.

B.

Application for Permit. An application for a permit for each sign or master sign plan shall be made to the community development director in such form and containing such information as the director may

prescribe. The application shall be accompanied by the written consent of the owner, lessee, or person having possession of the property upon which the sign is to be located.

C.

Master Sign Plan Required. Approval of a master sign plan by the architectural review committee is required for a shopping center, business park or buildings with three or more nonresidential tenants on a single site. The master sign plan shall conform to all provisions of this chapter except as may otherwise be provided herein. Once approved, all individual business or tenant signs in that center, complex or building shall conform to the master sign plan.

D.

Permit Fee. Fees for issuance and/or renewal of sign permits shall be paid to the director in accordance with a schedule of fees established from time to time by resolution of the city council.

E.

Waiver of Permit Fees and Bond Requirements. Permit fees and removal bond requirements may be waived by the city council with respect to temporary signs conforming to the provisions of this section when erected or posted by nonprofit civic, religious, educational, charitable, historical or cultural groups or organizations in connection with public events conducted by or participated in by such organizations. Such signs shall remain subject to the permit requirement, but any number of such signs may be covered by a single permit. The permit shall require the permittee to remove all signs posted or erected thereunder within a period of time stated in the permit, or to pay all costs incurred by the city in removing the same. The permit application shall include the agreement of the person signing the application, and of the organization he or she represents, binding them jointly and severally to pay such costs to the city, on demand.

F.

Permit Issuance and Design Approval. It is the duty of the community development director, upon the filing of an application for a sign permit, to examine the plans and specifications and other submitted data, and the premises upon which the sign is proposed to be located. If it appears that the proposed sign is in compliance with the provisions of this section and other laws and ordinances of the city, the community development director shall approve the application, except that the director shall refer to the architectural review committee for approval: (1) signs that are considered to be of such unusual style, composition or configuration as to require design approval by that body; or (2) signs in a H-C highway commercial, C-C community commercial or M-Industrial district or on lots exceeding one acre in area in any district as provided by Section 17.43.080 herein.

G.

Architectural Review Committee Review and Action. The architectural review committee shall review the plans, specifications, and data submitted to it by the community development director and shall recommend, approve, conditionally approve or disapprove the application consistent with the provisions of this chapter and the other laws and ordinances of the city.

Exceptions Allowed. Exceptions to the maximum height and sign area provisions of this chapter may be approved by the community development director or architectural review committee provided that such exception is for a permitted sign and does not exceed the maximum height and/or area limitation by ten percent, except as otherwise provided by this chapter.

I.

Revocation of Permit. Any permit issued under this section may be revoked by the planning commission, or the city council if the city council was the approving body, when it is shown by satisfactory proof that the application for the permit contained any material misrepresentation of fact, or that the sign was erected or used in any manner not in substantial compliance with the plans, specifications or location as shown in the application and accompanying data, or that it was erected or used in a manner not in substantial compliance with any condition, restriction, provision or modification imposed by the architectural review committee in approving the application.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.030 - Sign area measurement. ¶

Sign area shall be determined by measuring the area or square footage within the smallest rectangle or rectilinear perimeter of a sign face, excluding the sign framework, base or supporting structure, unless the base or supporting structure of the sign is part of the message presentation. The area of a pylon sign shall be the sum of the square footage of the individual cabinet signs, excluding air gaps. In computing the area of a double-face sign, only one face shall be included, provided that the two faces are approximately of the same size and approximately parallel to each other and not more than two feet apart at any point.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.040 - Requirements for temporary signs.

A.

Bond Required. Except as otherwise provided, issuance of a temporary sign permit shall require a cash or surety bond in favor of the city to guarantee the removal of each sign within the time limitations specified in the permit, the amount of which shall be established by resolution of the city council.

B.

Bond Forfeiture. Signs that are not removed within seven days of the time specified in the permit may be removed by the community development director, in which case the bond is forfeited.

C.

A temporary sign permit authorizes the erection and maintenance of the sign or signs for a period not to exceed thirty days. Within five days of expiring, a temporary sign permit, other than for special events and grand openings, may be renewed for one additional maximum period of thirty days. Shorter limitations on length of display may be enacted by other provisions of this section. No more than one temporary sign permit with extension may be issued to a business during a six-month period for banners advertising special promotions or sales.

D.

Temporary signs shall be affixed to the principal building and shall not project above the roofline. Temporary signs on windows shall not occupy more than twenty-five percent of the total window area.

E.

Temporary signs not relating to a business conducted on the premises shall not exceed four square feet in area per sign, or five in number.

F.

The city shall not grant additional sign permits for election signs nor allow additional election signs under the provisions of this section.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.050 - Exempted signs. ¶

A.

No permit or removal bond is required for any of the following types of signs, but such signs shall be erected and maintained in accordance with the provisions of this section:

1.

Public signs and notices required or specifically authorized by law, statute or ordinance, which may be of any type, number, size or location as required or authorized by such law, statute or ordinance;

2.

Government signs for control of traffic or other regulatory purpose, street signs, danger signs, railroad crossing signs, city entrance identification signs, signs for designation or direction to any school, hospital, historical site, or to a public service, property or facility, and signs of public service companies;

3.

Decorations commonly associated with any national, state, or local holidays or city-sponsored events; provided, that such decorations shall be displayed for a period not exceeding forty-five consecutive days, and no more than sixty days in any one calendar year;

4.

Address numbers and nameplates with letters not exceeding six inches high in residential districts and two feet high in other districts;

5.

One sign not to exceed two square feet in area for any main building;

A sign posted or erected on private property on behalf of candidates for public office or measures on election ballots as permitted by Section 17.43.160;

7.

Signs four square feet or less in area which provide direction or instruction, which are located entirely on the property to which they pertain, and which do not in any way advertise a business; also signs four square feet or less in area identifying restrooms, public telephones, walkways, parking lot entrance and exit signs, and those of a similar nature.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.060 - Prohibited signs.

A.

Except as otherwise expressly provided in this section, the following signs are prohibited:

1.

Moving signs or structures having a visible moving part or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsation, or by action of normal wind currents. However, an exception is allowed for any such sign not exceeding twenty-five square feet in area, and, consistent with any applicable state standards. The planning commission or city council may approve other exceptions to this prohibition if all of the following findings can be made:

a.

The sign will be consistent with the character of the neighborhood;

b.

The sign will not result in a distraction to drivers;

c.

The sign will not cause reflection or glare onto any residential property;

2.

Banners, pennants, searchlights, twirling signs, sandwich boards, balloons or other gas-filled figures, except those which are temporary and for which a permit has been issued pursuant to this section; provided, that no such permit shall be issued for a period longer than thirty days;

3.

Roof signs, including any temporary sign located on or extending above the roof of a building, except that an exception to this prohibition may be approved by the planning commission or city council through approval of a conditional use permit pursuant to Chapter 17.42 of this title;

4.

Any sign affixed to a vehicle and protruding more than one foot from the surface of the vehicle, or affixed in such a position or manner that the vehicle is rendered inoperable;

5.

Any sign which does not identify or relate to any business or other activity being conducted on the premises;

6.

Signs constructed in such a way that any light bulb or filament, other than neon tubing or other selfilluminating material of equivalent or less intensity, is visible from the front of the sign or from beyond the property line;

7.

Signs displaying obscene, indecent, or immoral matter or untruthful advertising matter;

8.

Signs which purport to be, or are, an imitation of, or resemble, official traffic signs or other safety signs and attempt to govern traffic or other public activity in public streets, rights-of-way, or other public places. This does not include traffic or directional signs installed on the premises to control traffic within the premises.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.070 - Restrictions on location. ¶

All signs shall comply with the following location requirements:

A.

Public Property.

1.

Except as otherwise noted herein, no person shall paint, mark, attach, post, or otherwise affix any sign to or upon any public property within the city, and any person responsible for doing so is liable for all costs incurred by the city for the removal thereof, which are a debt to the city. "Public property," as used in this section, includes public rights-of-way, including streets, sidewalks, planter strips, curbs, bridges, overpasses, underpasses, street lamp poles, electric light or telephone or telegraph poles and wires appurtenant thereto, street signs, traffic signs, public informational or directional signs and fire hydrants; publicly owned parking lots; publicly owned landscaped areas; public parks and playgrounds and all buildings and facilities appurtenant thereto; and all other public places and property of a similar nature.

2.

Notwithstanding the above, the provisions of this section shall not apply to:

i.

The painting of house numbers on street curbs, to the installation of a metal plaque or similar device in a sidewalk or wall to commemorate an event of historical or local importance.

ii.

The installation of sidewalks of terrazzo or similar construction containing a design or mixture of colors, or both, provided that in each case all permits required by this chapter are first obtained.

iii.

Marquee or projection signs which comply with all the provisions of this chapter.

iv.

Signs erected by a governmental agency on property owned by that agency.

v.

Up to one freestanding sign on city-owned property located adjacent to Highway 101 within the Highway Commercial (H-C) district, provided that: the sign applicant owns or has a legal interest in property located within the Highway Commercial (H-C) district, the sign is less than eighty-five feet tall, and the sign is placed outside of any Caltrans right-of-way. Prior to placement of any sign on city-owned property in conformance with this subsection, an applicant must receive an encroachment permit from the city's public works department.

B.

Fire Escapes, Etc. No sign shall be erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.

C.

Marquees, Etc. No sign shall be placed on the top or on any nonvertical surface of any marquee, porch, walkway covering, or similar covering structure adjacent to a building.

D.

Traffic Interference. No sign shall be erected in such a manner that it will or reasonably may be expected to interfere with, obstruct, confuse or mislead vehicular traffic, within a triangular area formed by the curb lines and a line connecting them at points thirty-five feet from the intersection of the curb lines, unless the sign is in compliance with the provisions of this section and has a clearance of at least ten feet above curb grade and no part of its means of support has a single or combined horizontal cross-section exceeding eight inches.

E.

Vehicle Signs. If a sign exceeding eight square feet is posted or otherwise displayed on a vehicle and is left on either private or public property for longer than seventy-two hours, the sign shall be tantamount to a sign affixed to real property and the provisions of this section shall apply.

(Ord. 660 § 3 (Exbt. B) (part), 2008; Ord. No. 742, § 3, 7-20-2022)

17.43.080 - Regulations by district. ¶

Excluding temporary signs and exempt signs, no permit shall be issued for, and it shall be unlawful for any person to erect, construct or maintain any sign of a type not authorized for the district in which it is located, or in number greater than authorized for the district in which it is located, or containing an area greater than authorized for the district in which it is located, according to the following provisions:

A.

Residential Districts.

1.

For all residences, permissible signs include an address sign, and one wall sign not to exceed two square feet per main building.

2.

Apartments, PUD residential developments, planned mobile home parks, and condominium townhouse developments, permissible signs are those permitted in the site plan or development plan approved pursuant to the provisions of the subdivision ordinance, or as part of a discretionary or other permit approval. In all other cases, one wall sign or one freestanding sign, as permitted by this section, not to exceed fifteen square feet in area, for identification of the premises; and freestanding signs not exceeding five feet in height nor four square feet in area, as required for directing traffic on the property.

B.

Nonresidential districts, except as noted, permissible signs include:

1.

One projecting sign as permitted by subsection (A)(3) of Section 17.43.110;

2.

In addition, wall or marquee signs, as permitted by Section 17.43.090, or freestanding signs as permitted by Section 17.43.120, having a combined total area of not more than one square foot for each lineal foot of building frontage on a public street;

3.

Shopping centers, office and other multi-tenant buildings outside of the downtown specific plan area. Shopping centers and office buildings and complexes, shall be considered as one entity, except that each separate business therein having its own entrance may be considered as a separate entity and shall be

allowed one wall or marquee sign at the front of the business premises, and, if there is a second entrance to the premises from a public road, walkway, or parking area, one additional sign on the wall having the second entrance. The total area of a front sign shall not exceed 1.25 square foot for each lineal foot of frontage, up to a maximum of two hundred fifty square feet, and shall not occupy more than seventy-five percent of the height or length of a building fascia. The area of any additional sign for premises having a second entrance shall not exceed one-half of the area of the front sign placed on the same premises;

4.

Multi-tenant buildings or centers located in commercial districts outside of the boundaries of the downtown specific plan area, or in industrial districts, or on lots which exceed one acre in size in any district outside the downtown area. Permit applications shall be reviewed and, decided on a case-by-case basis by the architectural review committee, which shall be guided by the general requirements set forth in this section;

5.

Within the downtown specific plan area:

a.

Tenant spaces of less than six thousand square feet: Maximum wall sign area twenty-five square feet for single-occupant buildings, and fifteen square feet per business occupant for multiple-occupant buildings,

b.

Tenant spaces of six thousand square feet or greater: Maximum wall sign area is one square foot of sign per lineal foot of longest property frontage, and one-half square foot of sign area per lineal foot of side street frontage;

6.

Open Space Districts. Permitted signs include one wall or freestanding sign, not exceeding eight square feet in area, to designate the name of the owner or occupant of the premises upon which the sign is situated, or to identify such premises.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.090 - General requirements for wall signs.

A.

Except as otherwise provided in this section, every wall sign shall meet the following requirements:

1.

Maximum Area. Except as otherwise provided by Section 17.430.080, the maximum wall sign area for each building face is one square foot for each lineal foot of building frontage, up to but not exceeding two hundred fifty square feet.

Thickness or Projection. No part of such sign, including light box or other structural or operating part, shall project more than one foot from the face of the wall on which it is mounted.

3.

Height. No structural or operating part of the sign shall extend beyond the top level of the wall upon which it is mounted. Any wall sign which projects over any public or private walkway shall have an overhead clearance of at least ten feet.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.100 - Window signs. ¶

A.

Window signs appurtenant to the business or activity being conducted on the premises are permitted, subject to approval by the architectural review committee and the following regulations and limitations:

1.

Window signs will be considered as wall signs for the purpose of computing the total area of wall signs on a building.

2.

Where individual letter, neon tube, or other borderless copy is mounted so that the window frame is visually the frame of the sign, the area of the sign will be considered the area of the window within which the copy is mounted.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.110 - Requirements for projecting signs.

A.

Projecting signs shall be permitted only in commercial and industrial districts, and then only when approved by the architectural review committee. Except as otherwise provided in this section, every projecting sign shall meet the following requirements:

1.

Maximum Area. The maximum projecting sign area for each building face is twenty-five square feet.

2.

Maximum Height. No part of any projecting sign shall have a vertical dimension exceeding twelve feet, nor shall it extend above the top level of the parapet wall upon or in front of which it is situated. Any projecting sign which projects over any public or private walkway shall have an overhead clearance of at least ten feet.

Number. There shall be no more than one projecting sign for each place of business or each building face fronting on a public street.

B.

Multisided projecting signs constructed back-to-back, with faces on both sides of a single panel, shall count as only one sign, both as to number and area, i.e., only one side need be counted. Every other projecting sign having multiple sides or faces, including a sign constructed in the form of a cylinder or sphere or similar figure, shall be limited in total area to that set forth in this subsection.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.120 - Requirements for freestanding signs.

A.

Freestanding signs over five feet in height shall be permitted only in commercial and industrial districts and then only when approved by the architectural review committee.

1.

Maximum Area. The maximum area of all such signs shall be twenty-five square feet for frontage of up to one hundred lineal feet, plus one square foot for each additional lineal foot of building frontage, up to a maximum of two hundred square feet.

2.

Maximum Height. No such sign shall exceed thirty feet in height in the C-1 district, or sixty feet in height in the CC, HC, C-2, and M, districts, measured from ground level.

3.

Location. No such sign shall be located closer than five feet to a front, side or rear property line.

4.

Number. Other than permitted monument signs, only one freestanding sign shall be allowed for each place of business or occupancy. In the case of a shopping center, industrial park, or similar development, the entire development shall for this purpose be considered a single place of business.

5.

Multisided Signs. Freestanding signs constructed back-to-back, with faces on both sides of a single panel, shall count as only one sign, both as to number and area, i.e., only one side need be counted. Every other freestanding sign having multiple sides of faces, including a sign constructed in the form of a cylinder or sphere or similar figure, shall be limited in total area to that set forth in this subsection.

B.

Monument signs shall be permitted in accordance with the following provisions:

1.

In commercial districts within the downtown specific plan area: Maximum area for monument signs is twelve square feet; maximum height is six feet.

2.

In industrial districts and commercial outside the downtown specific plan area: Maximum area is thirty-two square feet; maximum height is eight feet.

3.

Maximum number of signs allowed per business or multi-tenant center: One sign per each street frontage with one additional sign for every additional two hundred fifty feet of street frontage.

4.

For shopping centers and other multi-tenant centers or buildings, the total area of monuments signs is in addition to the maximum allowable sign area.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.130 - Signs on awnings. ¶

Where appurtenant to a permitted use, and in circumstances where a retractable or fixed awning has been permitted, signs may be placed on the awning subject to approval by the architectural review committee and to the following regulations and limitations:

A.

Signs consisting of one line of letters not exceeding twelve inches in height may be placed on the hanging border of an awning. The area of an awning sign shall be included in the computation of the total area of wall signs on the building to which the awning is attached. Signs placed elsewhere on the awning are not permitted.

B.

Signs on awnings shall be painted on or placed flat against the awning material and shall not project more than two inches from the awning surface. Such signs shall not be illuminated.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.140 - Wall graphics. ¶

Special Permit Required. Notwithstanding any other provision of this section, wall graphics and graphic decorative displays which occupy a major part or all of a building wall or facade and comprise an integral part of the building color scheme or design, including those incorporating signage advertising a business being conducted on the premises, may be allowed by special permit issued by the architectural review committee, as follows:

A.

Application for such permit shall contain such information as the architectural review committee requires and shall be accompanied by:

1.

A detailed sketch, drawn to scale, showing the colors to be used and showing the facades of other buildings within a lateral distance of one hundred fifty feet of the site or to the nearest corner, if such corner is less than one hundred fifty feet distant;

2.

The written consent of the owners and occupants, or their authorized representatives, of not less than fifty percent of the property situated on the same street and within three hundred feet of the sign, the percentage to be computed on the basis of frontage footage rather than area; and

3.

The prescribed permit fee.

B.

Upon receipt of such application the architectural review committee shall hold at least one public hearing upon the same and shall give at least ten working days' prior written notice thereof by mail to each owner and to each occupant of real property situated within three hundred feet of the site.

C.

If at the conclusion of the public hearing the architectural review committee finds the proposed graphic display to be consistent with the general and specific plans adopted for the district in which the site is located, and consistent with the purposes and objectives of this title, it may issue a permit upon such conditions as it may deem proper, including conditions requiring periodic renewal.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.150 - Special purpose signs. ¶

Signs for the special purposes set forth in this subsection are permitted, subject to permit requirements and the following specific requirements:

A.

For-Sale or For-Lease Signs. In all districts, signs may be erected on real estate advertising such real estate for sale or lease, provided they are in compliance with the provisions of this section. In residential districts such signs shall not exceed six square feet in area. In all other districts, the area of such signs shall not exceed seventy-five square feet. In lieu of a temporary sign permit for each sign, an annual permit for such signs may be issued to any person; such signs shall not be limited in number, but the fee charged for the permit shall be based on the maximum number of signs specified in the permit. Notwithstanding the provisions of this subsection, on any residential property, one "for sale by property owner sign" not

exceeding two square feet in area is exempt from the permit requirements of this subsection. A temporary sign permit is required for any "for sale by property owner" sign between two and six square feet in area.

B.

Directory Signs. In all districts where group occupancies in office or commercial buildings are permitted, directory signs may be erected displaying the names of the occupants of a building. Such signs shall be situated at least two feet inside the front property line, shall not exceed eight feet in height, and shall have a total area not exceeding seventy-five square feet.

C.

Construction Project Signs. Signs may be erected in conjunction with construction projects for the purpose of publicizing the future occupants of the building or the architects, engineers, contractors and lenders participating in the project. In residential districts no such sign shall exceed twelve square feet in area, nor shall any such freestanding sign exceed five feet in height. In other districts the maximum sign area shall not exceed seventy-five square feet. All such signs shall be removed before a final release and certificate of occupancy is issued by the building official.

D.

Directional Signs Greater Than Four Square Feet. Directional signs may be erected to facilitate or control the efficient and safe movement of pedestrians or vehicles on private property. Such signs shall not be used for advertising purposes and shall not display the name or insignia of any person, firm, product or service. Each such sign shall be located on the property to which it pertains, shall have an area of not more than eight square feet, shall not exceed four feet in height, and shall be located at least five feet from the nearest property line.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.160 - Requirements for election signs. ¶

The purpose of this section is to achieve a fair and reasonable accommodation between the public's interest in full and vigorous debate of election issues and candidates, and the community's interest in public order, cleanliness and community aesthetics.

A.

Size. Election signs shall be eight square feet or less. No more than one election sign shall be attached per sign post or stake in order to avoid circumstances in which multiple signs are affixed to a single sign or post creating an overall display in excess of eight square feet for any single candidate or combination of candidates. Similarly, it shall be prohibited to assemble several eight square foot or less signs, either edgeto-edge or where separated by minimal space, to create a display for a single candidate or combination of candidates in excess of eight square feet.

B.

Time Limit. Election signs may be displayed in connection with an election for up to seven days following the election to which they relate. After said election, signs shall be removed except that, if an election sign

pertains not only to a primary election but also to a succeeding general election, it may be displayed until seven days after the date of the general election.

C. Location.

1.

No person shall erect or display or cause or authorize any person to erect or display any election sign on public property. Public property shall include but not be limited to: Public rights-of-way, public buildings, easements, public telephones, and walkways. Election signs on public property will be removed without notice.

2.

No person shall erect or display, or cause or authorize any person to erect or display, any election sign on any property not owned or controlled by such person, unless authorized to do so by the owner or other person in control of such property.

D.

Election signs shall not be regulated by Section 17.43.040 (Temporary Signs) of this code, and the city shall not grant additional sign permits or allow additional election signs under the provisions of Section 17.43.040 (Temporary Signs) of this code.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.170 - Classification of signs. ¶

Every sign erected or proposed to be erected shall be classified by the community development director in accordance with the provisions of this section. Any sign which does not clearly fall within one of the classifications provided in this section shall be placed in the classification which the sign, in view of its design, location and purpose, most nearly approximates, and the decision of the community development director in this regard is conclusive.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.180 - Construction and maintenance. ¶

All signs are subject to the following construction and maintenance requirements:

A.

Safety Requirements. All signs shall be constructed, erected and maintained in compliance with the appropriate detailed provisions relative to construction, structural integrity and safety contained in the Uniform Building Code, the Uniform Electrical Code, the Uniform Sign Code, and other applicable codes adopted by reference in Chapter 15.08 of this code, as well as in compliance with construction standards set forth in this chapter.

B.

Maintenance Requirements. Every sign shall be kept in good and presentable condition at all times. Defective or deteriorated parts shall be replaced and painting, repainting, cleaning and other work of maintenance and repair shall be performed as needed to preserve the appearance and material condition of the sign.

C.

Unsafe Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a sagging, leaning, fallen, decayed, deteriorated, dilapidated or otherwise unsafe condition. The community development director may revoke the permit for any sign which is in violation of any of the requirements of this section and may proceed to abate the same if the owner or other person in control of the premises fails to correct the violation after being given notice to do so.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.190 - Abandoned signs. ¶

No person shall maintain, or permit to be maintained, on any premises owned or controlled by him or her any sign which has been abandoned. Any sign which is located on property which becomes vacant and remains unoccupied for a period of three months or more, and any sign which was erected for an occupant or business unrelated to the present use of the premises, and any sign which pertains to a time, event or purpose which no longer obtains, shall be presumed abandoned; provided, that such presumption shall not apply to premises in regular use on a seasonal basis. The community development director may revoke the permit for any abandoned sign and may abate the same if the owner or other person in control of the premises fails to do so after being given notice to abate.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.200 - Nonconforming signs. ¶

This section applies to every sign in existence on the effective date of the ordinance codified in this chapter which violates or does not conform to the provisions of this section.

A.

Amortization. Within the following time periods, all nonconforming signs within the city shall be altered, removed, or otherwise made to comply with the provisions of this section:

1.

Signs painted on buildings, walls or fences, two years;

2.

All other signs, five years; provided, that the following time periods apply to signs legally erected pursuant to a valid sign permit issued within two years immediately preceding the effective date of the ordinance codified in this title:

a.

Signs painted on buildings, walls or fences, three years from permit date;

b.

All other signs, seven years from permit date.

3.

If a sign becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of the annexation to the city of the territory within which the sign is located or by the amendment of this section to render such sign nonconforming, the period within which such sign must be altered, removed, or otherwise made to comply with the provisions of this section shall commence to run upon the effective date of such annexation, or of such amendment, or the date upon which the sign otherwise becomes nonconforming.

B.

Alteration or Removal. Nonconforming signs shall either be made to conform with the provisions of this section or abated within the applicable period of time hereinabove in this section set forth. It shall thereafter be unlawful for the owner or person having control of the property upon which a nonconforming sign is located to maintain the same, or to allow the same to be maintained, on the property. The Community Development Director may revoke the permit for any such sign and may abate the same if the owner or other person in control of the premises, after being given notice to bring the sign into conformity or to abate the sign, does not do so.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.210 - Abatement procedures. ¶

When under any provision of this section a sign is required to be abated, the following procedures shall be followed:

A.

Manner of Abatement. Signs painted on buildings, walls or fences shall be abated by removal of the paint constituting the sign or by permanently painting over it in such a way that the sign thereafter is or becomes invisible. Other signs shall be abated by removal of the sign, including the dependent structures and supports; or, pursuant to a sign permit duly issued, by modification, alteration or replacement thereof in conformity with the provisions of this section.

B.

Notice to Owner. Except in cases of emergency, as provided in this subsection, before taking any abatement action, the community development director shall cause to be mailed to the owner of the property upon which the sign is located a notice informing the owner of the nature of the violation and ordering that the sign be abated within ten days after the date of mailing of the notice. The notice shall be addressed to the owner at his or her last-known address or at the owner's address as shown upon the last

equalized assessment roll for the city. Such notification to the owner shall be deemed to be notification to the owner of the sign. The mailing of the notice shall be done primarily as a convenience to the owner, and the failure of the owner to receive the notice in no way impairs the effectiveness of the provisions of this section or the validity of any proceedings taken for the abatement of the sign. In case of emergency, when it is determined by the community development director that a sign is unsafe and an imminent danger to the public safety, and contact cannot be made with the property owner or the owner of the sign, the foregoing notice requirement does not apply and the community development director may proceed immediately with the abatement of the sign.

C.

Abatement by City. If the owner or other person having control of the property upon which a sign subject to abatement is located fails to abate the same within the period of time specified in the notice to the owner, the director may cause the sign to be abated as provided in this subsection, at the owner's expense. Any sign removed pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal, and all incidental expenses incurred by the city in connection with such removal, constitute a debt owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the city, together with its costs of suit and attorneys' fees in the action.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

17.43.220 - Appeals. ¶

Appeals from decisions made or actions taken under the provisions of this section shall be made as follows:

A.

Appeals to the Architectural Review Committee. Any affected person may appeal the action or decision of the community development director pursuant to the provisions of this section, to the architectural review committee by filing written notice of appeal with the secretary of the planning commission within fourteen days of the date of such action or decision. The secretary thereupon shall set the matter for hearing by the architectural review committee at the next available meeting, and shall cause written notice of hearing to be mailed to the appellant at the address stated in the notice of appeal no less than five days prior to the date of hearing.

B.

Appeals to City Council. Any affected person may appeal the action or decision of the architectural review committee or the planning commission pursuant to the provisions of this section, may appeal to the city council by filing written notice of appeal with the city clerk within fourteen days of the date of such action or decision. The city clerk thereupon shall set the matter for hearing by the city council at the next available meeting, and shall cause written notice of hearing to be mailed to the appellant at the address stated in the notice of appeal, and to the applicant (if the applicant is not the appellant) at the address stated in the application, not less than five days prior to the date of hearing. The decision of the city council on such appeal shall be final and conclusive.

(Ord. 660 § 3 (Exbt. B) (part), 2008)

Chapter 17.44 - SITE PLAN REVIEW

Sections:

17.44.005 - Applicability. ¶

When a site plan review is required by this title, the procedures set out in this chapter apply.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.44.010 - Site plan. ¶

The purpose of the site plan is to enable the director to make a finding that the proposed development is in conformity with the intent and provisions of this division and to guide the building official in the issuance of permits.

A.

Contents. The applicant shall submit twelve prints of the site plan to the director. The site plan shall be drawn to scale and shall indicate clearly and with full dimensions the following information:

1.

Lot dimensions;

2.

All existing and proposed buildings and structures: Location, elevations, color scheme, size, height, and proposed use;

3.

Yards and space between buildings;

4.

Walls and fences: Location, height and materials;

5.

Off-street parking: Location, number of spaces and dimensions of parking area, and internal circulation patterns;

6.

Access: Pedestrian and vehicular service, points of ingress and egress and internal circulation;

Signs: Location, size and height;

8.

Loading: Location, dimensions, number of spaces and internal circulation;

9.

Lighting: Location, general nature and holding devices;

10.

Street dedications and improvements, as provided in Section 17.44.020;

11.

The location and type of landscaping; and

12.

Such other data as may be required to permit the director to make the required findings.

B.

Approval or Disapproval. Within twenty days after the director determines that the application is completed the director shall approve, with conditions deemed necessary to protect the public health, safety and welfare, or disapprove the site plan. In approving the plan, the director shall find that:

1.

All provisions of this title are complied with;

2.

The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property:

a.

Facilities and improvements,

b.

Vehicular ingress, egress and internal circulation,

c.

Setbacks,

d.

Height of buildings,

e.

Location of services,

f.

Fences/walls,

g.

Landscaping;

3.

Proposed lighting is so arranged as to reflect the light away from adjoining properties;

4.

Proposed signs will not by size, location, color or lighting interfere with traffic or limit visibility;

5.

Proposed development has adequate fire and police protection;

6.

Proposed development can be adequately served by city sewer and water;

7.

Drainage from the property can be properly handled;

8.

Proposed development is consistent with general and specific plans and the redevelopment plan. The director's decision shall be final unless appealed to the planning commission.

D.

Appeal to the City Council. The applicant or any aggrieved person may appeal in writing, setting forth his reason for the appeal to the city council. The appeal shall be filed with the city clerk within five days after the planning commission's decision. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed. The council shall review the site plan and shall approve, approve with conditions, or disapprove based on the findings listed in subsection B of this section. The decision of the council is final.

E.

Distribution. The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the director. One copy of the site plan and conditions shall be mailed to the applicant.

F.

Revisions. Revisions by the applicant to an approved site plan shall be made pursuant to the procedure set forth in this section.

G.

Expiration of Site Plan Approval.

1.

An approved site plan becomes void in the event there has not been substantial development of the site, or a portion of the site for an approved phased development, within twelve months after the approval of the site plan. Substantial development of one or more increments of a phased development shall extend the expiration date of the site plan for the remaining phases, except that the final phase shall be substantially developed within five years.

2.

A project shall be considered indivisible unless the director approves a request by the applicant that the project be developed in phases or the director requires phased development. Such determination shall be based on the finding that upon construction of the required on-site and off-site improvements serving each phase, it can function independently of later phases.

3.

An occupancy permit for a building, structure or use as shown upon an approved site plan shall not be issued until all proposed buildings, structures and other stated improvements in an indivisible project or phase of a divisible project are completed, or the director authorizes its issuance upon making a finding that all on-site and off-site conditions relating to the building, structure or use have been or will be met.

(Ord. 524 § 2 (part), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

17.44.020 - Street dedications and improvements required. ¶

Because of changes that may occur in the local neighborhood due to increases in vehicular traffic generated by facilities requiring a site plan review, and upon the principle that such development should be required to provide street dedications and improvements as near as practicable in proportion to the increased vehicular traffic, but should not be required to provide such street facilities for nonrelated traffic, the following dedications and improvements may be deemed necessary by the director and may be required by him as a condition to the approval of any site plan:

A.

When the Development Borders or is Traversed by an Existing Street.

1.

Minor streets, local streets and culs-de-sac: Dedicate all necessary right-of-way to widen street to its ultimate width as shown on any master or precise plan of streets and highway; install curbs, gutters,

drainage, sidewalks, street trees, street signs, street lights and required utilities; and grade and improve from curb to existing pavement.

2.

Major and collector streets: Dedicate all necessary rights-of-way to widen the street to its ultimate width as established to any precise plan, precise plan of streets and highways, or where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined; install curbs, gutters, drainage facilities, sidewalks, street trees, street signs, required utilities; and grade and improve the shoulder and on traffic lane abutting the development. In no case shall a person be required to dedicate or improve the right-of-way for a distance in excess of thirty feet as measured from the ultimate right-of-way line.

3.

Major thoroughfares (expressways, freeways, the state highways): Dedicate all necessary rights-of-way to widen the thoroughfare to its ultimate width as established by any precise plan, specific plan of streets and highways, or where the ultimate rights-of-way lines are otherwise determinable and the grades have been established or can be determined, except in cases where access does not exist. Setback all facilities the required distance from the ultimate property line as shown on any master or specific plan; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, and required utilities. In no case shall the required improvements or right-of-way dedication apply for distances in excess of thirty feet as measured from the ultimate right-of-way line.

B.

Frontage and Other New Roads. All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving: Provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon any master or precise plan of streets and highways, the amounts of grading and paving shall not exceed required for such existing streets under subdivision 1 of subsection A of this section. Where a frontage road is provided and improved, the improvements in subdivisions 2 and 3 of subsection A of this section will not be required.

C.

Standards. All improvements shall be to city standards.

D.

Building Permit. Before a building permit shall be issued for any such building or structure, the director shall determine that:

1.

The proposed building is in conformity with the site plan and approved conditions;

All required on-site (outside the city right-of-way) and off-site (within the city right-of-way) improvements shall have either been completed, or if not completed, the permittee has entered into an agreement with the city to complete the work within six months from the date of the issuance of the permit. The director may extend the completion date for one additional six-month period upon written request of the permittee upon a showing of good cause therefor. Such an agreement shall be secured either by cash deposited with the city, a cash deposit in an irrevocable escrow approved by the director, or other financial security approved by the director as the equivalent thereof. Such security shall be in the amount of one hundred percent of the estimated cost of completion to be determined by the director. In the event such work is not complete within the period provided or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement including the use of the security to cause the completion of all required

improvements. Moneys deposited with the city or an escrow may be partially released to the depositor by the director during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work; and

3.

All of the required dedications have been given.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.45 - HISTORIC RESOURCES

Sections:

17.45.010 - Purpose. ¶

The city finds that it is of value and importance to the general welfare of the community to recognize and protect the historic and cultural resources of the city in order to safeguard the heritage of the city. It is the purpose of this chapter to:

A.

Identify, protect, enhance and perpetuate structures, buildings, landmarks, sites, places and objects within the city, which are of historic, archaeological, architectural and/or engineering significance to the community;

B.

Enhance the city's cultural and historical heritage and aesthetic character, thereby making the city a more attractive and desirable place in which to live and work;

C.

Foster civic and neighborhood pride in the city's historical accomplishments;

D.

Protect and enhance the city's attraction to visitors and tourists as well as to residents; and

E.

Establish special standards in order to help ensure the preservation, maintenance or rehabilitation of significant historic structures.

(Ord. 662, § 2, 2009)

17.45.020 - Terms and definitions.

As used in this chapter, the following definitions shall apply:

"Adobe" shall mean an unburnt, sun-dried, clay brick; or a building made of adobe bricks.

"Alteration" shall mean any exterior change or modification, through public or private action, of any designated historic resource which involves exterior changes to or modification of a structure, its surface texture, or its architectural details; relocation of structures onto, from or within a designated property or site; or other changes to the property or site affecting the significant historical or architectural features of a designated historic resource. For purposes of this chapter, "alteration" includes, but is not limited to, the kind, color and texture of building materials, architectural details, and the style and type of all windows, doors, lights, signs and other affixed fixtures.

"California Environmental Quality Act (CEQA)" shall mean the California Public Resources Code Section 21000 et seq. and its related guidelines as it may be amended from time to time.

"Demolition" means any act(s) that destroy in whole or in part, a building, structure or improvement.

"Good repair" shall mean to preserve against decay and deterioration to reduce the incidence of demolition by neglect.

"Historic district" shall mean any geographically-defined area or neighborhood which has a special character, historical interest, aesthetic value, or archaeological significance or which, collectively, represents one or more architectural periods or styles typical of the history of the city, and which constitutes a distinct section of the city that has been designated a historic district pursuant to this chapter.

"Historic resource" shall mean a building, structure, object, historic district (as defined herein), site, place, or cultural feature or other improvement designated as historically significant pursuant to the provisions of this chapter.

"Historic resource officer" shall mean an employee of the city responsible for promoting the preservation of historic resources and historic resource objectives of this chapter and serving as the liaison between the historic resources commission and public, city staff, and other historic preservation agencies. The community development director, or his or her designee, shall serve as the historic resource officer.

"Historic resource professional" shall mean any individual meeting the secretary of the interior's professional qualification standards, 36 CFR 61.4. For the purposes of this chapter, a historic preservation professional may include licensed architects, architectural historians, historians, archaeologists or historical engineers that have experience in working with history and cultural resources.

"Historical resource assessment report" shall mean a report prepared by a historic resource professional. The report shall include, but not be limited to, background information establishing the historic significance and value of a potential historic or cultural resource.

"Improvement" shall mean any building, structure, place, fence, gate, landscaping including trees, wall, work of art or other object constituting a physical feature of real property.

"Property owner" shall mean the person appearing as the owner of such improvement, natural feature, or site on the latest equalized assessment roll of the county of Monterey.

"Relocation" shall mean the removal of a historic resource from its original site to a new site.

"Soledad historic resources registry" shall mean the city-maintained official list of historic resources designated by the city for public recognition and benefits.

"Structure" as used in this chapter shall mean a building or any other man-made object affixed on or in the ground, or attached to something having location on the ground.

"Substantial deterioration" shall mean the physical conditions of a structure or improvement which threaten the structural or historical integrity of the resource.

(Ord. 662, § 2, 2009)

17.45.030 - Historic resources commission.

The city planning commission shall serve as the historic resources commission for the purpose of implementing the provisions of this chapter.

B.

Meetings of the historic resources commission shall convene as needed on the same date of any regularly scheduled planning commission meeting.

(Ord. 662, § 2, 2009)

17.45.040 - Duties of historic resources commission.

The historic resources commission shall have the following powers and duties under this chapter:

A.

Hear and render decisions on applications to designate historic resources within the city;

B.

Hear and render decisions on applications to alter historic resources;

C.

Hear and render decisions on applications to demolish potentially significant historic structures or buildings pursuant to Section 17.45.150 of this chapter;

D.

Hear and render recommendations to the city council on applications to demolish a historic resource;

E.

Serve as an advisory body to the city council on methods and incentives to preserve Historic Resources within the city;

F.

Maintain a local register of historic resources within the city;

G.

Recommend architectural design guidelines to the city council for the preservation of historic character, to be used in the review of applications for alteration of a designated historic resource;

H.

Investigate and report to the city council on the use of various federal, state, local, or private funding sources, incentives and other mechanisms available to promote historic preservation in the city;

I.

Review and comment on the decisions and documents prepared under the California Environmental Quality Act (CEQA) and other public agencies when such decisions or documents may affect any type of designated historical resource or potentially significant historical resource in the city; and

J.

Perform any other historic-related functions that may be designated by resolution or minute motion of the city council.

(Ord. 662, § 2, 2009)

17.45.050 - Designation request. ¶

Historic resources shall be designated and approved by the historic resources commission in the following manner:

A.

Request to Designate Historic Resource. The historic resources commission, on its own initiative, or by the directive of the city council, or by written request by the owner of the structure or improvement, or by any resident of the city, or by any person that owns property in the city, may initiate a request for a historic resource designation. An application for a proposed historic designation shall be filed with the community development department.

B.

Application and Supporting Material Required. The proposed designation shall be submitted on an application as prescribed by the community development director and shall be accompanied by adequate supporting historical and architectural information in order that the historic resources commission can render an informed determination concerning designation of a structure, improvement, district, site or place as a historic resource.

C.

Majority Consensus of Property Owners Required. An application for a historic district as a historic resource designation shall also include a written statement of support, with original signatures, demonstrating a majority consensus of fifty-one percent or more of affected property owners.

(Ord. 662, § 2, 2009)

17.45.060 - Findings and determination. ¶

Designation of a historic resource shall be based on supporting evidence and the following findings by the historic resources commission and shall officially be made part of the public record.

A.

Eligibility Criteria for Historic Resource Determination. In making a determination whether a structure, property feature, residential or commercial area or neighborhood shall be designated a historic resource, the historic resources commission shall find that the building, structure or improvement, or any combination thereof in a site, place, or district, is at least fifty years old and meets one or more of the following criteria:

1.

It possesses integrity of location, design, setting, materials, workmanship and association;

2.

It exemplifies or reflects special elements of the city's cultural, social, economic, civic, aesthetic, archaeological, architectural or engineering history;

3.

It is identified with persons or events significant in local, regional, state, or national history;

4.

It embodies distinctive characteristics of an architectural style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;

5.

It is representative of the work of a notable builder, designer, or architect;

It contributes to the significance of an historic area by being a geographically definable area, possessing a concentration of not less than fifty percent of historic or scenic properties or thematically-related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development; or

7.

It is one of the few remaining examples in the region, state or nation possessing distinguishing characteristics of an architectural or historic type or specimen.

B.

Finding of Reasonable Use. The designation of a structure, place or improvement as a historic resource will not deprive the owner or owners of all reasonable use of his or her property.

C.

Disapproval. No proposal for designation once considered and disapproved by the historic resources commission shall be reconsidered except upon the affirmative vote of not less than a super-majority (quorum plus one) of commission members. Any decision to reconsider shall be treated as a new proposal for designation.

(Ord. 662, § 2, 2009)

17.45.070 - Notification by city to property owner or owners of pending designation of historic resource.

A.

This section shall apply when either the city council or historic resources commission submits an application that proposes the designation of a historic resource owned by either a private individual or individuals or any entity other than the city.

B.

The community development director shall notify the property owner or owners of the pending historic resource designation. Notification shall be conducted in the following manner:

1.

Written notification to the property owner shall be made no later ten calendar days after an application has been deemed complete by the community development director; and

2.

Written notification to the property owner shall be delivered via certified U.S. Postal Service with a return receipt request.

(Ord. 662, § 2, 2009)

17.45.080 - Public hearing procedure to designate historic resource.

The historic resources commission shall schedule a public hearing on all proposed historic resource designations as specified under Section 17.45.050 of this chapter.

A.

A public hearing shall be held within ninety calendar days after the community development director deems an application complete. Public hearing noticing shall be provided in the following manner:

1.

At least thirty calendar days prior to the scheduled public hearing before the historic resources commission, written notice of the hearing shall be sent to the owner of the structure or property feature proposed as a historic resource or the owners of buildings, structures and properties within a proposed historic resource. Written notice shall be provided via certified U.S. Postal Service with a request return receipt;

2.

At least ten calendar days prior to the historic resources commission's scheduled public hearing, a notice of the hearing shall be published in a local newspaper;

3.

At least ten calendar days prior to the scheduled public hearing, notices of the public hearing shall be posted in at least three highly visible locations near the structure, property feature, or residential or commercial area proposed as a historic resource; and

4.

At least ten calendar days prior to the scheduled public hearing, notice of date, place time and purpose of said hearing shall be provided by first class mail to property owners within three hundred feet of the property proposed for designation as a historic resource and to any person who has filed a written request for notice with the city clerk or designee.

B.

Failure of property owners to receive notice of such public hearing shall in no way affect the validity of any action taken.

(Ord. 662, § 2, 2009)

6.

With respect to a proposed relocation, the relocation of the historic resource will substantially aid its longterm preservation or enhancement.

C.

Administrative Approvals. The community development director or designee may review and approve minor exterior alterations. Minor exterior alterations are those alterations which will obviously not affect either the exterior architectural characteristics or the historical integrity of the historic structure, its site or

surroundings. The director shall determine, based on the merits of the proposal, whether an alteration or relocation shall be administratively approved or scheduled for consideration and action by the historic resources commission.

(Ord. 662, § 2, 2009)

17.45.120 - Duty to keep in good repair. ¶

A.

Prevention of Deterioration and Decay of Historical Resource. The owner or other person or entity acting as agent of the owner of a historic resource, or of an improvement, building, or structure in an historic district designated a historic resource, shall keep in good repair all of the exterior portions or elements of such improvement, building or structure, and all interior portions, the maintenance or repair of which is necessary to prevent deterioration and decay of any exterior architectural feature. Such building elements include but are not limited to: Features so attached that they may fall and injure members of the public or property; deteriorated or inadequate foundation; deteriorated or inadequate flooring; members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration; fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration; deteriorated, crumbling or loose exterior plaster; deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows and doors; defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering; inadequate electrical or plumbing systems; any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight, and/or damage from vandalism.

B.

Enforcement by Building Official. It shall be the duty of the city building official to enforce this section to prevent the "substantial deterioration" of any exterior portion of such a historic structure, building or improvement and to also prevent the substantial deterioration of any interior portions thereof which are essential to the integrity and preservation of any exterior portion.

(Ord. 662, § 2, 2009)

17.45.130 - Historic preservation incentives. ¶

A.

State Historic Building Code. The State Historic Building Code (Part 8, Title 24, C.C.R.) may be applied to all buildings and structures designated as historic resources at the discretion of the building official.

B.

Other Incentives. The historic resources commission shall investigate developing an incentive program to encourage historic preservation, investment in historic properties, and to aid property owners with potential financial burdens associated therewith. Upon recommendation by the historic resources commission and

approval by the city council, program elements shall be made available to property owners who preserve designated historic resources and, in the case of direct city expenditures, the program shall ensure that the cost of incentives is a reasonable use of public funds. Incentives such as those found in the Federal Historic Preservation Tax Certification, Conservation Easements, the California Mills Act and others as deemed appropriate may be considered for adoption or application by the city.

(Ord. 662, § 2, 2009)

17.45.140 - Procedures for demolition of historic resource.

A.

Any person proposing to demolish a building or structure designated as a historic resource or a building or structure located in an historic district designated as a historic resource, shall file an application for a demolition permit in accordance with the provisions of Chapter 15.08 of this code along with a photograph of the structure and other information as may be required by the community development director or designee.

B.

Except where a historic structure is considered unsafe and dangerous pursuant to Section 17.45.170 of this chapter, no demolition permit shall be issued without the concurrent or tandem issuance of a building permit for a replacement structure or structures for the property in question.

C.

If not already completed and on file with the city, the preparation of an historical resource assessment report shall be required prior to scheduling a public hearing on a demolition application.

D.

Following receipt of a completed application to demolish a historic resource or any building, structure or improvement within a historic district designated as a historic resource, the application shall be forwarded to the historic resources commission for consideration and a recommendation to the city council. The commission shall conduct a public hearing in accordance with the provisions of Section 17.45.080 of this chapter and recommend city council approval or denial of said application based upon public testimony, historical resource evidence and other pertinent information in the public record.

E.

Recommended approval or approval of a demolition permit for a historic resource or a structure located therein shall be based upon the following findings:

1.

That the historic resource no longer has significant aesthetic, cultural, architectural, or engineering interest or value of an historical nature and, therefore, demolition is consistent with the purposes of this chapter;

That the applicant has demonstrated that the proposed demolition is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 17.45.180 of this chapter; or

3.

That the applicant has demonstrated that denial of the demolition permit application will result in immediate and substantial economic hardship to the owner of said structure, building and/or property, or that there are no reasonable alternatives to the demolition as of the time of the hearing. In determining whether or not extreme hardship exists, the commission shall consider evidence which demonstrates the following:

a.

Denial of the demolition application will diminish the value of the subject property so as to leave little or no value for its intended use;

b.

Sale or rental of the property at a reasonable rate of return is not feasible or is impractical; and/or

c.

Utilization of the property for lawful purposes is prohibited or impractical.

F.

The resolution adopted by the historic resources commission memorializing the commission's action concerning the demolition permit shall be forwarded to the city council.

G.

The city council shall hold a public hearing in accordance with the provisions of Section 17.45.080 of this chapter at a regularly scheduled meeting to consider the demolition of a historic resource.

H.

Except as otherwise provided herein, the city council either shall either approve or deny the demolition permit subject to the findings of this section.

I.

The city council may also continue the public hearing for a demolition permit for up to one hundred twenty calendar days to consider the feasibility of relocation of the historical structure. During this waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the county of Monterey at least two times during the first thirty calendar days following the public hearing before the city council. Such advertisement shall include the structure address and information concerning relocation arrangements. Evidence of this publication must be submitted to the community development director at least ten calendar days prior to the continued public hearing.

J.

The city council's determination shall be final.

(Ord. 662, § 2, 2009)

17.45.150 - Demolition of building or structure fifty years of age or older. ¶

A.

Applications for the demolition of a potentially significant historic building or structure that is fifty years of age or older shall require completion of a historical resource assessment report at the owner or applicant's expense.

B.

If the historical resource assessment report concludes that the building or structure does not qualify as a historical resource under this chapter, the demolition permit application may be approved by the building official.

C.

If the historical assessment report concludes that the building or structure does qualify as a historical resource under the provisions of this chapter, review and approval of the application by the historical resources commission is required pursuant to Section 17.38.130 of this title.

D.

Following receipt of a complete application to demolish such a structure or building, a public hearing before the historical resources commission shall be scheduled for consideration and action on the application in accordance with the public hearing provisions of Section 17.45.080 of this chapter.

E.

A decision to approve a demolition permit shall be based upon the following findings:

1.

That the applicant has demonstrated that the proposed demolition is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 17.45.180 of this chapter;

2.

3.

That the economic benefits of demolition outweigh the loss of a potential historic resource to the community; and

That neither repairs nor stabilization of the structure are feasible; and

b.

That the replacement building(s) or structure(s) will enhance the character of the neighborhood in which it is located; or

F.

In determining whether or not extreme economic hardship exists, the commission shall consider evidence which demonstrates the following:

1.

Denial of the demolition application will diminish the value of the subject property so as to leave little or no value for its intended use;

2.

Sale or rental of the property at a reasonable rate of return is not feasible or is impractical; and/or

3.

Utilization of the property for lawful purposes is prohibited or impractical.

(Ord. 662, § 2, 2009)

17.45.160 - Appeal process. ¶

Any decision by the historic resources commission concerning designation of a historic resource or historic district, or a proposed alteration of a historical resource pursuant to Section 17.45. 110 of this chapter, or a proposed demolition of a potentially significant historic building or structure, pursuant to Section 17.45.150 of this chapter, may be appealed in writing to the city council.

A.

Except as otherwise provided in this section, any property owner may appeal in writing the decision of the historic resources commission to the city council.

B.

The appealing party shall have the burden of proof to provide evidence for overturning the determination made by the historic resources commission.

C.

The appealing party shall have thirty calendar days from the date of receipt to initiate an appeal.

D.

Failure of any property owner to receive notice shall in no way affect the validity of any action taken.

E.

If no appeal is filed with the city clerk within thirty calendar days following the decision of the historic resources commission, such decision shall be final.

F.

Following receipt of a written appeal, a public hearing before the city council shall be scheduled and conducted within thirty calendar days of receipt of notice of appeal in accordance pursuant to this section.

(Ord. 662, § 2, 2009)

17.45.170 - Revocation of historic resource designation. ¶

Once so designated as a historic resource pursuant to this chapter, revocation of a historic resource designation shall be undertaken as follows:

A.

A property owner may submit a written request to the community development director for the revocation of historic resource designation on his/her property stating the reasons for such request.

B.

The historic resources commission shall receive the written request at its next regularly scheduled meeting and schedule a public hearing pursuant to the provisions of Section 17.45.080 of this chapter.

C.

The historic resources commission shall consider testimony presented by the property owner or owners and the public and make a recommendation to the city council to approve or deny the requested revocation.

D.

The city council shall hold a public hearing at a regularly scheduled meeting to consider the revocation request and recommendation of the historic resources commission.

E.

Revocation of a historic resource designation shall be based on one or more of the following findings:

1.

That the historic resource no longer has significant aesthetic, architectural, or engineering value of an historic or cultural nature; and

2.

That the revocation of a historic resource designation is consistent with the stated purpose of this chapter.

(Ord. 662, § 2, 2009)

17.45.180 - Unsafe or dangerous conditions. ¶

None of the provisions of this chapter shall be construed to prevent any measure of construction, alteration, removal, or demolition necessary to correct the unsafe or dangerous condition of any structure or other feature, or part thereof, where such condition has been declared unsafe or dangerous by the building official and where the proposed measures have been declared necessary, by the building official, to correct the condition; provided, however, only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God to such an extent that, in the opinion of the building official, it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Ord. 662, § 2, 2009)

17.45.190 - Time extensions. ¶

If any action under this chapter is subject to the provisions of the California Environmental Quality Act (Pub. Res. Code sections 21000 et seq.), the time in which such action must be taken shall be extended in order to comply with the provisions of said Act.

(Ord. 662, § 2, 2009)

17.45.200 - Enforcement and penalties. ¶

A.

General. It shall be the duty of community development director, or the community development director's delegate, to administer and enforce the provisions of this chapter.

B.

Violation. It is unlawful for a person or entity to alter or demolish or cause to be altered or demolished any historic resource or portion thereof in violation of any provisions of this chapter.

C.

Civil and Criminal Penalties. It shall be unlawful for any person to permit or maintain violations of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of an historic resource without first obtaining the written approval of the community development director, the historic resources commission, planning commission or city council as provided in this chapter, or to defy any order or decision rendered by the community development director, the historic resources commission, planning commission or city council.

1.

Any violations of this chapter shall be enforced as provided by Chapter 1.04 of this code.

Notwithstanding the aforesaid, any person or entity who demolishes a historic resource in violation of the provisions of the chapter, shall be liable civilly for payment of a sum equal to the replacement value of the building or structure in kind, or up to an amount set at the discretion of the court.

3.

As part of the enforcement proceeding, violators may be required to reasonably restore the building, structure, object or site to its appearance or condition prior to the violation, under the guidance of the historic resources commission and/or direction of the building official.

D.

Injunctive Relief. The city attorney may maintain an action for injunctive relief to restrain a violation or correct a violation, or cause, where possible, the complete or partial restoration, reconstruction, or replacement in kind of any historic resource demolished, altered or partially demolished, or allowed to fall below minimum maintenance standards in violation of this chapter.

E.

New Construction. A lot which is the site of alteration or demolition of an historic resource in violation of this chapter shall not be developed in excess of the dwelling unit density and/or building footprint, of the altered or demolished building or structure for a period of five years from the unlawful alteration or demolition. A person or entity may be relieved of the penalties provided in this section if, as to an unlawful alteration, the person or entity restores the original distinguishing qualities and character of the building or structure destroyed or altered. Such restoration must be undertaken pursuant to a valid building permit issued after a recommendation by the historic resources commission, and a finding by the city council that the proposed work will effect adequate restoration and can be done with a substantial degree of success.

F.

Remedies Not Exclusive. The remedies in subsections B through E of this section are not mutually exclusive.

(Ord. 662, § 2, 2009)

Chapter 17.46 - APPEALS

Sections:

17.46.010 - Applicability. ¶

This chapter applies to all zoning appeals, except where other specific appeal procedures are prescribed by this title, in which case such prescribed procedures shall be followed.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.46.020 - Right to appeal. ¶

Decisions of the planning director or planning commission may be appealed by an applicant or any aggrieved person, including the planning commission and the city council, and individual members thereof. An appeal shall be filed in the form of a letter setting forth the reasons for the appeal. An appeal shall be accompanied by any fees required as set from time to time by resolution of the city council. Appeal fees shall not be required for appeals initiated by the planning commission or the city council. When an appeal has been filed, the planning director will prepare a report on the matter and schedule the appeal for consideration by the appropriate body within forty-five days of receipt of the appeal. The hearing body may affirm, affirm in part, or reverse the action, decision or determination which is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this title.

(Ord. 524 § 2 (Exbt. A) (part), 1993: Ord. 445 § 2 (Exbt. A) (part), 1986)

17.46.030 - Appeals of planning director actions.

Determinations on the meaning or applicability of the provisions of this title which are believed to be in error, and cannot be resolved with staff, and any decision of the planning director to approve or deny an application may be appealed to the planning commission. The planning director shall provide the planning commission and city council with notification of its actions. Appeals shall be filed with the secretary of the planning commission within fourteen days after the decision of the planning director. The appeal will be decided by the planning commission following a public hearing conducted in accordance with Section 17.42.030 (Public hearing and notice).

(Ord. 524 § 2 (Exbt. A) (part), 1993: Ord. 445 § 2 (Exbt. A) (part), 1986)

17.46.040 - Appeals of planning commission actions.

Any decision of the planning commission may be appealed to the city council by filing a letter of appeal with the city clerk within fourteen days of the action of the planning commission. The planning director shall provide the city council with notification of the planning commission actions. Appeals will be decided by the city council following a public hearing conducted in accordance with Section 17.42.030 (Public hearing and notice).

(Ord. 524 § 2 (Exbt. A) (part), 1993: Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.48 - AMENDMENTS

Sections:

17.48.010 - General procedure. ¶

Except as otherwise provided in this chapter, any amendment to this title shall be initiated and adopted as other ordinances are amended or adopted.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.020 - Special procedure—When required.

Any amendment of this title which changes any property from one zone to another or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be adopted as set forth in this chapter.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.030 - Initiation of amendments. ¶

Amendments to this title may be initiated by an application of the owner of affected property; or by his agent, or upon its own initiative either the city council or the planning commission may by motion initiate proceedings for such amendment.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.040 - Application by property owner. ¶

Application for an amendment to change district boundaries may be made by the owner of record of property for which a change is sought, or by his agent when authorized in writing by the owner, or by a purchaser or lessee of said property when acting pursuant to a written contract with the owner. Application shall be made to the planning commission on a form prescribed by the commission and shall contain (a) a description and map showing the boundaries of existing and requested districts, and identifying the property for which a change of district is requested; (b) a written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; and (c) such additional information as the planning director may deem pertinent to the application. The application shall be accompanied by a fee in an amount fixed by resolution of the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.050 - Public hearing by planning commission. ¶

Upon receipt of an application for a change in district boundaries pursuant to Section 17.48.040, or upon the initiation of an amendment to this title upon motion of the city council or the planning commission, the planning commission shall set a date for a public hearing thereon. Notice of the time and place of the hearing, including a general explanation of the amendment to be considered, shall be given in the manner specified in Section 17.48.060 of this chapter.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.060 - Notice of public hearing. ¶

The planning commission shall give notice of hearing on a proposed amendment of the kind described in Section 17.48.020 in the following manner:

Notice of the hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of hearing.

Additionally, written notice of the hearing shall be mailed at least ten days prior to the date of hearing to each owner of record of real property within three hundred feet of the exterior boundaries of the property which is the subject of the proposed boundary change. If the proposed amendment was initiated by a person other than the owner of the subject property; said notice shall also be mailed to the owner as shown on the last equalized assessment roll.

C.

In the event that the number of owners to whom notice would be sent pursuant to subsection B of this section is greater than one thousand, the planning commission may, as an alternative, give such notice at least ten days prior to the date of hearing by placing an insert with any generalizing mailing sent by the city to property owners in the area affected by the proposed amendment, such as billings for city services. Compliance with the procedures set forth in this section constitutes a good-faith effort to provide notice, and the failure of any owner to receive notice shall not prevent the city from proceeding with the hearing or from taking any action, nor shall the failure to receive notice affect the validity of any action so taken.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.070 - Contents of notice of public hearing.

The notice of public hearing given pursuant to Section 17.48.060 shall contain the following:

A.

In the case of a proposed amendment changing district boundaries, the street address of the affected property, if known, or the location of the property if the street address is not known, and the existing and proposed districts applicable to the property;

B.

The time, place and purpose of the hearing;

C.

A brief description, the content of which shall be in the sole discretion of the city, of the change in district boundaries or in zoning regulations proposed;

D.

Reference to the application or motion on file for particulars;

E.

A statement that any interested person may appear and be heard.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.080 - Action by planning commission. ¶

After the public hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. The recommendation shall include:

A.

The reasons for the recommendation;

B.

The relationship of the proposed amendment to the general plan and to applicable specific plans;

C.

The findings and determinations of the commission with respect to the proposed amendment.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.090 - Denial by planning commission. ¶

Planning commission denial of any proposed amendment shall terminate the proceedings in the matter; except, that in the case of an amendment initiated by the city council, the commission shall forward its recommendation to the council as provided in Section 17.48.080.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.100 - Public hearing by city council. ¶

Upon receipt of the recommendation of the planning commission concerning the proposed amendment, the city council shall hold a public hearing thereon. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of public hearing by the planning commission, as specified in Sections 17.48.060 and 17.48.070.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.110 - Action by city council. ¶

After consideration of the recommendation of the planning commission and the completion of the public hearing, the council may approve, modify or disapprove the proposed amendment; provided, that any modification of the proposed amendment by the city council not previously considered by the planning commission during its public hearing on the matter shall first be referred to the planning commission for report and recommendation, but the planning commission is not required to hold a public hearing on the modification.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.120 - Prezoning. ¶

The determination of district classifications and district boundaries appropriate for property located outside the city, but potentially subject to annexation, may be made in the same manner as prescribed in this chapter for any property within the city; provided, that any ordinance duly passed by the city council

establishing such district classifications and district boundaries shall become effective only upon the effective date of annexation of such property to the city.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.130 - Resubmittal of application. ¶

When an application for a change of district boundaries has been submitted by a property owner and subsequently has been denied, no new application by a property owner for the same; or substantially the same, change shall be filed or considered within one year of the date of closing of the hearing on the application before the planning commission. This provision does not prevent the initiation of proceedings by either the planning commission or the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.140 - Notification of county assessor. ¶

Within thirty days after the final adoption of an ordinance changing the zoning of any property from one district to another, the city council shall notify the county assessor or such action.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.49 - ART IN PUBLIC PLACES PROGRAM

Sections:

17.49.010 - Purpose and intent. ¶

The purpose and intent of this chapter is to promote the general welfare and beauty of the city of Soledad through the acquisition and installation of public art works.

(Ord. 641 § 1 (part), 2006)

17.49.020 - Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:

"Art," "art work" or "public art" means an original creation of art which is freestanding or free hanging in that it is not a part of a building or other structure, nor an architectural element on or in which the work of art is placed, installed or affixed. Art includes, but is not limited to, sculptures, monuments, wall hangings, tapestries, photographs, etchings, engravings and paintings. Art shall not include decorative, ornamental or functional elements designed by the architect or other design consultant retained for the design and construction of the subject building or art objects that are mass produced with a standard design such as fountains and statuary objects.

"Art in public places committee" shall have the meaning set forth in Section 17.49.080.

"Commercial building" means any building or structure, all or part of which, contain commercial use.

"Construction cost" means the total value of all construction on a commercial or industrial structure.

"Industrial building" means any building or structure, all or part of which, contain industrial use.

"Maintenance" means preservation of the art work in good condition to the satisfaction of the city, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining insurance coverage.

"Mural" means a graphic illustration or presentation other than a sign of any type, that is painted or otherwise applied to an inside or outside wall, facade, or surface of a building or structure.

"Public place" means any area on public or private property which is open to the general public and is easily accessible and clearly visible to the general public.

(Ord. 641 § 1 (part), 2006)

17.49.030 - Public art or in lieu payment required.

Any person constructing a commercial or industrial building within the city shall provide art in a public place or make an in lieu payment as provided in this section.

A.

The project applicant shall acquire and install an art work in a public place on or in the vicinity of the project site as approved by the city council pursuant to this chapter. The art work shall have a value that equals or exceeds one percent of the total construction cost.

B.

In lieu of acquiring and installing an art work in a public place, project applicants may contribute funds to the "art in public places fund" established pursuant to Section 17.49.130. The in lieu payment shall be equal to one percent of the construction cost of the commercial or industrial building and shall be paid by the project applicant at the time of issuance of a building permit. Project applicants shall indicate on their building permit application that they wish to make an in lieu payment.

(Ord. 641 § 1 (part), 2006)

17.49.040 - Projects subject to art in public places requirement.

The requirements of this chapter shall apply to the following:

A.

All new commercial and industrial building over fifteen thousand square feet of gross floor area;

B.

Remodeling, repair or reconstruction of existing commercial and industrial buildings, interior or exterior, where the building permit value exceeds one hundred thousand dollars in changes to the building, excluding landscaping and "acts of God."

C.

All public facilities over fifteen thousand square feet of gross floor area constructed by the city or the redevelopmentagency, except those listed in Section 17.49.050.

(Ord. 641 § 1 (part), 2006)

17.49.050 - Projects not subject to art in public places requirement.

The requirements of this chapter shall not apply to the following:

A.

Remodeling, repair or reconstruction of existing commercial and industrial use property which constitutes less than one hundred thousand dollars of building permit value;

B.

Residential subdivision and development;

C.

Low-income housing construction, remodel, repair or reconstruction projects;

D.

Construction, remodel, repair or reconstruction of structures to be constructed and occupied by a nonprofit, social service agency or institution;

E.

Underground public works projects;

F.

Street or sidewalk repairs;

G.

Tree planting.

(Ord. 641 § 1 (part), 2006)

17.49.060 - Application. ¶

A.

An art in public places application shall be made on a form provided by the city no later than application for permits.

The following information and documents must be submitted with all applications:

1.

If the applicant is:

a.

An individual, the applicant shall provide his or her legal name, any aliases, and current driver's license,

b.

A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, and any aliases,

c.

A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, and capacity of all officers;

2.

The name of the business;

3.

The name of the prospective on-site manager or foreman;

4.

The type of proposed property use whether commercial or industrial;

5.

Square footage of the proposed development project;

6.

The location of the property;

7.

Option selection:

a.

Acquire and install an art work in a public place pursuant to subsection A of Section 17.49.030, or

In lieu payment pursuant to subsection B of Section 17.49.030;

8.

A site plan showing the location of the art work, complete with a detailed drawing showing size, scale, colors and description of materials to be used;

9.

The applicant shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

(Ord. 641 § 1 (part), 2006)

17.49.070 - Application process. ¶

The requirements and procedures for processing an art in public places application shall be as follows:

A.

The project applicant shall submit to the building division a completed application, designating which option is being utilized (in lieu or installation of art). In cases where an in lieu payment has been selected, payment of the fee will complete the application process;

B.

Upon receipt of an application and payment of the application deposit fee, the city shall immediately stamp the application as received on that date;

C.

An application submitted pursuant to this section will not be accepted unless the application fee is submitted with the respective application;

D.

In those cases under Section 17.49.030(A) not later than thirty days after the city has received the application, the city shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant;

E.

In the event the determination is made that the application is not complete, then the written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they may be made complete;

F.

If the written determination is not made within thirty days after receipt of the application, the application shall be deemed complete for purposes of this chapter;

G.

Within thirty days after the application has been deemed complete, the staff liaison shall forward a copy of the application to the art in public places committee for its review and comment;

H.

Within thirty days after receiving the comment from the development review committee, the staff liaison shall forward a copy of the application and a staff recommendation to the city of Soledad city council for its review and consideration;

I.

The city council shall approve, conditionally approve or deny the application with or without prejudice based upon the guidelines set forth in Section 17.49.170 within thirty days of its initial review of the application.

(Ord. 641 § 1 (part), 2006)

17.49.080 - Art in public places committee. ¶

The art in public places committee shall consist of five members appointed by the mayor with the consensus of the city council. The membership should, to the greatest extent possible, consist of persons with knowledge, education, training or experience in the visual arts. The art in public places committee members shall serve for a term of two years and shall serve without compensation.

The art in public places committee will have the authority and duty to recommend public art works for placement in public and private development projects throughout the city. The committee shall also advise the city council on the use of the public art fund and other matters regarding implementation of the art in public places program pursuant to the adopted guidelines.

The committee shall review art plans for art work to be located within a public place as directed by the city council. In making this determination, the committee shall consider the following criteria:

A.

Whether the art work is appropriate as public art and is compatible in scale, material form and content with the surroundings within which it is to be located;

B.

The inherent quality of the work of art;

C.

Consideration of the structural and surface soundness of the art work and its prominence in terms of relative proof against age, theft, vandalism, weathering or excessive maintenance or repair costs;

D.

Whether reasonable diversity in the type of art work in public places is being attained in terms of style, scale, media and materials represented;

E.

Recommending themes for artwork e.g., in industrial area, "steel theme";

F.

Recommending to the city council purchase or commission of artwork/murals.

(Ord. 641 § 1 (part), 2006)

17.49.090 - Performance security.

A.

If the applicant has elected to acquire and install public art, then the applicant shall deposit with the city cash, a letter of credit, or other satisfactory security in an amount equal to the value of the art required by Section 17.49.030(A) within thirty days after the final decision of the city council.

B.

If the public art required by this chapter is not installed within the time period set by the city council, then the applicant shall forfeit the security posted with the city and the city shall be permitted to use the security to purchase and install alternate public art within the city.

(Ord. 641 § 1 (part), 2006)

17.49.100 - Guidelines for art works.

Guidelines for the approval and maintenance of art in public places shall include, but are not limited to, the following criteria:

A.

The art works shall be clearly visible and easily accessible to the public;

B.

The application shall include a site plan showing the location of the art work, complete with landscaping, lighting and other accessories to complement and protect the art work;

C.

The composition of the art work shall be of permanent type materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance;

The art in public places fund shall be used to provide sites for, and works of art in, public places in order to further the intent of this chapter.

D.

The art in public places fund shall be used to maintain and insure art works installed pursuant to this chapter.

E.

The development review committee shall make recommendations to the city council concerning the use of the art in public places fund to purchase or commission art works.

F.

The decision to use the art in public places fund to purchase or commission art work shall be based on the guidelines set forth in Section 17.49.100.

G.

All decisions regarding the use of the art in public places fund shall be made by the city council.

H.

Administration of the art in public places fund shall comply with the provisions of Government Code Section 66000 et seq.

(Ord. 641 § 1 (part), 2006)

17.49.140 - Ownership, maintenance and insurance.

A.

The holder of the certificate of occupancy of the structure for which the public art requirement was imposed is the owner of the art, and is responsible for its maintenance and for providing insurance coverage in the amount of the purchase price to insure the art against any loss or damage, including vandalism. This provision does not apply when the in lieu option is selected.

B.

Any art purchased by the city from the art in public places fund shall be the property of the city and shall be maintained and insured by the city.

(Ord. 641 § 1 (part), 2006)

17.49.150 - Removal or alteration of public art.

Public art installed on or integrated into a construction project pursuant to the provisions of this chapter shall not be removed or altered without the approval of the city council. If such public art is knowingly removed or altered without prior approval from the city council, the property owner shall contribute funds equal to the project's original public art requirement to the city's art in public places fund.

(Ord. 641 § 1 (part), 2006)

17.49.160 - Public nuisance. ¶

Failure to comply with Sections 17.49.030 and 17.49.140(A) of this chapter shall constitute a public nuisance which shall be subject to the provisions of Chapter 17.50 of this code.

(Ord. 641 § 1 (part), 2006)

17.49.170 - Infraction violation. ¶

A violation of Sections 17.49.030, 17.49.090(A) and 17.49.150 of this chapter by any person responsible for committing such violation shall constitute an infraction violation and the violator shall be subject to the provisions of Chapter 17.50 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 641 § 1 (part), 2006)

Chapter 17.50 - ENFORCEMENT

Sections:

17.50.010 - Enforcement. ¶

The planning director and all department officials and public employees of the city vested with the duty or authority to issue permits shall do so in conformity with the provisions of this title, and any such permit, certificate, license or other entitlement issued in conflict with this title, intentionally or otherwise, is null and void. It shall be the duty of the planning director and the building official to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure, and to the use of any land, building or premises.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.50.020 - Declaration of nuisance. ¶

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, building or premises established, conducted, operated or maintained contrary to this title is unlawful and a public nuisance. The city attorney, upon the written request of the planning director or upon direction from the city council, is authorized and directed to commence legal action or proceedings for the abatement, removal and enjoinment thereof.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.50.030 - Violation—Penalty. ¶

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any provisions of this title, is guilty of an infraction. The fine for the first conviction shall be a minimum of one hundred dollars. The fine for a second conviction of the same municipal code section within one year shall be a minimum of two hundred dollars. For each additional conviction of the same municipal code section within one year, the minimum fine shall be three hundred dollars.

(Ord. 467 § 1, 1988: Ord. 445 § 2 (Exbt. A) (part), 1986)

Chapter 17.51 - REASONABLE ACCOMMODATION PROCEDURE

Sections:

17.51.10 - 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.

(Ord. No. 755, § 2, 10-4-2023)

17.51.020 - Applicability.

A.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning ordinance or other city requirement, policy, or practice acts as a barrier to fair-housing opportunities. A person with a disability is a person who has a physical or developmental 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 chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation 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.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

E.

Requests for reasonable accommodation shall be as described in Section 17.45.030.

(Ord. No. 755, § 2, 10-4-2023)

17.51.030 - Application procedure.

A.

Requests for reasonable accommodation shall be submitted in the form of a letter to the director and shall contain the following information:

The applicant's name, address, and telephone number;

2.

Address 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 ordinance provision, regulation, or policy from which reasonable accommodation is being requested; and

6.

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

B.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit), then the applicant shall file the application for discretionary approval together with the information required by Section 17.45.030 (A) for concurrent review.

(Ord. No. 755, § 2, 10-4-2023)

17.51.040 - Review authority.

A.

Requests for reasonable accommodation shall be reviewed by the director or designee if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established in Section 17.45.050.

B.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established in Section

17.45.050.

(Ord. No. 755, § 2, 10-4-2023)

17.51.050 - Findings and decision. ¶

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

A.

Whether the housing, which is the subject of the request, will be used by an individual considered disabled under the Acts;

B.

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

C.

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

D.

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 or zoning.

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

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

(Ord. No. 755, § 2, 10-4-2023)

17.51.060 - Conditions of approval. ¶

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall be rescinded if the person for whom the accommodation was requested no longer resides on the property.

(Ord. No. 755, § 2, 10-4-2023)

Chapter 17.52 - SPECIFIC PLANS

Sections:

17.52.010 - Purpose. ¶

E.

A map and/or text specifying the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, energy, and other essential facilities in the specific plan area.

F.

Public works projects, programs, and implementation measures necessary to carry out the specific plan's stated purpose.

G.

A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out these provisions of the specific plan.

(Ord. No. 756, § 2, 10-4-2023)

17.52.070 - Application and required fees. ¶

Application Filing and Processing. Applications for a specific plan shall be filed and processed in accordance with Chapter 17.42 (zoning compliance certificates-conditional use permits-variances). Additionally, for all specific plan applications, including amendments to existing specific plans, a general plan amendment shall be processed. The general plan amendment application shall be processed concurrently with the specific plan application and shall be subject to the processing and noticing requirements outlined in Chapter 17.48 (amendments).

B.

Application Fees. Application fees shall be collected in accordance with Chapter 17.42 (zoning compliance certificates-conditional use permits-variances).

(Ord. No. 756, § 2, 10-4-2023)

17.52.080 - Approval authority. ¶

Specific plans shall be approved by the city council. The city council is authorized to approve, conditionally approve, modify, or deny a specific plan application.

Upon approval of the final specific plan by the city council, the land use map shall be amended to identify the area covered by the plan. The city council's approval of the final specific plan and the establishment of zoning shall be by ordinance.

B.

The approved final specific plan shall be filed in the office of the city clerk and in the community and economic development department.

(Ord. No. 756, § 2, 10-4-2023)

17.52.120 - Amendments. ¶

Specific plans may be amended or repealed in the same manner as originally adopted.

(Ord. No. 756, § 2, 10-4-2023)

17.52.130 - Relationship to the Zoning Code.

Development standards, procedural regulations and other provisions of this code shall apply within a specific plan except where they conflict with provisions of the specific plan.

(Ord. No. 756, § 2, 10-4-2023)