Title 17 — Zoning[1]

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Title 17 - Zoning[[1]]

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State Law reference— For statutory provisions on planning in general, see Gov. Code § 65000 et seq.; for provisions authorizing cities to regulate the use of land and building, see Gov. Code § 65800.

The zoning ordinance codified in this title shall be known and may be cited as the "Sonora Zoning Ordinance." It shall be referred to hereinafter as "this title," and the term shall include any subsequent amendment thereof.

(Ord. 376 § 10-1-1, 1967.)

and purpose

This title is enacted pursuant to Article XI, Section 11 of the Constitution of the state of California and to the provisions of Chapter 4, Title 7 (Section 65800 and subsequent sections), Chapter 10, Title 3 (Sections 26027 and 26028) and of Chapter 2, Title 5 (Section 50485) of the California Government Code. This title establishes certain regulations of land and structures in order to protect and promote the health, safety, and welfare of the public, and insure the orderly development of the city. This title has, among other further and more specific purposes, to preserve and enhance the quality of the human environment, to promote the most desirable use of land, to conserve property values, to strengthen the economic base of the city, and to safeguard the public from future undue expenditures.

(Ord. 376 § 10-1-2, 1967.)

17.04 - Definitions

"Generally" means certain words and phrases, when used in this title, are defined as follows, unless the context of a particular provision clearly requires a different definition. The terms of phrases used in this title are technical or specialized, or may not reflect common usage. If any of the definitions in this chapter

conflict with the definition in other provisions of the Sonora Municipal Code, these definitions shall control for the purposes of this title. If a word is not defined in this chapter, or in other provisions of this title, the most common dictionary definition is presumed to be correct.

"Accessory" means customarily incidental, related and subordinate to the principal legal use of the parcel and located on the same parcel.

"Accessory building" means a detached building which is subordinate to, and whose use is customarily incidental to, that of the main building or structure on the same lot.

"Animal nuisance", see Sonora Municipal Code Section 6.04.020(D).

"Animal shelter" or "animal clinic" means a place where four or more household pets, livestock, poultry or other animals of more than four months of age are kept, boarded, trained or cared for.

"Automotive service station" means a retail place of business engaged primarily in the sale of motor fuels but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and the performance of minor automotive maintenance and repair. The supplying of other incidental customer services is excluded except where such uses are otherwise permitted.

"Bed and breakfast establishment" means a residential structure, located in a residential zone (where allowed by use permit) which provides overnight accommodations for travelers or tourists, on a daily basis, and which serves meals to its guests, but not to the public generally, the price for which is included in the charge for lodging.

"Building" means a roofed structure designed or used for the support, shelter or enclosure of persons, animals, vehicles, or materials of any kind.

"Building coverage" means the total of ground floor areas of all buildings, including accessory buildings, occupying a parcel, expressed as a percentage of the area of such parcel.

"Building height" means the vertical dimension measured from the ground level to the highest point of the coping of a flat roof; or to the deck line of a mansard roof; or to the average height between eaves and the highest ridge of a gable, hip or gambrel roof or between eaves and the highest point of an arch roof.

"The California Register of Historical Resources" is the state register of cultural resources as established pursuant to Public Resources Code Sections 5020.1, 5020.5, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1.

"Cargo container" means a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The term "cargo container" shall not include a storage shed that is assembled at the site or a trailer with wheels used in the transport of freight. This term shall only apply to those containers that are accessory to the primary use of the property for the storage of directly related nonflammable, noncombustible, nonhazardous materials, and supplies. This definition

means also terms including "shipping container", "c-train", "conex box", and similar verbiage for means of implementation.

"Carport" means a covered motor vehicle parking structure accessory to a single- or multi-family residential use. It may be freestanding or attached to a single or multi-family structure. A carport shall be one story in height and entirely open on two or more sides except for structural supports. There can be no enclosed use above a carport.

"Chicken tractor" means a movable poultry coop lacking a floor.

"Child daycare facility" means a facility that provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child daycare facility includes daycare centers, employer-sponsored childcare centers, and family daycare homes. (Health and Safety Code Section 1596.750, as may be amended.)

"Commercial animal establishment", see Sonora Municipal Code Section 6.04.020(H) (1).

"Commission" means the planning commission of the City of Sonora.

"Community development department" means the city community development department administered by the community development director.

"Cottage food operation (CFO)" shall mean an enterprise in a private home where low- risk food products are prepared or packaged for sale to consumers and as more particularly defined in California Health and Safety Code Section 113758, as may be amended. "Low-risk foods products," for the purposes of a CFO, means those foods on the list of approved CFO food products maintained on the California Department of Public Health's website.

"Cultural resource(s) evaluation" means an evaluation of a building or structure prepared by a qualified professional(s), as determined by the community development director, using the criteria established by a cultural resources register which concludes with a determination of the building's eligibility for listing on a cultural resources register.

"Cultural resources register" means any of the following: the California Register of Historical Resources, the National Register of Historic Places, or any cultural resources register that may be adopted by the city.

"Daycare" means the same as "Child daycare facility."

"Daycare center" means any child daycare facility other than a family daycare home, and includes infant centers, preschools, extended daycare facilities, and school-age childcare centers. (Health and Safety Code Section 1596.76, as may be amended.)

"Days" means calendar days, except when the last day falls on a Saturday, Sunday or legal holiday, in which case the following day is included.

"Demolition" means any intentional act or process which results in the destruction of sixty percent or more of an individual building or structure. Demolition excludes maintenance and repair and activities involving interior features only.

"Domestic animal", see Sonora Municipal Code Section 6.04.020(L).

"Dwelling unit" means a building or self-contained portion thereof, designed or used as living quarters for not more than a family; a rental unit, such as in a motel, hotel or roominghouse, containing cooking or housekeeping facilities; and is exclusive of mobile homes.

"Emergency shelter" means housing, within buildings and structures that have been constructed in accordance with the California Building Standards Code, with on-site management and minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Employer-sponsored child care center" means any child daycare facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer. (Health and Safety Code Section 1596.771, as may be amended.)

"Family" means one individual, or two or more individuals related by blood, marriage or adoption, their servants, and not more than four unrelated individuals, occupying a dwelling unit as a single, nonprofit housekeeping unit.

"Family daycare home" means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a "large family daycare home" or a "small family daycare home". (Health and Safety Code Section 1596.78(a), as may be amended.)

"Floor area" means the total gross area of all floors, with a ceiling height of seven feet or more, of all buildings occupying a parcel, measured horizontally from the exterior faces of exterior walls or foundations, inclusive of enclosed or roofed porches or terraces, and exclusive of inner courts open vertically to the sky, and basements unless designed or used for the primary use of the building.

"Ground level" means the average elevation of the finished ground levels contiguous to the centers of the exterior walls or foundations of a building. When the front wall of a building is parallel to and not more than five feet from the street Right-of-Way, the ground level shall be the elevation of the crown of the street at a point opposite the center of such front wall.

"Guesthouse" means a detached building designed or used as sleeping quarters without cooking or housekeeping facilities, accessory to a one-family dwelling, and exclusive of a mobile home.

"Home occupation" means any use customarily carried on within a residential dwelling by the inhabitants thereof for which the inhabitants receive some form of remuneration, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and does not adversely affect the uses permitted in the zone and vicinity in which it is located, provided the home occupation is approved pursuant to the provisions of Chapter 17.59. "Home Occupation" excludes cottage food operations (CFOs) as defined in the California Health and Safety Code Section 113758 and governed pursuant to California Government Code Section 51035 and Sonora Municipal Code Section 17.77.030.

"Hotel" or "motel" means a building or group of buildings containing five or more rental units, with or without meals provided for the guests, and does not include bed and breakfast establishments.

"Junkyard" means storage of waste or salvaged metal or materials, unused vehicles, dismantling or demolition of machinery or vehicles, covering more than two hundred fifty square feet of land and not within a completely enclosed building.

"Large family daycare home" means a home that provides family daycare for nine to fourteen children, inclusive, including children under the age of ten years who reside at the home. (Health and Safety Code Section 1596.78(b), as may be amended.)

"Livestock" means domesticated hoofed animals, poultry, or rabbits.

"Maintenance and/or repair" includes, but is not limited to, work necessary for the ordinary upkeep of property in response to normal deterioration generally caused by natural forces other than neglect (e.g., weather). Maintenance or repair normally involves mending or fixing existing structural features rather than replacing them. Maintenance or repair normally involves the preservation of existing, or use of like, materials to mend or fix structural features without causing a change in exterior appearance.

"Minor accessory building or structure" means a one story building or structure less than one hundred twenty square feet in size as measured from the outside of the building or structure-except for carports regulated pursuant to Section 17.40.080. Includes, but is not limited to, garden sheds, play structures, greenhouses, gazebos, and art studios.

"Microbrewery" means a brewery that produces no more than fifteen thousand barrels of ales, beers, meads, hard ciders, and/similar beverages on-site per year, in keeping with the regulations of the Alcohol Beverage Commission and Bureau of Alcohol, Tobacco, Firearms and Explosives and other applicable state and local requirements.

"Mobile home" means a vehicle designed or used as a semipermanent dwelling unit.

"Mobile home park" means land designated or used for the rental of one or more spaces for the occupancy of mobile homes.

"The National Register of Historic Places" means the federal inventory of cultural resources established pursuant to 16 United States Code (U.S.C.) 470 (1966) under the authority of the Historic Sites Act of 1935 16 U.S.C. 461-467 (1935, and as amended) and the National Historic Preservation Act of 1966 (16 U.S.C. 470, 1966 and as amended)).

"Office" means a place where business is transacted or services are offered without the handling of goods or products.

"Owner" means the person having title to real property, singly or jointly, in fee simple, life estate, or under a term of ten years or more.

"Owner representative" means any person authorized by the owner to fully manage the transient use parcel.

"Parcel" means all contiguous land held by one owner and not traversed by a public street. See also Section 17.54.020.

"Parcel area" means land within the boundaries of a parcel measured horizontally, exclusive of:

A.

Vehicular or pedestrian rights-of-way or easements not for the exclusive use of the parcel on which it is located;

B.

Access strip to the parcel in excess of five percent of the total parcel area;

C.

All land normally under water for all or part of the year.

"Parcel width" means the horizontal distance between side parcel lines measured in a straight line substantially parallel to the street Right-of-Way, at such distance therefrom as specified in this title for any zone, exclusive of vehicular easement not for the exclusive use of the parcel.

"Pasture, grazing or unoccupied land", see Sonora Municipal Code Section 8.12.010.

"Person" means an individual, firm, corporation, partnership, association or similar entity.

"Place of entertainment" means a facility for theater, dance, sports or other amusement.

"Pot-bellied pig" is livestock for the purposes of Titles 6 and 17.

"Poultry" means domesticated fowl raised for meat or eggs. For the purposes of livestock keeping, "poultry" includes chickens (hens), pheasants, quail, doves, domestic turkeys and domestic hybrids of these species. For the purposes of livestock keeping, "poultry" excludes roosters, ducks, pigeons, guinea fowl, geese, peacocks, pea hens, guineas, chukars, grouse and all large fowl (e.g., ostriches, emus).

"Remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property.

"Rental unit" means sleeping accommodations with one individual bath and entrance, without cooking facilities, designed or used for lodging of guests for compensation.

"Repair", see "Maintenance."

"Residential transportation vehicle" means a car, truck, van or other vehicle driven by the occupants of the on-site residence for the purpose of personal transportation. "Residential transportation vehicle" includes vehicles used for both personal transportation and business uses, but excludes vehicles used solely for commercial purposes. Residential transportation vehicles do not include tractors, forklifts, dump trucks or similar vehicles that are not used for personal transportation to destinations off-site.

esidence for the purpose of personal transportation. "Residential transportation vehicle" includes vehicles used for both personal transportation and business uses, but excludes vehicles used solely for commercial purposes. Residential transportation vehicles do not include tractors, forklifts, dump trucks or similar vehicles that are not used for personal transportation to destinations off-site.

"Residential property" means any dwelling unit, except those dwelling units lawfully established as second units established pursuant to Chapter 17.55 of the Sonora Municipal Code or as part of a bed and breakfast inn, motel, hotel, timeshare development, or other transient use.

"Responsible tenant", means a person aged eighteen or older who has received notice of occupancy, parking and other limits that apply to the transient use parcel, and who has agreed to be responsible to ensure than impermissible or inappropriate behavior does not occur at the transient use parcel.

"Roominghouse" or "boardinghouse" means a building containing rental units designed or used for the lodging of three or more persons, with or without meals provided.

"Secretary of the Interior Standards" means those standards identified in the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects (36 Code of Federal Regulations 67), the Secretary of the Interior's Standards for Rehabilitation, and the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, with accompanying interpretive guidelines and as may be amended.

"Self-storage, indoor", means a structure consisting of individual, self-contained units leased for storage of business, commercial, or personal goods and belongings. A single self-storage, indoor facility will contain a variety of individual units inside a building that are rented out for the purpose of storing belongings. No retail sales are allowed from the individual units. One building per parcel shall be allowed with no outdoor storage permitted.

"Senior housing facilities" means a facility that provides housing for the elderly which includes services such as meals and laundry. These facilities may include live alone units as well as communal living where all meals are provided. The facilities also provide services for transportation to shopping and other activities. Some recreational and social events are provided on-site for the residents.

"Setback" means the distance from a parcel boundary or property line to the nearest exterior wall of a building.

"Setback line" means the line parallel to a property line at a distance from the property line equal to the yard requirement for structures at that location as specified in this title.

"Sign" means a structure or portion thereof and its support, located outdoors, and designed or used to attract the attention and communicate a specific message.

"Small family daycare home" means a home that provides family daycare for eight or fewer children, including children under the age of ten years who reside at the home. (Health and Safety Code Section 1596.78(c), as may be amended.)

"Small non-hoofed animal" means poultry or rabbits for the purposes of Section 17.77.020 (Livestock Keeping).

"State housing law" means California Health and Safety Code Division 13 (Housing), Part 1.5 (Regulation of Buildings Used for Human Habitation), Section 17910 et seq., as may be amended.

"Story" means part of a building between the level of any floor and the level of the floor next above, or the ceiling above in the case of the uppermost floor. A basement or cellar with a ceiling height of seven feet or more shall be considered a story if the vertical distance from ground level to ceiling exceeds the vertical distance from ground level to floor below. A mezzanine with a ceiling height of seven feet or more shall be considered a story if its floor area exceeds one-third of the floor area immediately below it.

"Half story" means the uppermost story with a floor area not exceeding two-thirds of the floor area immediately below it. An attic with a ceiling height of seven feet or more shall be considered a half story if its floor area exceeds one-third of the floor area immediately below it.

"Street" means any land permanently designed or used for the passage of vehicles, not for the exclusive access to one parcel, whether in public or private ownership. The Right-of-Way lines of such streets are those established by recorded subdivision maps, precise street plans, deeds or other instruments creating them. The Right-of-Way lines of streets created by use without instruments follow the limits of such use and its accessory drainage ways.

"Structure" means anything constructed or erected, requiring placement on or in the ground directly or by means of another structure and generally created primarily for purposes other than sheltering human activity.

"Transient" means a period of time less than thirty consecutive calendar days.

"Transient use" means the commercial use, by any person, or residential property for transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy is less than thirty consecutive calendar days.

"Transient use of residential property" and "transient use parcel" mean property occupied and used for transient or short-term rental purposes.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require termination of assistance and recirculating 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.

"Transmission line" means a power line of fifty thousand volts potential or over, sewer or water line of twelve inches inside diameter or over, a gas pipe of six inches inside diameter or over, or a toll telephone line.

"Tri-level senior community" means a community that provides progressive care for the elderly including all of the following: live alone, self-sufficient, units either in a single- family or multi-family residential structure, assisted living where some services are provided such as laundry, meals, and long-term care facilities that include full care including medical care and administration of medication.

"Use" means the purpose for which a parcel or structure is occupied, maintained, designed or intended.

"Wireless telecommunication facilities" means facilities that consist of commercial wireless communication systems, including but not limited to cellular, PCS, paging, broadband, data transfer, and any other type of

technology that fosters wireless communication through the use of portable electronic devices. A facility includes all supporting structures and associated equipment.

"Yard" means open space unoccupied from the ground level vertically to the sky on a parcel.

"Front yard" means the area between any contiguous street Right-of-Way and a line drawn parallel thereto at such distance therefrom as specified in this title for any zone, and extending between side parcel lines.

"Rear yard" means the area between the rear parcel line and a line drawn parallel thereto at such distance therefrom as specified in this title for any zone extending between side parcel lines.

"Side yard" means the area between each side parcel line and a line drawn parallel thereto at such distance therefrom as specified in this title, for any zone.

(Ord. 816, 2013; Ord. 814, 2012; Ord. 811, 2012; Ord. 808, 2012; Ord. 801, 2012; Ord.800, 2011; Ord. 613, 1985; Ord. 587, 1983; Ord. 376 § 10-1-4 (part), 1967; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 845 on 12/18/2017; Amended by Ord. 851 on 12/17/2018; Amended by Ord. 855 on 3/4/2019; Amended by Ord. 865 on 4/20/2020; Amended by Ord. 891 on 6/9/2023)

17.06 - Applicability

This title applies to all incorporated land within the boundaries of the city and to all land annexed to the city after the effective date of the ordinance codified in this title, immediately upon the effective date of annexation.

(Ord. 537 (part), 1980: Ord. 376 § 10-2-1, 1967.)

17.06.020 - Public Agencies

Except as otherwise specified in this title, this title applies to all agencies of the United States, any state, county, city and public district insofar as this title does not conflict with any valid law of the United States or the state. All required fees are waived for these agencies.

(Ord. 376 § 10-2-2, 1967.)

This title shall not be construed to reduce, annual or otherwise interfere with private easements, covenants or agreements; provided, however, that the provisions of this title shall govern whenever they are more restrictive.

(Ord. 376 § 10-2-3, 1967.)

Prior to and upon adoption of, any resolution which commences formal annexation proceedings, the council shall refer the zoning of the affected territory for report and recommendation of the planning

commission. The commission shall hold a public hearing on the matter, and report to the council its considerations and findings, making such recommendation for zone classification as it may agree upon by a majority vote of its membership. The council shall also hold a public hearing on the matter of zoning, which may be held in conjunction with any public hearing on the question of annexation. Following such hearing, and after receipt of the planning commission report, the council shall determine the proper zoning, and concurrently with the ordinance of annexation the council shall classify the annexed territory.

(Ord. 537 (part), 1980.)

The zones dividing the territory of the city in accordance with the provisions of Chapter 17.10 are designated and abbreviated as follows in order from the most restricted to the least restricted classification:

AR — Agricultural residential;

RE — Residential estates;

• R-1 — Single-family residential;

• R-2 — Limited multifamily residential;

• R-3 — Multifamily residential;

• CO — Tourist and administration;

C — Commercial;

CG — General commercial;

ML — Limited manufacture;

PD — Planned development.

(Ord. 455 § 2, 1973: Ord. 376 § 10-5-1, 1967.)

A.

Provisions of this title imposing regulations for a particular zone classification shall apply uniformly to all zones of that classification; provisions of Chapters 17.38 through 17.55 shall also apply to any particular zone wherever the specified circumstances exist, except when these provisions conflict with the zone regulations, then the more restrictive provisions shall apply.

B.

The use of lands and structures in each zone is limited to the uses listed in the zone regulations for that particular zone as allowed by right, and to the similar or accessory uses listed in resolutions adopted by the

commission as conforming to the purposes of such zone. Such uses may be carried out without a conditional use permit. Any use not so listed is unlawful in such a zone.

C.

Uses listed in Chapter 17.60 for a particular zone as allowed by a use permit, and the similar or accessory uses listed in resolutions adopted by the commission as conforming to the purposes of such zone, are unlawful in such zone unless a use permit therefor has been granted by the commission, and all terms and conditions of such permit have been complied with.

D.

Uses referred to in Chapters 17.12 through 17.32 include the structure ordinarily devoted to such uses.

E.

Failure to comply with the regulations for land and structures for a particular zone is unlawful, unless a variance therefor has been granted by the commission, and all terms and conditions of such variance have been complied with.

(Ord. 600 § 1, 1985; Ord. 376 § 10-5-2, 1967.)

All of the incorporated territory of the city is divided into areas known as "Zones" designated in Chapter 17.08 within which separate uniform regulations are imposed. The boundaries of these zones are shown and described on a map entitled "Zoning, City of Sonora." This map is made a part of the ordinance codified in this title. A copy of this map, showing all the current amendments thereof, shall be kept and may be consulted in the office of the building department.

(Ord. 376 § 10-2-4(A), 1967.)

Zone boundaries shown on the zoning map shall be further determined as follows:

A.

The boundary of a zone abutting the city limits shall be such limits.

B.

Where a zone boundary is shown as approximately following a property line, a section line, or the line of a legal subdivision of a section, or where such boundary is located not farther than fifteen feet from such lines, the zone boundary shall coincide with such lines.

C.

Unless otherwise shown, the boundary of a zone abutting a street, waterway, railroad, or similar Right-ofWay shall be the centerline of such Right-of-Way, and the side boundaries shall extend to the centerline normally to such Right-of-Way.

D.

In all other cases, the location of a zone boundary shall be determined by the use of the scale appearing on the map and of the surveys, records, and other documents necessary to clarify the description of land and boundaries shown on the map.

E.

Zone boundaries shall extend vertically upward and downward from the ground.

F.

Where a zone boundary divides a parcel under one ownership in existence prior to the effective date of the zone boundary and when not less than half the area of such parcel lies in the less restricted zone, the regulations for the less restricted zone shall apply to the remainder of such parcel up to a distance of not more than thirty feet.

G.

In case uncertainty exists on the location of a zone boundary, the commission, on request or on its own initiative, shall determine the exact location of such a boundary.

(Ord. 376 § 10-2-4(B), 1967.)

17.11 - OS - Open Space Zone

The OS zone is established in order to:

A.

Assure the continued availability of land for recreational use;

B.

Protect scenic qualities enhancing the rural and historic character; and

C.

Conserve sensitive wildlife habitats and riparian corridors.

(Ord. 713 § 1 (part), 1996.)

17.11.020 - Uses Allowed by Use Permit

In the OS zone, the following uses shall be permitted upon the granting of a use permit by the planning commission, pursuant to Chapter 17.62 of this code:

A.

Areas of land and water that are unimproved, undeveloped areas;

B.

Uses for the preservation of natural resources, such as areas required for plant or animal life preservation; areas required for ecological or other scientific purposes; streams and streamside habitat; and watershed lands;

C.

Uses for managed resource production, including rangeland; agricultural lands; streams important for management of commercial fisheries; and areas of mineral deposits;

D.

Uses devoted to outdoor recreation, including areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to streams; areas which serve as links between major recreation and open space reservations, including utility easements, banks of streams, trails, and scenic highway corridors;

E.

Uses promoting public health and safety, such as special management areas because of hazards present such as fault zones, flood plain, unstable soils, or high fire risk;

F.

Any other uses determined by the planning commission to be consistent with the open space provisions of the city general plan, and with the purposes of this chapter.

(Ord. 713 § 1 (part), 1996.)

Because of the unique nature of lands zoned OS, the land and structure regulations for areas so classified, with respect to minimum height and parcel size, density, yard setbacks, and parking and loading requirements shall be determined by the planning commission at such time as a use permit is considered pursuant to this chapter. (Ord. 713 § 1 (part), 1996.)

The city council finds and declares that this chapter is not intended, and shall not be construed, as authorizing the city to exercise its power to adopt, amend or repeal an open space zone in a manner which will take or damage private property for public use without the payment of just compensation therefor. This

section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States.

(Ord. 713 § 1 (part), 1996.)

The AR zone is established in order to:

A.

Protect the watershed, preserve steep lands in their natural states and provide open spaces;

B.

Preserve lands suited for eventual development, pending proper scheduling for the economical provision of utilities, streets, schools, recreation areas and other necessary facilities at the time demand warrants it;

C.

Provide lands for outdoor recreational uses and all types of agricultural activities such as raising crops, fruits and animals, providing they do not constitute a nuisance to adjoining properties;

D.

Provide for the development of single-family estates in areas served with limited utilities and facilities;

E.

Create conditions conducive to a desirable rural environment, protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area.

(Ord. 376 §10-5-3(A), 1967.)

In the AR zone, uses allowed by right are as follows:

A.

Agricultural use such as raising and grazing of livestock, poultry or other animals in accordance with Section 17.77.020; growing and harvesting of trees, fruits, vegetables, flowers, grains or other crops; storage, packing or processing of agricultural products produced on the property of products produced thereon; provided, that such uses are carried on by a resident of the property, are incidental to the residential use thereof, and are not a nuisance to the contiguous properties;

B.

One-family dwelling, one guesthouse, renting of not more than one room;

C.

One unlighted sign not over two square feet;

D.

Transient residential use of a single-family residential structure per parcel in conformance with Chapter 17.64.

(Ord. 814, § 3, 12-17-2012; Ord. 376 §10-5-3(B), 1967.; Amended by Ord. 824 on 2/2/2015)

In the AR zone, the land and structure regulations are as follows:

A.

Minimum parcel area: five acres;

B.

Minimum parcel area per dwelling unit: five acres;

C.

Maximum building coverage: none;

D.

Minimum parcel width: one hundred fifty feet;

E.

Minimum yard: dwelling, front, fifty feet; sides, twenty feet; rear, fifty feet;

F.

Maximum structure height: thirty-five feet, two stories. (Ord. 376 §10-5-3(C), 1967.)

The RE zone is established in order to:

A.

Provide for the development of single-family residences in outlying areas and areas having special topographic features, and to prevent a higher population density, requiring a higher level of services, or damaging to the natural appearance of an area;

B.

Create conditions conducive to a desirable low density suburban environment, and protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

C.

Provide for sufficient space to enable residents of the property to raise crops and fruits and keep animals in a limited and controlled manner so as to be in keeping with the residential character of the area.

(Ord. 376 §10-5-4(A), 1967.)

17.14.020 - Uses Allowed by Right

In the RE zone, uses allowed by right are as follows:

A.

One-family dwelling, one guesthouse, renting of not more than one room;

B.

Transient residential use of a single-family residential structure per parcel in conformance with Chapter 17.64.

(Ord. 814, § 3, 12-17-2012; Ord. 600 §2 (part), 1985; Ord. 376 §10-5-4(B), 1967.; Amended by Ord. 824 on 2/2/2015)

17.14.030 - Land and Structure Regulations

In the RE zone, the land and structure regulations are as follows:

A.

Minimum parcel area: one acre;

B.

Minimum parcel area per dwelling unit: one acre;

C.

Maximum building coverage: thirty-five percent;

D.

Minimum parcel width: one hundred feet;

E.

Minimum yards: front, twenty feet; sides, ten feet; rear, thirty feet;

F.

Maximum building height: thirty-five feet, two stories.

(Ord. 376 §10-5-4(C), 1967.)

17.16 - R-1 - Single-Family Residential Zone

The R-1 zone is established in order to:

A.

Provide for the development of single-family residences in areas feasibly served by utilities, streets, schools, recreation areas, and other necessary facilities;

B.

Create conditions conducive to a desirable residential environment, protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

C.

Insure light, air, privacy and usable open spaces for residential living, and freedom from traffic or fire dangers;

D.

Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations, and in harmony with the neighborhood.

(Ord. 376 §10-5-5(A), 1967.)

17.16.020 - Uses Allowed by Right

In the R-1 zone, uses allowed by right are as follows:

A.

One-family dwelling, one guesthouse, renting of not more than one room;

B.

Transient residential use of a single-family residential structure per parcel in conformance with Chapter 17.64.

(Ord. 600 §2 (part), 1985; Ord. 376 §10-5-5(B), 1967.; Amended by Ord. 824 on 2/2/2015)

17.16.030 - Land and Structure Regulations

In the R-1 zone, the land and structure regulations are as follows:

A.

Minimum parcel area: six thousand square feet;

B.

Minimum parcel area per dwelling unit: six thousand square feet;

C.

Maximum building coverage: thirty-five percent;

D.

Minimum parcel width: sixty feet;

E.

Minimum yards: front, ten feet; sides, ten percent of the parcel width or ten feet, whichever is less; rear, twenty feet;

F.

Maximum building height: thirty-five feet, two stories.

(Ord. 376 §10-5-5(C), 1967.)

17.18 - R-2 - Limited Multifamily Residential Zone

The R-2 zone is established in order to:

A.

Provide for the development of duplexes and other types of residences, and multifamily dwellings in garden apartments, in areas properly located in relation to commercial and other residential areas, and where utilities, streets, schools, recreation areas and other necessary facilities can feasibly serve a medium population density;

B.

Create conditions conducive to a desirable residential environment, protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

C.

Insure light, air, privacy and usable open spaces for residential living and freedom from traffic or fire dangers;

D.

Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations, and in harmony with the neighborhood.

(Ord. 376 §10-5-6(A), 1967.)

17.18.020 - Uses Allowed by Right

In the R-2 zone, uses allowed by right are as follows:

A.

One-family or multifamily dwelling having a ground level access for each dwelling unit up to a maximum of four dwelling units per building, roominghouse or boardinghouse;

B.

Public park or playground, golf course;

C.

Transient residential use of a single-family residential structure per parcel in conformance with Chapter 17.64.

(Ord. 600 §2 (part), 1985; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-6(B), 1967.; Amended by Ord. 824 on 2/2/2015)

17.18.030 - Land and Structure Regulations

In the R-2 zone, the land and structure regulations are as follows:

A.

Minimum parcel area: five thousand square feet;

B.

Minimum parcel area per dwelling unit: four thousand square feet;

C.

Maximum building coverage: fifty percent;

D.

Minimum parcel width: fifty feet;

E.

Minimum yards: front, ten feet; sides, ten percent of the parcel width or ten feet, whichever is less; rear, fifteen feet;

F.

Maximum building height: thirty-five feet, two stories.

(Ord. 376 §10-5-6(C), 1967.)

17.20 - R-3 - Multifamily Residential Zone

The R-3 zone is established in order to:

A.

Provide for the development of multifamily dwellings in apartments in areas properly located in relation to commercial and other residential areas, and where utilities, streets, schools, recreation areas and other necessary facilities can feasibly serve a high population density;

B.

Create conditions conducive to a desirable residential environment;

C.

Protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

D.

Insure light, air, privacy and usable open spaces for residential living and freedom from traffic or fire dangers;

E.

Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations, and in harmony with the neighborhood.

(Ord. 376 §10-5-7(A), 1967.)

In the R-3 zone, uses allowed by right are as follows:

A.

One-family or multifamily dwelling with no limitation on the number of dwelling units;

B.

Public park or playground, golf course;

C.

Roominghouse or boardinghouse;

D.

Transient residential use of two residential units per parcel in conformance with Chapter 17.64;

E.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities;

F.

Emergency shelter with sixteen or less beds, however, emergency shelters are prohibited from operating within three hundred feet of any other emergency shelter, school, youth center, or daycare. City must be provided verification of property insurance.

(Ord. 600 §2 (part), 1985; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-7(B), 1967.; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 865 on 4/20/2020)

17.20.030 - Land and Structure Regulations

In the R-3 zone, the land and structure regulations are as follows:

A.

Minimum parcel area: five thousand square feet;

B.

Minimum parcel area per dwelling unit: two thousand square feet;

C.

Maximum building coverage: fifty percent;

D.

Minimum parcel width: fifty feet;

E.

Minimum yards: front, ten feet; sides, five feet; rear, ten feet; for all yards: five feet, additional for each story in excess of two;

F.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 524 §3, 1979; Ord. 376 §10-5-7(C), 1967.)

17.22 - CO - Tourist and Administrative Zone

The CO zone is established in order to:

A.

Provide the land necessary to serve the vacationers and travelers, recognizing the importance of the tourist industry to the economy of the city;

B.

Provide for the development of lodging facilities in areas properly located in relation to residential and commercial areas, and to the demand for such facilities;

C.

Create conditions conducive to a harmonious residential or resort environment desirable to tourists; protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing properly located areas of lodging facilities, and limit the continuance of such uses in existence in these areas;

D.

Provide for properly planned accessory eating and drinking establishments, and other related services and commercial uses.

(Ord. 376 §10-5-8(A), 1967.)

In the CO zone, uses allowed by right are as follows:

A.

One-family or multifamily dwelling with no limitation on the number of units, roominghouse or boardinghouse;

B.

Motel, hotel, bed and breakfast;

C.

Public park or playground, golf course;

D.

Offices, clubs and associations, churches, clinics, hospitals, banks and similar uses having compatible bulk, use nuisance value, and outward appearance, as determined by the planning commission;

E.

Transient residential use in conformance with Chapter 17.64;

F.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities;

G.

Eating and drinking establishment;

H.

Retail: New and used when fully enclosed in a building.

(Ord. 600 §2 (part), 1985; Ord. 527 §1, 1979; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-8(B), 1967.; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 857 on 7/15/2019)

17.22.030 - Land and Structure Regulations

In the CO zone, the land and structure regulations are as follows:

A.

Minimum parcel area: four thousand square feet;

B.

Minimum parcel area per dwelling unit or rental unit: two thousand square feet for each unit; except for motels and hotels, one thousand square feet for each guest unit;

C.

Maximum building coverage: fifty percent;

D.

Minimum parcel width: thirty feet;

E.

Minimum yards: front, ten feet; sides, five feet; rear, ten feet; for all yards: five feet, additional for each story in excess of two; for hospitals the minimum yard shall be five feet on sides and rear, except that a hospital may be constructed on the property line if the wall is a fireproof one without openings;

F.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 527 §2, 1979; Ord. 524 §1, 1979; Ord. 376 §10-5-8(C), 1967.)

17.24 - C - Commercial Zone

The C zone is established in order to:

A.

Provide the land necessary for retail sale and services, entertainment and other light commercial activities to serve the residents of the community;

B.

Provide for the development of commercial facilities concentrated in well planned areas properly located in relation to access, topography and residential areas;

C.

Create conditions conducive to a convenient and desirable environment for customers and employees, and protect it from the encroachment of objectionable or dangerous uses and uses which could be located in areas less suited for light commercial activities.

(Ord. 376 §10-5-9(A), 1967.)

In the C zone, uses allowed by right are as follows:

A.

Professional or business office, studio, place of entertainment, and new and used retail sale when fully enclosed in a building; eating or drinking establishment; retail service, exclusive of automobile sale or service;

B.

Multifamily dwelling above ground level with no maximum limitation of number of units, motels and hotels, bed and breakfasts; all subject to all land and structure regulations of the CO zone;

C.

Place of worship and accessory social activities;

D.

Park, playground, golf course;

E.

Club or association;

F.

Hospital, dispensary, clinic;

G.

Public utility structure, fire station;

H.

(Repealed by Ord. 600);

I.

Mixed residential and commercial use, in a single story structure, provided the structure is in existence as of the effective date of the ordinance codified in this chapter; that it is impracticable or impossible to separate the uses by floor; that the residential and commercial uses are separated pursuant to the building code and have separate entrances; and, that parking be provided for the residential use separate and apart from the commercial use;

J.

Transient residential use in conformance with Chapter 17.64;

K.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities.

(Ord. 600 §2, 1985; Ord. 585, 1983; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-9(B),1967.; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 857 on 7/15/2019)

17.24.030 - Land and Structure Regulations

In the C zone, the land and structure regulations are as follows:

A.

Minimum parcel area: four thousand square feet;

B.

Maximum building coverage: eighty percent;

C.

Minimum parcel width: thirty feet;

D.

Minimum yards: sides and rear, five feet or on the property line if fireproof wall without opening;

E.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 524 §2, 1979; Ord. 376 §10-5-9(C), 1967.)

17.26 - CG - General Commercial Zone

The CG zone is established in order to:

A.

Provide the land necessary for wholesale, bulk storage, industrial services, processing, packing and other heavy commercial activities to serve the community, and provide employment and income for its residents;

B.

Provide for the development of heavy commercial service facilities, concentrated in well planned areas properly located in relation to utilities, access, topography, and residential uses;

C.

Create conditions conducive to a convenient and desirable working environment, control the objectionable or dangerous effects of certain uses necessary in the community but detrimental to other areas, and protect the areas designated under this zone against the encroachment of uses which could be better located in areas less suited for heavy commercial activities.

(Ord. 376 §10-5-10(A), 1967.)

17.26.020 - Uses Allowed by Right

In the CG zone, uses allowed by right are as follows:

A.

Bulk storage, wholesale, packing, truck, bus, taxi, or rail terminal;

B.

Processing, services or research, provided that no odor, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, radioactive or waste material is produced or emitted beyond the confines of the property onto contiguous properties or into the air or watercourses, to an extent constituting a nuisance, and provided it does not constitute a physical hazard to persons or properties beyond the confines of the property by reason of fire, explosion, or similar cause;

C.

Animal clinic or shelter;

D.

Gas station, new and used automobile sale and service;

E.

Church or other places used exclusively for religious worship;

F.

One dwelling for caretaker, watchman or person primarily employed on the property and his immediate family;

G.

Office, bank or retail sales;

H.

Public utility structure, fire station;

I.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities;

J.

Eating and drinking establishment;

K.

Motel, hotel;

L.

Clubs or associations, clinics, hospitals, dispensary;

M.

Studio, place of entertainment, shopping center, theater.

(Ord. 600 §2, 1985; Ord. 376 §10-5-10(B), 1967.; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 857 on 7/15/2019)

In the CG zone, the land and structure regulations are as follows:

A.

Minimum parcel area: four thousand square feet;

B.

Maximum building coverage: sixty percent;

C.

Minimum parcel width: sixty feet;

D.

Minimum yards: front, ten feet; sides and rear, five feet or on the property line if fireproof wall without opening;

E.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 812, § 1, 9-17-2012; Ord. 376 §10-5-10(C), 1967.)

17.28 - ML - Limited Manufacturing Zone

The ML zone is created in order to allow for workshops and other places of hobby, employment and manufacturing which may create noise, odors or other nuisances which would be detrimental to residential or business environments or to the historic character of the established portions of the city preexisting 1967.

(Ord. 376 §10-5-11(A), 1967.)

17.28.020 - Uses Allowed by Right

In the ML zone, uses allowed by right are as follows:

A.

Any use permitted in other zoning districts of Sonora, except residential;

B.

Manufacturing, limited to such activities as will produce no air or water pollution, or otherwise endanger public health or safety;

C.

Billboards or other signs advertising products or services not produced or sold on the premises where such signs may be located;

D.

Self-storage, indoor.

(Ord. 376 §10-5-11(B), 1967.; Amended by Ord. 855 on 3/4/2019)

In the ML zone, the maximum building height is thirty-five feet.

(Ord. 376 §10-5-11(C), 1967.)

The PD zone (planned development zone) is established in the city. This zone is established and designed to accommodate various types of developments such as neighborhood and district shopping centers, professional and administrative areas, multiple-housing developments, single-family residential developments, commercial service centers and industrial parks or any other use or combinations of uses which can be made appropriately a part of a planned development.

(Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(A), 1967.)

The specific regulations set forth in this chapter and the general rules set forth in Chapters 17.08 and 17.12 through 17.34 shall apply in all PD zones, except that where conflict in regulations occurs, the regulations specified in this chapter shall apply.

(Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(B), 1967.)

In a PD zone, any and all uses are permitted, provided such use or uses are shown on the development plan for the particular PD zone as approved in conformance with this chapter.

(Ord. 537 (part), 2980: Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(C), 1967.)

Prior to the issuance of the building permit for construction of buildings in a PD zone, the working plans and specifications shall be checked and approved by the building department to assure compliance with the terms and conditions of approval by the council. No construction permits shall be issued unless the PD zone has been finally adopted and a development plan has been approved for such PD zone.

(Ord. 537 (part), 1980: Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(D), 1967.)

Maximum height and bulk, and minimum lot size, density, setback, yard, parking and loading requirements shall be established for each PD zone by the development plan approved by the council.

(Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(E), 1967.)

No planned development zones shall be approved for an area of less than one acre.

(Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(F), 1967.)

PD zones may be established or removed from the zoning map upon the application of a property owner or owners or upon the initiative of the council or planning commission in accordance with the procedures set forth in Chapter 17.68 for amendments. An application to establish a PD zone shall require submission by the applicant of a development plan and schedule in conformity with this chapter along with fees as adopted by resolution. When initiated by the city, such PD zone proposal shall include a policy statement, prepared in accordance with this chapter, in lieu of a development plan and schedule. No development plan shall be adopted pursuant to a city-initiated PD zone unless it is in conformity with the adopted policy statement. Any development in a PD zone shall be subject to the requirements of this chapter and shall be in conformity with the requirements of the development plan adopted for such PD zone.

(Ord. 537 (part), 1980: Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(G), 1967.)

17.30.80 - Development Plan

A.

An application for a PD zone shall be made to the commission and shall include and be accompanied by a development plan. The PD zone, when adopted, shall become a part of the zoning map of the city as provided for in Chapter 17.10 and the development plan for such PD zone shall be adopted by resolution of the planning commission.

B.

Any changes in the development plan which involve uses shall be made in accordance with the procedures set forth in Chapters 17.62 through 17.66, and 17.70.

C.

If changes are proposed to the development plan which do not involve new uses, the building department shall have the power to approve such changes, provided that they conform in principle to the approved development plan. If, in the opinion of the building department, the changes do not conform in principle to the approved development plan, such changes shall be referred to the planning commission for decision.

D.

The development plan shall include:

1.

A map showing any street system and lot design proposed within the zone. Any areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and other uses must be shown. Compliance with this requirement shall not be construed to relieve the applicant from compliance with the subdivision regulations or any other applicable regulations of the city.

2.

A plot plan for each building site or sites in the proposed PD zone or any portion thereof as required by the planning commission. A plot plan shall show the approximate location of all proposed buildings, indicating maximum and minimum distances between buildings, and between buildings and property or building site lines.

3.

Elevations and/or perspective drawings of all proposed structures except single-family residences and their accessory buildings. Such drawings need not be the result of final architectural decisions and need not be in detail. The purpose of such drawings is to indicate, within stated limits, the height of proposed buildings and the general appearance of the proposed structures to the end that the entire development will have architectural unity and be in harmony with surrounding developments.

4.

Any or all of the following plans, studies and diagrams may also be required, as determined by the city engineer, to be included on the plot plan or appended thereto:

a.

Off-street parking and loading plan;

b.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the PD zone and to and from adjacent public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern shall be shown;

c.

Landscaping and tree planting plan;

d.

A map showing the topography of the proposed zone to engineering standards of scale, contour intervals and detail;

e.

An economic feasibility report or market analysis;

f.

A preliminary grading plan prepared by a registered civil engineer on projects anticipating appreciable amounts of grading.

(Ord. 537 (part), 1980; Ord. 455 §1 (part), 1973; Ord. 376 §19-5-13(H), 1967.)

A.

An application for a PD zone shall be accompanied by a development schedule indicating to the best of the applicant's knowledge the approximate date when construction of the project can be expected to begin, the anticipated rate of development, and the completion date. The development schedule for an application to prezone a PD zone shall indicate the approximate time period, after the property is annexed to the city and the PD zone becomes effective, when construction of the project can be expected to begin, the anticipated rate of development, and the anticipated time to completion. The development schedule, if approved by the council, shall become part of the development plan and shall be adhered to by the owner of the property in the PD zone and his successors in interest. The city shall require posting of cash, a savings and loan certificate, or a performance bond issued by a corporate surety company in an amount to be determined by the city engineer to cover the cost of public improvements adjacent to the proposed development prior to the issuance of the building permit for the first phase of construction.

B.

From time to time, the planning commission shall compare the actual development accomplished in the various PD zones with the approved development schedules.

C.

If the owner or owners of property in PD zones have failed to meet the approved development schedule, the commission shall initiate proceedings under Chapter 17.68 to repeal the PD zone and rezone the property to the zone classification it held immediately prior to being zoned PD.

D.

Upon request of the property owner and for good cause shown, the planning commission may extend the time limits of the development schedule; provided that any requests for an extension of these limits shall be on file in the office of the planning commission at least thirty days prior to the expiration of any time limit required by the development schedule. Any person dissatisfied with the decision of the planning commission may appeal to the council in accordance with the procedures set forth in Chapter 17.62.

(Ord. 537 (part), 1980; Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(I), 1967.)

A.

A preliminary development plan may be submitted by an owner, at his option, to the planning commission for the purposes of receiving an advisory opinion on the land use, density and other items being proposed. Such preliminary development plan shall be clearly labeled preliminary and shall include a location plan, plot plan showing the approximate location of buildings, building sizes and use, parking areas, circulation and may include any special features being proposed. Such plan shall be of sufficient scale and accuracy to clearly show the intentions of the owner.

B.

A preliminary development plan shall be accompanied by an application and fees equivalent to one-half the fees normally required for planned developments. Such application and fees shall entitle the applicant to one hearing before the planning commission and one advisory opinion of the land use and density proposed.

C.

An advisory opinion of the planning commission issued on a preliminary development plan shall not be construed as approval or disapproval of the project. The purpose of the advisory opinion shall be to provide assistance and advice to the owner in the preparation of a formal proposal.

(Ord. 537 (part), 1980.)

A.

When a PD zone is initiated by the city, the PD zone proposed shall be accompanied by a policy statement. The PD zone, when adopted, shall become a part of the zoning map of the city as provided for in Chapter 17.10 and the policy statement for such PD zone shall be adopted by resolution of the council.

B.

Any changes in the policy statement shall be made in accordance with procedures set forth in Chapter 17.68 for amendments.

C.

The policy statement shall include:

1.

A description of the area to be zoned PD with sufficient accuracy to be located on the city zoning map;

2.

A general description of the location, terrain and characteristics of the area;

3.

A statement of any particular or unusual characteristics, features, problems or circumstances which make the PD zone the appropriate zone;

4.

A statement of the goals or reasons why the PD zone is established;

5.

A resolution of the permitted land use, density, restrictions and standards under which any projects proposed within the zone shall conform.

(Ord. 537 (part), 1980.)

Each PD zone shall be numbered, the first adopted being shown on the zoning map as PD(1), and each zone subsequently adopted being numbered successively. Each PD zone adopted with a policy statement shall be indicated on the zoning map as a PD zone with the resolution number of the adopted policy statement.

(Ord. 537 (part), 1980: Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(J), 1967.)

The areas excluded from PD zoning are those designated "D," design review zones, established by procedures set forth in Chapters 17.32 and 17.68.

(Ord. 600 §3, 1985: Ord. 455 §1 (part), 1973; Ord. 376 §10-5-13(K), 1967.)

17.31 - PD - Planned Development Combining Zone

The planned development combining zone is created in order to provide for the efficient and economical usage of existing buildings, structures and land within developed areas of the city, while substantially preserving the character of the primary zoning district in which such building, structure or land is located. It is intended that the: PD zone be combined with other primary zoning districts in order to allow for minor flexibility in the enforcement of land use, land and structure regulations of the primary zoning district for projects which have special features beneficial to the city or its residents and property owners. It is further intended that the: PD zone be utilized for developed properties of less than one acre, and for properties fully or partially developed in accordance with an overall development plan under Chapter 17.30 of this title.

(Ord. 572 (part), 1972.)

Uses allowed by right are all of those uses which are allowed by right in the underlying zone (primary zone) with which the planned development combining zone is combined. Where properties are partially or fully developed under Chapter 17.30 of this title, they shall first be zoned to the primary zoning district they most

nearly resemble, and be subject to the permitted uses, conditions, and requirements of its adopted development plan pursuant to Chapter 17.30 of this title.

(Ord. 572 (part), 1982.)

Notwithstanding other provisions of this code to the contrary, the following uses may be permitted subject to conditions and requirements as determined by the planning commission and city council in issuance of a planned development permit:

A.

Condominiums, stock cooperatives, community apartments, and other undivided-interest projects with exclusive occupancy provisions;

B.

Condominium conversions of residential and commercial properties;

C.

Mixed land-use projects where more than fifty percent of the building, structure, or land is devoted to a use permitted by the primary zoning district;

D.

Projects of similar burden of use than uses which would be permitted in the primary zoning district, as determined by the planning commission;

E.

Projects of substantial public improvement or substantial economic or cultural benefit to the city, its residents, business community and property owners in the opinion of the planning commission and city council.

(Ord. 572 (part), 1982.)

Terms, conditions, provisions, limitations, restrictions and requirements normally imposed on a planned development permit may be more or less restrictive than those required in the underlying zone. Such conditions and requirements shall be designed to protect and maintain property values and community amenities in the subject area, and foster and maintain the health, safety and general welfare of the city, its property owners and residents.

(Ord. 512 (part), 1982.)

A.

When combined with a primary zone, all land and structure regulations of the underlying primary zone shall apply, unless specifically modified by the approved planned development permit. Such modifications may only include modifications to the following items:

1.

Minimum parcel area;

2.

Maximum building coverage;

3.

Minimum parcel width;

4.

Minimum yards and setbacks;

5.

Maximum building height;

6.

Parking requirements.

B.

Maximum residential density shall remain as permitted in the underlying zone. (Ord. 572 (part), 1982.)

The provisions of this chapter do not supersede other regulations of this code unless specifically indicated, nor other federal, state or local regulations and ordinances.

(Ord. 572 (part), 1982.)

Planned development combining zones may be established upon application of a property owner or upon the initiative of the planning commission or city council in accordance with procedures set forth in Chapter 17.68 for amendment of zoning. An application to combine a planned development zone with an underlying zone shall require submission by the applicant of a development plan in accordance with Section 17.30.080 and other appurtenant data, along with fees as adopted by resolution of the city council. Where the project is combined with applications for a tentative subdivision map or design-review historic zone, consideration of these matters may be processed concurrently.

(Ord. 572 (part), 1982.)

A.

Upon completion of a final determination of the planned development combining zone by the city council, a planned development permit specifying the terms, conditions, provisions, limitations, restrictions and requirements of the project will be issued for the project by the building official upon application. No building permit may be issued for the project unless such building permit plans are in accordance with all elements of the planned development permit.

B.

Where specific terms, conditions, provisions, limitations, restrictions and requirements have not been specified in the rezoning process, or where modifications or changes are requested to the project or conditions and requirements, the planned development permit shall be considered by the planning commission under the procedures specified under Chapter 17.62 of this title.

C.

Minor changes not involving specific terms, conditions, provisions, limitations, restrictions and

requirements of the planned development permit and not involving new uses may be made upon written approval of the building official.

(Ord. 572 (part), 1982.)

17.32 - Design Review[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, amended Ch. 17.32 in its entirety. The former chapter pertained to design review/historic zone and all prior derivations are maintained in the history notes, except for Ord. 553, 1981.

The purpose of design review is to:

A.

Preserve the buildings and character of those areas of the city which are either historic in nature or are close to historic structures.

B.

Promote the harmonious appearance of structures in other parts of the town which are not of a historic character.

C.

Protect and enhance the historic gold rush period architecture, 1852 to 1900, in the historic area.

D.

Establish design elements which are compatible with those and other areas of the city having special aesthetic interest.

E.

Establish a method for determining compliance with this title and to promote the orderly development of the city, the stability of land values and investments, and the general welfare, by preventing the impairment of land values through the erection of structures, or alterations, or additions without proper attention to compatibility of design.

F.

Ensure building design that encompasses the unifying values of human scale and the use of natural materials and their role in preserving character and avoid out-of-scale or incompatible design.

G.

Maintain a tradition of architectural diversity that enhances the character of the commercial districts.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 1, 1989; Ord. 569 § 2, 1982; Ord. 525 § 4, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

17.32.020 - (Reserved)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.020, which pertained to uses allowed by right and derived from Ord. 808 §2 (part), 2012; and Ord. 525 § 3, 1979.

17.32.030 - Designation of Design Review Boundary

The requirements of this chapter shall apply to:

A.

All property within the commercial zone, general commercial zone, limited manufacturing zone and tourist and administrative zone, and

B.

Historic area: All property within an area bounded on the north by Elkin Street, on the south by Church Street, on the east by the centerline of Stewart Street and on the west by the centerline of Green Street. For the purposes of this chapter, the above described area shall also be known as the "historic area."

(Ord. 808 § 2 (part), 2012; Ord. 647 § 1, 1989; Ord. 569 § 2, 1982; Ord. 5 25 § 4, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.040, which pertained to planning commission serving as the design review/historic committee and derived from Ord. 808 §2 (part), 2012; Ord. 569 § 3, 1982; and Ord. 525 § 5, 1979.

A.

Each applicant for a building permit which would authorize new construction, or exterior alterations, additions or modifications of any building or structure, or part thereof within the design review boundary shall first obtain approval of the building plans and materials for the proposed exterior changes from the planning commission. An applicant for new construction or exterior alterations, additions or modifications shall furnish complete elevation details (i.e., drawings of the building exterior) and specifications, plot plan, and such other information as the planning commission may require.

B.

Nothing in this section shall be construed to require design review approval by the planning commission, in the following situations:

1.

Ordinary maintenance or repairs of any such structure which does not involve a change in design, exterior material or original appearance of a structure;

2.

Any construction, reconstruction, alteration, or removal of any feature, or appurtenance which has been determined by the city building official to be necessary to protect health or safety;

3.

New single family residential construction.

4.

Any exterior alterations, additions or modification of any single family residence less than fifty years of age.

5.

Any construction, reconstruction, alteration or removal of an awning or roofing material provided that such awning or roofing material is aesthetically, architecturally, and historically appropriate as determined by the community development director.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 4, 1982; Ord. 558, 1981; Ord. 549, 1981; Ord. 525 § 6, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.060 - Considerations - Gold Rush or Mother Lode Architecture - Inventory of Historical Structures

A.

When considering the approval of plans for a building which is itself a historic structure, or is adjacent to a historic structure, the planning commission shall consider its conformity with the features found either on the original building or on those typical of the period in which the structure was constructed. The following structures are deemed to have historical significance and are typical, in design features, of buildings which exemplify "Gold Rush or Mother Lode" architecture of the 1852-1900 period:

1.

77 N. Washington Street;

2.

First level, 132 N. Washington Street;

3.

84 N. Washington Street;

4.

Upper level, northwest corner of N. Washington and Dodge;

5.

51 N. Washington Street;

6.

23 N. Washington Street;

7.

21 N. Washington Street;

8.

38 N. Washington Street:

9.

24 N. Washington Street:

10.

139 S. Washington Street;

258 S. Washington Street;

286 S. Washington Street;

13.

64 S. Washington Street.

B.

In any review of the exterior features of a proposed new structure or remodeling, the planning commission shall be guided by the features found in the above listing, and by design guidelines as may be adopted by resolution of the city council. The design and exterior materials of construction shall reflect the traditional architectural characteristics of the community, blend with the adjacent neighborhood, or be consistent with any applicable design standards in the general plan or as provided in this title. Any new structure which is adjacent to historic buildings shall be designed to be compatible with its neighboring buildings.

(Ord. 808 § 2 (part), 2012; Ord. 767, 2004.; Amended by Ord. 860 on 10/7/2019)

In addition to the provisions of Section 17.32.060, the following activities within the design review boundary shall first obtain approval from the planning commission:

A.

Sandblasting of all masonry surfaces on buildings or structures fifty years or older;

B.

The placement of nonresidential manufactured or modular buildings.

C.

Accessory structures, which are in excess of one hundred twenty square feet and require a building permit.

D.

Murals, defined as the temporary or permanent application of a picture, illustration, scene, depiction, or graphic representation, either painted or applied through other media or materials, directly on a wall or on panels attached to walls. Murals are considered an integral part of the architectural theme, and primarily are not intended to direct attention to products, goods, services, events or entertainment, and are therefore considered to be public art, and not signs. Mural sponsor and artist names may be incorporated but shall be discreet and not exceed five percent of the design. The mural shall have a weatherproof and vandalismresistant coating. The mural must be properly maintained to ensure that material failure is corrected and vandalism removed promptly. The maintenance of the mural will be the responsibility of the property owner. Review criteria to include:

The installation of the mural shall complement and enhance the building and be incorporated architecturally into the building facade.

2.

The location of the mural on the building shall not cover or detract from significant or character-defining architectural features.

3.

Murals shall enhance and complement the character of the surrounding neighborhood.

4.

The scale of the mural shall be appropriate to the building and the site.

5.

The mural shall be an original design.

6.

Preference shall be given to murals with a subject matter having an historic/cultural theme reflecting the history and background of the city and/or Tuolumne County.

7.

Qualifications of the mural artist, paint and/or other media or materials to be utilized.

(Ord. 808 § 2 (part), 2012; Ord. 744 § 1, 2000; Ord. 736, 1998; Ord. 693 § 1, 1994; Ord. 676 § 1, 1992.; Amended by Ord. 860 on 10/7/2019; Amended by Ord. 891 on 6/9/2023)

When considering the plans for a structure which is outside the historic area, the following shall be considered by the planning commission:

A.

All structures shall be in good proportions; have simplicity of mass and detail and shall not be inharmonious with the other buildings in the city of like class and type; there shall be an appropriate and fitting use of materials; colors shall be in good taste and never harsh or garish, but in harmony with themselves and their environment.

B.

The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed by the community development department. Signs within the historic area shall be reviewed by the community development department in accordance with the requirements of Section 15.28.165. No signs shall be approved in excess of the limits or requirements of any ordinance of the city without prior approval of the planning commission as per Section 15.28.440.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 7 (part), 1979.; Amended by Ord. 860 on 10/7/2019)

Applications for design review approval shall be submitted to the community development department on forms provided by the city for that purpose. Such applications shall be accompanied by a fee as adopted by resolution by the city council.

(Ord. 808 § 2 (part), 2012; Ord. 600 § 4 (part), 1985; Ord. 525 § 8, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.090 - Design Approval - Plans - Decision of Planning Commission

The planning commission may approve or disapprove all or any part of plans or may approve subject to specified changes, additions or conditions. Disapproved plans may be resubmitted, after revision or correction, without payment of additional fee by applicant.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 6, 1982; Ord. 525 § 9, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.100 - Appeals

Any appeal from a decision of the planning commission shall be filed as follows: by filing a notice of appeal in writing, along with the one hundred dollar appeals fee, to the community development department, prior to the close of the tenth day following the day of action of the planning commission. Any notice of appeal shall set forth specific grounds upon which the appeal is taken and shall be signed by the person or persons appealing. Either the applicant or proponent or any interested person may appeal a decision of the planning commission. Such decision becomes final if an appeal is not filed within the time herein specified.

(Ord. 808 § 2 (part), 2012; Ord. 600 § 4 (part), 1985; Ord. 525 § 10, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.110 - Appeals - Placed on City Council's Agenda

Upon the filing of such appeal, the city clerk shall place the appeal on the agenda of the next regular meeting of the city council.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 11, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.120 - Appeals - Determination by City Council

At the time set for hearing the appeal, the city council shall proceed to hear and determine the same. The hearing may be continued, at the discretion of the city council, in order to obtain further facts or hear further witnesses. Any determination by the city council shall be final and conclusive and not subject to further appeal.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 12, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

17.32.130 - (Reserved)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.130, which pertained to secretary/community development director and derived from Ord. 808 §2 (part), 2012; and Ord. 525 § 13, 1979.

A.

Specific Plan Area. The Sonora Commercial Specific Plan Area is an approximately 12.91 acre site located in the City of Sonora in Tuolumne County, California on the southeast corner of Old Wards Ferry Road and Sanguinetti Road (Figures 1 and 2). Regional access to the specific plan area is provided from State Routes (SR) 108 and 49. The specific plan area is bounded by Sanguinetti Road, the Crossroads Plaza, and freestanding stores associated with the Sonora Crossroads to the north; SR-108 and undeveloped land to the south; stores and parking areas in the Sonora Crossroads to the east; and Old Wards Ferry Road, the Crossroads Plaza and undeveloped land to the west. The undeveloped land to the south of the specific plan area is located in unincorporated Tuolumne County, is zoned exclusive agricultural, 37-acre minimum (AE37)/open space (O-1) and is entitled to be developed as a law and justice center. The undeveloped land to the west of the specific plan area is within the city limits, is zoned general commercial (GC) and is entitled to be developed as a Lowe's Home Improvement Warehouse.

B.

Purpose of the Specific Plan. A specific plan is a combination policy statement and implementation tool that can be used to address the unique needs of a particular area of a city or county. As a result, emphasis is on concrete standards and development criteria for use in the submission and review of subsequent development plans and permits. The California Government Code permits the use of specific plans to regulate site development, including permitted uses such as density, building size, and placement. Specific plans also govern the landscaping and roadways, as well as the provision of infrastructure and utilities. Since the development guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

The purpose of the Sonora Commercial Specific Plan is to assist in the development of the site in a manner that will benefit local shoppers, the general public, and the City of Sonora. The specific plan accomplishes these purposes by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in development of the specific plan area. The customized development regulations contained in the specific plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site. These efforts area intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards.

As used herein, the term "developer" shall mean the current fee title holder of the Sonora Commercial Specific Plan area.

C.

Project Objectives. The objectives of the Sonora Commercial Specific Plan are as follows:

1.

Promote economic growth and development that is consistent with the policies of the City of Sonora General Plan.

2.

Provide development that maximizes the specific plan area's use potential in a manner consistent with the City of Sonora General Plan.

3.

Generate sales tax and property tax revenues to accrue to the various agencies within the specific plan area.

4.

Solidify Sonora's position as the regional shopping destination for Tuolumne and Calaveras Counties.

5.

Provide regional commercial retail activities that would complement existing local retail activities.

6.

Create additional employment opportunities for local area residents.

7.

Expand and upgrade an existing retail facility to provide a modern and energy efficient facility to serve local residents and visitors with essential goods and services and daytime and nighttime shopping opportunities in a safe and secure environment.

8.

Minimize travel lengths and utilize existing infrastructure to the maximum extent possible by expanding and revitalizing an existing retail store located within a larger regional retail node.

D.

Authority. The Sonora Commercial Specific Plan has been prepared in accordance with Government Code Sections 65450 et seq. and 66450 et seq. and will constitute the zoning for the specific plan area. Land use standards and regulations contained within this document shall govern future development within the boundaries of this specific plan.

The Sonora Commercial Specific Plan provides a framework for development of the specific plan area. The specific plan provides guidance for the review of specific development proposals and is the city's reference document for determining permitted uses, intensity of use, and development standards and requirements.

The specific plan defines objectives, as well as regulations and requirements for development of the Sonora Commercial Specific Plan area.

E.

General Requirements.

1.

General Plan Consistency. Implementation of the Sonora Commercial Specific Plan is intended to carry out the goals and policies contained in the City of Sonora General Plan, as amended, in an orderly and attractive fashion. Development within the Sonora Commercial specific plan area shall, therefore, be consistent with the provisions of the City of Sonora General Plan.

The Sonora Commercial specific plan implements the general plan by:

a.

Expanding shopping opportunities within a well-established retail node in the City of Sonora in an area that supports urban development and is currently served by urban infrastructure and services.

b.

Promoting a functional development pattern and land use compatibility by providing additional retail opportunities that would be consistent with the land use designations of the specific plan area and surrounding commercial areas.

c.

Creating a commercial area that is designed to protect the public, existing and planned land uses, and the environment from natural and development hazards.

d.

Enhancing the quality of life by offering expanded retail opportunities, creating new jobs and increasing the tax base while incorporating measures to mitigate impacts on the environment.

e.

Providing retail shopping opportunities outside a strip commercial development and within a planned, group concentration to promote integrated, rather than scattered, visitor- serving commercial developments.

f.

Minimizing the visual impact of parking areas from public transportation routes in the specific plan area, including Sanguinetti Road and Wards Ferry Road.

g.

Contributing to an integrated transportation system and upgraded street and highway network that will provide for the safe, efficient, and economic movement of goods and people to meet current and projected community needs.

h.

Establishing and encouraging an integrated system of bicycle, pedestrian and other non-motorized transportation routes in a commercial area.

i.

Conserving the City's natural, scenic and cultural resources along SR-108, a potential scenic gateway corridor.

j.

Conserving energy resources in a manner which maintains or enhances air quality, water quality, scenic value and other natural resources.

k.

Reducing the consumption of energy, products and resources through increased recycling, reuse and alternative use of products.

l.

Conserving the quality and quantity of water resources in the city and county.

m.

Providing securing personnel and surveillance systems within the specific plan area to reduce the likelihood of criminal activity.

n.

Controlling development so as to promote the maintenance of adequate city-provided police, fire, administrative and public works services and infrastructure.

o.

Implementing construction and operational air quality control measures.

p.

Enhancing the city's economic vitality while conserving the city's social, cultural, environmental and aesthetic resources.

q.

Encouraging development that complements, blends in with and is aesthetically compatible with its surroundings and existing landscape and streetscape.

r.

Avoiding degeneration of the city's commercial districts resulting from vacant large, non-historic retail facilities.

2.

Redevelopment Plan Consistency. Implementation of the Sonora Commercial Specific Plan is intended to carry out the goals and policies contained in the City of Sonora Redevelopment Plan and does not modify or amend the Sonora Redevelopment Plan. Development within the Sonora Commercial Specific Plan area shall, therefore, be consistent with the City of Sonora Redevelopment Plan.

The Sonora Commercial Specific Plan implements the redevelopment plan by contributing to:

a.

The expansion and diversification of the community's economic and employment base, through facilitation of year-round employment opportunities.

b.

The strengthening of the general retail and service commercial sectors of the local economy through diversification and enhancement of population-generated and income-generated retail demand.

c.

The recapture of general retail sales leakage from Sonora to other, larger trade centers.

d.

The increase of capture potential from commercial trade originating through traffic on SR-49 and SR-108.

e.

The improvement to infrastructure supporting the specific plan area and the removal of existing impediments to the economic development of the community.

3.

Relationship between specific plan Development Standards Criteria and the City of Sonora Municipal Code. Development regulations and requirements contained in this document will supplement or replace those of the City of Sonora Municipal Code as they might otherwise apply to lands within the Sonora Commercial Specific Plan area. Any regulations or requirements not specifically covered herein shall be subject to the regulations and requirements of the City of Sonora Municipal Code, design guidelines and engineering standards and other applicable regulations, in addition to all applicable local, state and federal ordinances, laws or regulations.

If any provision of this document conflicts with the regulations or requirements of the City of Sonora Municipal Code, the provisions of this document shall take precedence. The process for approving development under the Sonora Commercial specific plan shall be set forth in Section 17.33.050.

4.

Conformance with Uniform Building and Fire Codes. All construction within the Sonora Commercial Specific Plan shall be in compliance with Title 15 "Buildings and Construction" of the Sonora Municipal Code.

5.

Provision of Infrastructure. Unless otherwise specifically approved as part of this specific plan, all off-site improvements under the control of the city shall be subject to the City of Sonora regulations and requirements in effect at the time improvement plans are submitted. Other improvements not under the control of the city (e.g., electricity, natural gas, telephone) shall be subject to the regulations and requirements of the responsible agency.

Specific requirements for infrastructure are set forth in Table 17.33.060-1. To ensure the cost-effective availability of current and adequate infrastructure and services during the development of the specific plan area, infrastructure plans may be modified upon approval of the City of Sonora Public Works Supervisor, which pursuant to Section 17.33.050 shall be ministerial, final and not subject to appeal and without the need to amend this specific plan.

6.

Severability. If any term, provision, condition, requirement, or portion thereof of this specific plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this specific plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

7.

Costs. The developer shall pay the costs of any code enforcement activities, including attorney's fees, resulting in the violation of any Provisions of the Sonora Municipal Code, including the Sonora Commercial Specific Plan. The developer shall be responsible for the entire cost to implement the environmental standards in accordance with Section 17.33.060 of this specific plan.

8.

Consent to Hold Harmless. The developer shall, as a requirement of any development within the Sonora Commercial Specific Plan, agree to:

a.

Defend, indemnify and hold harmless the city and agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as proceeding) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul any action by the city related to or in furtherance of this specific plan, but excluding any subdivision approval governed by Government Code Section 66474.9. This indemnification shall include damages, fees and/or costs awarded against the city, if

any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the city, and/or the parties initiating or bringing the proceeding;

b.

Defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document associated with the specific plan if made necessary by the proceeding and if applicant desires to pursue securing these approvals, after initiation of such proceeding, which are conditioned on approval of such documents; and

c.

Indemnify the city for all of the city's costs, fees and damages which the city incurs in enforcing the indemnification provisions set forth in this section.

In the event the developer is required to defend, indemnify, and hold harmless the city pursuant to this section, the city reserves the right to approve the counsel to defend the city; all significant decisions concerning the manner in which the defense is conducted; and any and all settlements, which approval shall not be unreasonably withheld.

The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the developer in the defense of the proceeding. If the city chooses to have counsel of its own defend any proceeding where the developer has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Notwithstanding this, if the city attorney's office participates in the defense, all city attorney fees and costs shall be paid by the developer.

(Adopted by Ord. 796 on 10/28/2010)

A.

Site Conditions and Existing Land Uses.

1.

Historical and Existing Land Uses.

a.

Previous Land Use. The specific plan area is currently developed with a 130,166 square foot retail store and associated parking. A rough-graded pad is located to the east of the retail store.

b.

Existing On-Site General Plan Land Use and Zoning. The specific plan area is currently designated heavy commercial by the City of Sonora General Plan. The heavy commercial land use designation is intended for

a broad range of commercial land uses for both residents and visitors. Typical uses include shopping centers located within urban areas and along major thoroughfares. The specific plan area is currently designated general commercial (GC) by the City of Sonora Zoning Code. The GC zoning district is intended to provide land necessary for heavy commercial service facilities in well planned areas to serve the community and provide employment and income for its residents. The zone permits retail sales as of right. The general plan and zoning designations are illustrated in Figures 3 and 4.

c.

Surrounding Land Uses. Land uses surrounding the Sonora Commercial Specific Plan area are characterized by commercial uses immediately north, east and west of the site and undeveloped but entitled land to the south and also to the west. The surrounding commercial uses include Blockbuster Video and Big 5 Sporting Goods to the north, Safeway, Staples and vacant spaces formerly occupied by Mervyn's to the east and Regal Sonora Stadium 10 Cinemas, a 16,000 square foot office/retail building and an Applebee's restaurant to the west in Crossroad Plaza. To the south, the undeveloped land in Tuolumne County south of SR-108 is approved for development as a law and justice center. To the west, west of Old Wards Ferry Road, the undeveloped land is approved for development of a Lowe's Home Improvement Warehouse. The specific plan area is bounded by the Sierra Railroad and Sanguinetti Road to the north, SR-108 to the south and Old Wards Ferry Road to the west. Sanguinetti Road is a two-lane undivided road with two grade crossings of the Sierra Railroad. SR-108 is an undivided three-lane facility (two eastbound, one westbound) and is located approximately 12 to 15 feet below the specific plan area. Old Wards Ferry Road is a two-lane undivided roadway with a grade crossing of the Sierra Railroad. The surrounding land uses are illustrated in Figure 5.

B.

Existing Circulation.

1.

Regional Circulation. Excellent regional access to the specific plan area is provided by SR-108 and SR49.

SR-108 is an east-west highway that provides regional access throughout Tuolumne County and neighboring counties of Stanislaus and Mono. It originates in Modesto to the west and terminates at US 395, near the California-Nevada border. It is generally a two-lane undivided highway, with some sections providing two lanes in each direction. In the vicinity of the specific plan area, SR-108 accommodates approximately 18,600 vehicles per day. Access to and from the specific plan area is provided at the two signalized intersections at the Mono Way interchange.

SR-49, which is designated as Washington Street in Sonora, is a north- south highway that provides regional access throughout Tuolumne County and surrounding areas. In the vicinity of the specific plan area, Washington Street is a two-lane roadway that primarily serves commercial uses throughout Downtown Sonora.

2.

Local Circulation. Major roadways in and around the specific plan area are Mono Way, Greenley Road, Sanguinetti Road and Old Wards Ferry Road.

Mono Way is an east-west arterial roadway that parallels SR-108 in the vicinity of the specific plan area. Mono Way stretches from Washington Street to the west and becomes the Sonora Bypass Highway/SR108 to the east. Between Washington Street and Greenley Road, Mono Way has one lane in each direction. East of Greenley Road, it has two eastbound lanes, one westbound lane, and a center two-way left-turn lane to serve the commercial uses on both sides of the street. The posted speed limit along Mono Way is 30 miles per hour (mph).

Greenley Road is a north-south collector roadway connecting Lyons Street/Lyons Bald Mountain Road to the north and Sanguinetti Road to the south. Between Sanguinetti Road and Sonora Hills Drive, there are two southbound lanes, one northbound lane, and a center two-way left- turn lane. North of Sonora Hills Drive, Greenley Road has one lane in each direction with a center two-way left-turn lane. North of Sonora Hills Drive, Greenley Road has one lane in each direction with a center two- way left-turn lane and primarily serves residential neighborhoods. The posted speed limit along Greenley Road is 25 mph.

Sanguinetti Road is an east-west minor collector roadway that also provides direct access to the specific plan area. Sanguinetti Road stretches from Mono Way to the west to Loop Road to the east. Between Mono Way and Greenley Road, it is a one-way street providing two lanes in the eastbound direction. East of Greenley Road, there are two lanes in the eastbound direction and one lane in the westbound direction, with a center two-way left-turn lane serving the adjacent commercial driveways. The posted speed limit along Sanguinetti Road is 25 mph west of Old Wards Ferry Road and 30 mph to the east.

Mono Way and Greenley Road, it is a one-way street providing two lanes in the eastbound direction. East of Greenley Road, there are two lanes in the eastbound direction and one lane in the westbound direction, with a center two-way left-turn lane serving the adjacent commercial driveways. The posted speed limit along Sanguinetti Road is 25 mph west of Old Wards Ferry Road and 30 mph to the east.

Old Wards Ferry Road is a north-south minor collector roadway that provides direct access to the specific plan area. Old Wards Ferry Road stretches from Sanguinetti Road to the north to rural areas of Tuolumne County to the south. In the vicinity of the specific plan area, it is a two- lane roadway. In May 2009, the Sonora City Council approved the realignment of Old Wards Ferry Road. The road would be realigned to the west to create a four-legged intersection with the existing Greenley Road/Sanguinetti Road intersection. The road would be realigned in concert with the development of the approved Lowe's Home Improvement Warehouse, located to the west of the specific plan area.

3.

Public Transit. Tuolumne County Transit provides transit service to Sonora, Jamestown, Columbia, Tuolumne, Twain Harte, Sierra Village, and Groveland. The agency provides fixed-route bus service, flexroute bus service, and Dial-A-Ride service.

The specific plan area is served by Routes 1, 2, and 3. All three routes provide fixed-route service and serve the Sonora Crossroads and the Sonora Regional Medical Center, the nearest stops to the specific plan area. All fixed-route buses are equipped with bicycle racks.

Route 1 provides looped service within the Sonora area with 17 bus trips a day, Monday through Friday. Route 2 provides endpoint-to-endpoint service between Sierra Village and Columbia via Sonora. Five bus trips per day are provided in each direction, Monday through Friday. Route 3 provides endpoint-to-endpoint service between Jamestown and Columbia via Sonora. Four bus trips per day are provided in each direction, Monday through Friday.

Dial-A-Ride service offers curbside pickup and drop-off service to disabled persons with and without Americans with Disabilities Act (ADA) certification and persons who are 55 years of age and older. Dial-A-

Ride services also are available to the general public within specific service areas.

C.

Existing Physical Conditions.

1.

Topography. The specific plan area is located in the City of Sonora, which is the north-central portion of Tuolumne County and is ringed by several ridgelines of approximately 2,000 to 2,500 feet above mean sea level. Most of the slopes of the surrounding hills are covered by oak woodland vegetation. Bald Mountain, elevation 3,342 feet above mean sea level, is the most prominent topographical feature in the Sonora area.

2.

Hydrology. The specific plan area is located in the Woods Creek Watershed and is drained by Woods Creek, Sonora Creek, Sullivan Creek, and Dragoon Gulch. The Woods Creek Watershed encompasses about 18,588 acres (29.0 square miles), and eventually empties into Don Pedro Reservoir. While there are 45 dams in Tuolumne County, none of the inundation area maps shows the City of Sonora within a potential area of inundation.

The specific plan area has an existing stormwater collection system. Stormwater is collected via inlets located around the specific plan area and is then piped and discharged offsite into a culvert located in the SR- 108 Right-of-Way. Pipe sizes range from 12 to 24 inches in diameter. The City of Sonora operates the stormwater drainage facility within the City limits.

3.

Soils. The specific plan area is a developed, urban area. The soils that underlay the specific plan area were graded and engineered in the early 1990s with the development of the existing retail building. The soils were conditioned to support urban development and are considered stable soils and geologic units. As such, the majority of subsurface soils in the specific plan area consist of silty sands with various amounts of fine to coarse gravel, cobbles, and boulders of up to 36 inches in diameter. The native soils predominantly consist of silty sands, underlain by completely weathered to fresh granite rock with some inclusions of fresh diorite rock.

4.

Seismicity. The specific plan area is located east of the Foothills Fault System, which includes the Melones Fault Zone along the eastern edge of the fault system and the Bear Mountain Fault Zone along the western side of the fault system. The Melones Fault Zone is classified as active (i.e., it has demonstrated displacement within the last 100,000 years), and the Bear Mountain Fault Zone is classified as indeterminable active (i.e., definitive evidence has not been established). Four faults are located within

Tuolumne County capable of producing an earthquake including the Negro Jack Point, Bowie Flat, Rawhide Flat West, and Rawhide Flat East faults. The Rawhide Flat West and Rawhide Flat East faults are determined to be capable of producing an earthquake with an estimated maximum magnitude of 6.2, which could result in seismic ground shaking. Ground shaking effects are mitigated through enforcement of the 2007 California Building Standards Code. For development within the specific plan area, building plans will

be required to demonstrate that the seismic design parameters recommended by the 2008 Geotechnical Engineering Report prepared by Wallace Kuhl & Associates, Inc. have been incorporated into the design and/or building plans.

The specific plan area is not located within an Alquist-Priolo Earthquake Fault Zone and no known surface expression of fault traces is known to cross the area. As noted above, the specific plan area is underlain by dense granular soils and rock. Shallow groundwater is not present under the area and no slopes are located within or adjacent to the specific plan area.

5.

Hazardous Materials The specific plan area is a developed, active commercial area. It appears on two environmental databases listing parcels with known or potentially hazardous conditions. The first database is the Hazardous Waste Information System database which lists sites recorded on hazardous wastes manifests. This listing only indicates that hazardous materials were transported to or from the specific plan area; it does not indicate that contamination occurred. The second database is the Statewide Environmental Evaluation and Planning System database which lists sites with registered underground storage tanks (USTs). The specific plan area did contain a 1,000 gallon waste underground storage oil tank. It was removed in 1999. At that time, no contamination or leaks were reported and the County of Tuolumne stated that no further action was necessary.

Fluorescent lighting fixtures within the existing retail facility may contain polychlorinated biphenyls and mercury. The existing refrigeration units and rooftop HVAC units may also contain chlorofluorocarbons. The existing automobile service area utilizes seven above-ground storage tanks (AST) that store petroleum hydrocarbons. The specific plan area is also located in an area with high radon potential and is in a High Fire Hazard Severity Zone.

6.

Biological Resources. A majority of the specific plan area is covered with impervious surfaces and the remaining area consists of ruderal (weedy) vegetation and disturbed land including trees and landscaping in planters. Dominant species found in unpaved portions of the specific plan area include field bindweed (Convolvulus arvensis), ripgut brome (Bromus diandrus), and Bermuda grass (Cynodon dactylon). The nonnative grasses and weeds are generally low-growing but can include some tall species (up to 6 feet). There are no special-status plant or wildlife species with potential to occur in the specific plan area.

Based on the developed and disturbed condition of the specific plan area, only commonly observed wildlife species would be expected to occur in the area (e.g., sparrows, squirrels). Based on the lack of trees, shrubs, and aquatic resources, there is no indication of a wildlife community in the area. The area also does not contain features suitable for use as a wildlife movement corridor (e.g., open drainages). The specific plan area does support immature trees that could potentially provide nesting habitat for small migratory songbirds. No open channels, natural drainage features, wetlands or waters of the United States exist within the specific plan area.

7.

Climate. Temperatures in the specific plan area range from an average monthly high of 94.6 degrees Fahrenheit in July to an average monthly low of 33.5 degrees F in January. Average annual rainfall is 32.13 inches, and average snowfall is 3.3 inches.

D.

Existing Utilities.

1.

Water. The specific plan area will receive water service from the Tuolumne Utilities District (TUD). TUD operates various water systems within its service area. The specific plan area would be served by the Sonora-Jamestown Water System. TUD's water infrastructure consists of 56 miles of water supply canals and ditches, 13 water treatment plants, approximately 202 miles of distribution piping, and eight community water well systems. TUD has three primary sources of water: surface water from the South Fork Stanislaus River (with an annual yield of approximately 100,000 acre-feet), groundwater (with a total potential annual yield of 2,150 acre-feet), and recycled water (providing landowners with water for irrigation of approximately 547 acres of farm and pastureland).

In 2010, the estimated water demand for the TUD service area based on the TUD Urban Water Management Plan is projected at 17,044 acre-feet with the estimated supply at 24,500 acre-feet. By 2035, the projected demand would be 23,344 acre-feet with a supply estimate of 24,500 acre-feet. Based on these projections, the TUD has sufficient water supply for the development of the specific plan area. Water supply to the specific plan area is provided through a two-inch domestic water line and a two-inch irrigation water line.

2.

Wastewater. The specific plan area receives wastewater service from TUD, which owns and operates the regional wastewater system. TUD collects wastewater from approximately 8,900 connections and transmits it through approximately 101 miles of sanitary sewer lines. Wastewater is treated at the Sonora Regional Wastewater Treatment Plant, which has a capacity of 2.6 million gallons per day (mgd). The average dry weather flow is 1.6 mgd. During winter months, input at the wastewater treatment plant may increase to 2.6 mgd, exceeding the facility's capacity to clarify and digest the input. An expansion of the facility's sewage treatment processing system is underway and TUD has adopted a reclamation strategy that is currently being reviewed by the state.

Existing development in the specific plan area is served by a six-inch line that pipes effluent to a lift station located in the rear of the former Mervyn's building. The lift station serves the entire Sonora Crossroads shopping center and conveys flows via a 4-inch force main to an 18-inch main located within Sanguinetti Road.

3.

Water Quality. The existing drainage within the specific plan area is discussed above in Section 17.33.020(C)(2), Hydrology. During construction, all work would be required to meet the National Pollution Discharge Elimination System (NPDES) requirements for stormwater quality. The contractor would also be required to implement Best Management Practices (BMPs) for erosion control. These requirements will be

implemented through the preparation and approval of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would ensure that project construction would not violate any water quality standards.

During operations, all activities must comply with a City-approved stormwater management plan. Compliance with the stormwater management plan would ensure that operational activities within the specific plan area would not violate any water quality standards.

4.

Solid Waste Disposal. Solid waste collection and recycling services are provided by Cal Sierra Disposal. Solid waste from the City of Sonora is transported to three landfills in San Joaquin and Merced Counties, which collectively have a 150 million cubic yards of remaining capacity.

5.

Natural Gas. No natural gas service is available in the Sonora area.

6.

Electricity. Electricity service to the specific plan area will be provided by Pacific Gas and Electric (PG&E).

7.

Telephone. Telephone service to the specific plan area will be provided by American Telephone & Telegraph (AT&T).

(Adopted by Ord. 796 on 10/28/2010)

Any and all approvals, decisions, reviews or actions required under this section and required for development within the Sonora Commercial Specific Plan area shall be ministerial, final, and not subject to appeal, and shall be processed pursuant to section 17.33.050.

A.

Land Use Concept. The overall land use concept for the Sonora Commercial Specific Plan is to revitalize, update and expand an existing retail facility to take advantage of the site's excellent regional access and visibility. It will dramatically improve the aesthetic and commercial landscape and provide for development of a full-service retail use to complement existing uses in the surrounding area. The land use concept design will incorporate design elements that complement and are compatible with the architectural theme of the existing commercial landscape by creating an attractive and productive blend of retail uses. Access and parking within the specific plan area is intended to be designed with convenient vehicular, nonmotorized vehicle and pedestrian access that blends and interconnects with the surrounding commercial area.

Figure 6 illustrates the conceptual site plan for the Sonora Commercial Specific Plan.

1.

Uses Allowed by Right. Table 17.33.030-1 establishes the permitted uses for the Sonora Commercial Specific Plan area. Ancillary and accessory uses, if proposed, will be reviewed concurrently with any application for development submitted. Ancillary and accessory uses that are not specifically listed as permitted may be approved subject to determination of substantial conformance as set forth in Section 17.33.050.

Table 17.33.030-1 Permitted Uses

Addressograph services

Alcohol sales for offsite consumption (type 21 license)

Ammunition sales (not including firearms)

Animal clinic or shelter

Any local retail business or service establishment that supplies services and commodities for residents of a neighborhood such as grocery, fruit and vegetable stores; bakery; drugstore; barber and beauty shops; florists; Laundromats; drive-thru banks; drive-thru pharmacies; drive-thru dairies; clothes and cleaning and dyeing establishments; variety stores; and hardware stores

Apparel stores

Appliance stores

Art and antique stores

Art and craft schools and colleges

Art galleries

Art supply stores

Auction rooms

New and used automobile, motorcycle, boat and mobile home sales rooms and service incidental thereto

Automobile parts supply stores

Automobile service and gas stations

Bakeries

Banks and financial institutions, including lending agencies

Bars, cocktail lounges and night clubs

Bicycle shops

Blueprint and photocopy shops

Book stores and rental libraries

Bowling alleys

Bulk storage, wholesale, packing, truck, bus, taxi, or rail terminals and transit stations

Business, professional and trade schools and colleges

Camera shops, photographic supplies and photography studios

Card rooms

Catering shops

Clothing and costume rental establishments

Communications equipment buildings

Confectionery and ice cream stores

Department store*

Dry goods store*

Minor electrical and electronic equipment sales and service

Escrow offices

Farm equipment sales and services

Florists

Frozen food lockers

Gardening supply sales

Garden shops and nurseries

Gift, novelty or souvenir shops

Glass shops

Grocery stores, including those selling fresh meat and produce*

Gunsmith shops

Gymnasiums and health clubs

Hardware stores

Health food stores*

Hobby stores

Home furnishings

Home improvement centers

Hotels, motels and apartment hotels

Interior decorating shops

Jewelry stores

Leather goods and luggage stores

Linen supply service

Live/work use

Locksmith

Mailing and shipping services

Manager/caretaker use

Medical, dental and orthopedic clinics or laboratories

Millinery shops

Mortuaries

Movie rental operations

Music and dance studios

Office and business machine sales and services

Offices that deal primarily in professional services in which goods, wares, and merchandise are not commercially created, sold or exchanged for the private market, including medical offices, engineering, architectural planning and landscape consulting, law, accounting, bookkeeping, insurance, banking and brokerage offices, travel agencies, medical and dental laboratories and clinics, not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases

Paint and wallpaper stores

Paint product sales

Parcel delivery services

Pawn shops

Pet and bird sales

Petroleum product sales

Pesticide sales

Pharmacies, stand-alone or as part of a larger retail use, including a drive-up pharmacy*

Pool chemical sales

Prescription pharmacies in connection with medical office buildings or clinics

Processing, services or research, providing that no odor, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, radioactive or waste material is produced or emitted beyond the confines of the property onto contiguous properties or into the air or watercourses, to an extent constituting a nuisance, and provided it does not constitute a physical hazard to persons or properties beyond the confines of the property by reason of fire, explosion, or similar cause

Public and private charitable institutions

Public utility structure, fire station

Radio and television broadcasting studios

Retail sales*

Restaurants, including drive-thru restaurants, cafes and outdoor cafes*

Scientific instrument stores

Secretarial services

Shoe stores - sales and repair

Sign shops

Sporting goods stores, including incidental boat sales

Sports arenas within buildings

Stamp and coin shops

Stationery stores Storage garages

Superstore-type uses including general merchandise, grocery, pharmacy and other uses permitted independently in the Specific Plan area*

Tailor and dressmaking shops

Telegraph offices

Temporary outdoor seasonal sales

Theatre and auditoriums

Tire, battery and alignment services (not including large trucks)

Tobacco shops

Travel bureaus Upholstery shops Variety stores Video arcades Vision and/or hearing services

Note: *Twenty-four-hour operations permitted as-of-right. Twenty-four-hour operations may be permitted for other uses if the community development director determines such a use substantially conforms with the provisions of the Sonora Commercial Specific Plan.

B.

Site Development Standards.

1.

Land and Structure Regulations. Table 17.33.030-2 establishes the land and structure regulations for the Sonora Commercial Specific Plan area:

Note: *Architectural projections are exempt from the thirty-five-foot height limit.

2.

General Design Concepts. Within the Sonora Commercial Specific Plan, general design concepts address the nature and function of the use, building, or feature being considered. Architectural design and details are to be integrated throughout the specific plan area and oriented to areas within public view. Design within the Sonora Commercial Specific Plan shall meld function and form, not one to the exclusion of the other, and promote the harmonious appearance of structures in other commercial areas adjacent to the specific plan area, including the Sonora Crossroads shopping center.

To facilitate design integrity between the uses within the Sonora Commercial Specific Plan and other commercial uses surrounding the specific plan area, the following standards shall be adhered to:

a.

Design shall be consistent with the 1992 city council adopted exterior design requirements for the Sonora Crossroads Shopping Center, including the 2009 amendment to the color palette and architectural features to allow "earth tones" into the stucco walls, front access diamonds storefront frames and parapet coping. Figures 6, 7 and 8 included in this specific plan comply with these requirements.

b.

The community development director shall review and approval all final building plans and elevations to ensure substantial conformance with Figures 6, 7 and 8. Substantial conformance shall be determined as set forth in section 17.33.050.

c.

Review and approval by the community development director as set forth above shall include verification that the average mid-point of any architectural feature or wall is approximately thirty-five feet. If any architectural feature or wall exceeds thirty-five feet then it must be flattened or otherwise lowered.

d.

Development within the specific plan area shall comply with the environmental standards set forth in section 17.33.060. Developer shall bear all costs of implementing such environmental standards.

e.

Shipping container storage shall not be allowed in the specific plan area and all shipping containers stored outdoors must be removed on a permanent basis.

f.

No trees shall be removed until the city has approved a final landscape plan as set forth in section 17.33.030(B)(3) below.

g.

All development within the specific plan area shall comply with all applicable building codes and the requirements of the city, county, state and other responsible agencies.

Figures 7 and 8 illustrate the conceptual exterior elevations and conceptual colors and materials for the specific plan area. Development proposed that substantially conforms to Figures 7 and 8 shall be considered to substantially conform to the Sonora Commercial Specific Plan and shall be processed as a ministerial building permit and construction plan review as set forth in section 17.33.050.

3.

Landscaping. The quality environment envisioned for Sonora Commercial Specific Plan site will be established, in large part, by its landscape treatment. Landscaping is to be designed to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment. Landscaping is also intended to give structure and identity to the overall specific plan area.

Prior to issuance of a grading permit, demolition or ground or vegetation disturbance, whichever occurs first, the developer shall submit a final landscape plan for review and approval by the planning commission, in such form and detail as may be required by the community development director. As set forth in section 17.33.050, this review and approval shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provision of the Sonora Commercial Specific Plan. The approved final landscape plan shall be incorporated into the development proposed.

The final landscape plan shall provide for the following:

a.

All recycling areas are to be effectively screened and contained.

b.

Denser screen along the southern loading dock areas, including additional native ponderosa pine, native oaks and Deodar cedar planted in dense clusters on twelve to fifteen foot centers with an understory of large and medium shrubs to create a denser plant screen along the center's rear facades. Reasonably sized

openings may be left in the tree screen to reveal store signage, but no large open views of loading docks. Developer shall apply for an encroachment permit from Caltrans to allow for planting within this area, if necessary. Alternatively, developer shall work cooperatively with the city to enter into a maintenance agreement for landscaping in the Caltrans right-of-way behind the existing retail building. Should Caltrans deny landscaping in this area pursuant to an encroachment (or equivalent) permit, then this requirement shall be eliminated. It is anticipated that landscaping will be accomplished substantially in accordance with landscaping plans already approved pursuant to an existing Caltrans permit (#1091-6CD-1116, Whitney Development Company). It is further anticipated that the costs of watering will be undertaken by the developer as will the costs of installing a separate water meter to maintain landscaping along SR 108 behind the existing retail building (i.e., the developer will be responsible for maintaining landscaping only in that area between SR 108 and the existing retail building). Minor modifications to these requirements may be approved by the community development director, as set forth in section 17.33.050, where such modifications achieve the same goal as the original requirement.

c.

Reserved.

d.

A vine-covered fence is to be constructed at the edge of the paving along the southern limit of the specific plan area to screen ground clutter associated with the loading area. Specifically, the landscape plan shall provide for the planting of vines sufficient to cover the existing chain link fence along the southern portion of the specific plan area. In conjunction with re-surfacing the rear portion of the specific plan area, the developer will plan for the installation and maintenance of vines within the area's boundaries adjacent to the existing fence. Developer shall apply for an encroachment permit from Caltrans to allow for planting within this area, as necessary. Should Caltrans deny landscaping in this area pursuant to an encroachment (or equivalent) permit, then this requirement shall be eliminated.

e.

Automatically controlled underground irrigation shall be installed in all planting areas with a minimum of ½- inch mulch to a depth of two inches or as appropriate in vining and groundcover areas.

f.

The planter separating the Old Wards Ferry Road Specific Plan area entrance drive from the existing store's garden and automotive departments will be solidly planted with coniferous and/or broadleaf evergreen trees to create a dense visual screen to these areas.

g.

Should the planter (or adjacent) landscape area separating the Old Wards Ferry Road Specific Plan area entrance drive from the garden and automotive department require additional terracing and/or retaining walls; retaining wall design and materials shall be submitted in conjunction with the final landscaping plan for review and approval. Retaining walls within the planter shall not exceed four feet in height. Any single wall, excluding the ground level wall in a terraced system, will not exceed eight feet in exposed surface height.

h.

Trees shall be installed as follows: fifteen percent will be twenty-four-inch box and eighty-five percent will be fifteen gallon.

i.

Landscaping shall be in keeping with the character or design of adjacent buildings.

j.

Existing trees shall be preserved wherever possible.

k.

Identification of the type and size of trees to be removed and the proposed landscaping in accordance with the Tree and Landscaping Ordinance. All removed trees shall be replaced at no less than a 1:1 ratio. The city may require certain trees to be replaced at a ratio of greater than 1:1 depending on the species, trunk, diameter, or other factors.

l.

Ornamental trees shall be replaced at the size of tree removed or thirty-six-inch box, whichever is smaller.

m.

If the developer vacates the specific plan area in the future, landscaping associated with the specific plan area shall be maintained in compliance with Sonora Municipal Code Chapter 12.20, Section 12.20.145(A) for as long as the developer remains the property owner. Should ownership change; the new owner will remain subject to the same provisions of the Sonora Municipal Code relative to landscape maintenance.

n.

Developer shall be responsible for maintaining all landscape plants in a healthy and attractive condition for the life of the project for on-site landscaping. All landscaping to be maintained and replaced on a monthly basis, weather permitting, to assure consistent tree size.

Figure 9 illustrates the preliminary planting plan for the specific plan area. Development proposed that substantially conforms to Figure 9 shall be considered to substantially conform to the Sonora Commercial Specific Plan and shall be processed as a ministerial building permit and/or construction plan review as set forth in section 17.33.050.

4.

On-Site Circulation, Parking, and Loading.

a.

On-Site Circulation. The on-site circulation standards within the Sonora Commercial Specific Plan will ensure the efficient and safe passage of vehicles and pedestrians to and from the various commercial uses

within the specific plan area.

On-site circulation within the specific plan area shall adhere to the following requirements:

(1)

All ingress and egress routes shall be maintained clear of storage, delivery trucks or other obstructions at all times.

(2)

The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other uses.

(3)

On-site driveways shall be permitted to provide common access between the specific plan area and adjacent properties.

(4)

Site lines required for safe automobile movement shall be kept clear. Screens and structures shall not be located where they would block such site lines.

(5)

On-site pedestrian walkways should provide direct, safe, and adequate movement paths between parking areas and building entrances.

(6)

Trucks shall access the specific plan area via the southernmost Old Wards Ferry Road driveway. Once onsite, trucks shall travel along the south property line and ultimately exit via Old Wards Ferry Road.

b.

Parking. Off-street parking configurations within the specific plan area shall adhere to the following requirements:

(1)

One parking stall per two hundred gross square feet of floor area shall be required for uses in the specific plan area. Employee parking is deemed to be included in the general requirement of one parking stall per twohundred square feet of gross floor area. Gross floor area, as used in this specific plan, means the interior floor area, in square feet, of a business which is necessary for the operation of that business. This includes all work areas, hallways, private bathrooms, and storage areas used and necessary for the business to be operated, except for common hallways, private or public bathrooms used by other businesses, and unmanned storage areas not open to the public or not normally open during business hours.

(2)

When, after computing the number of parking spaces required, there appears a fractional requirement of one-half space or more, one additional parking space shall be required. If less than one-half, no additional space is required.

(3)

One percent of the total parking spaces shall be constructed to comply with the California Disabled Access Regulations.

(4)

The required parking shall be provided on the parcel or contiguous parcel where the use is located.

(5)

Parking spaces shall have a minimum size of nine feet by eighteen feet when outdoors and free of obstructions such as columns or walls.

(6)

Up to one-third of all parking stalls may be marked "Small Cars Only" and may be eight feet by sixteen feet in dimension.

(7)

Parking aisles shall have a minimum width of twelve feet when stalls are parallel to the aisle or up to an angle of forty degrees, seventeen feet when stalls are at an angle between forty degrees and seventy degrees, and twenty-three feet when stalls are at an angle between seventy degrees and ninety degrees.

(8)

Parking stalls and aisles shall have a maximum grade of seven percent.

(9)

Each parking stall and aisle shall have a minimum eight-foot vertical clearance.

(10)

Each parking stall shall have vehicular access to the street, without passing over other parking stalls.

(11)

Each parking stall and aisle shall be graded, drained and surfaced, so as to prevent dust, mud or standing water, and shall be identified by pavement markings, to the satisfaction of the city engineer.

(12)

Lighting shall be provided in the parking area pursuant to section 17.33.030(B)(8).

(13)

A minimum four-foot high solid fence, wall or thick hedge shall be permanently maintained between any residential zone and a parking area serving a commercial use, where such an area is contiguous to such a zone.

(14)

The property owner shall provide documentation (contract, letter of agreement, etc.) to the satisfaction of the community development director verifying the manner by which cleaning and sweeping of the parking lot is to occur.

c.

Loading.

(1)

Each loading berth shall have a minimum size of twelve feet by thirty-five feet whether indoors or outdoors.

(2)

Each loading stall and access thereto shall have a minimum fifteen feet vertical clearance.

(3)

Each loading berth shall have vehicular access to the street, without passing over other parking stalls.

(4)

A minimum of one loading berth shall be required for each forty thousand square feet of gross floor area or part thereof within the specific plan area. When, after computing the number of loading spaces required, there appears to be a fractional requirement of one-half space or more, one additional loading space shall be required. If less than one-half, no additional loading space is required.

(5)

Loading areas shall be designed to provide for backing and maneuvering on site and not from or within a public street. Direct loading from a public street shall not be permitted.

(6)

Loading bays shall be sealed with rubber gaskets to reduce noise impacts to adjacent areas.

5.

Outdoor Storage/Sales. The following requirements shall apply to all outdoor storage and sales in the Sonora Commercial Specific Plan area:

a.

Outdoor storage shall be limited to designated pallet storage areas located on the southwest corner of the specific plan area. This provision does not apply to outdoor sales areas, sidewalk sales, and "garden centers." Sales within parking areas are permitted but shall not exceed an area of sixty parking spaces and shall be confined to the area along the western boundary of the specific plan area in the front parking lot.

b.

Ingress and egress for emergency vehicles shall be maintained at all times within the sales and storage area.

c.

Outdoor storage in other locations within the specific plan area shall not be precluded so long as such storage areas do not occupy parking spaces.

d.

The southwest corner of the specific plan area shall be screened to reduce the visibility of outdoor storage areas and mechanical equipment, trash enclosures, recyclable materials and the bale and pallet storage area. Developer shall install visual screening in the form of landscaping, enclosures or other appropriate screening methods in this area.

Any new outdoor storage areas not in conformance with the provisions above shall require submittal of an application to the community development director for approval prior to use.

6.

Signage. Signage and graphics will be an important element within the Sonora Commercial Specific Plan area. The intent of the sign program is to provide for maximum sign exposure for uses within the specific plan area in a manner that will complement the overall image of the area while preserving and enhancing the aesthetic, vehicle and pedestrian traffic safety and convenience, and environmental values of the surrounding area.

Except as otherwise set forth herein, all signs, including, but not limited to, A-type and moveable freestanding signs, canopy signs, construction project signs, on-site directional signs, projecting building signs, wall signs, window signs and temporary signs, shall be permitted in the specific plan.

The community development director shall confirm that any proposed signs substantially conform with the requirements of the specific plan. As set forth in section 17.33.050, any review for substantial conformance shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provision of the Sonora Commercial Specific Plan. Changes in existing sign copy and relocation of existing signs that do not change the existing sign area shall be deemed to substantially conform with the sign requirements of the specific plan and shall not require any additional approvals.

The following sets forth the requirements for signs in the Sonora Commercial Specific Plan area:

a.

Definitions. The definitions stated in Sonora Municipal Code Section 15.28.020 are incorporated herein.

b.

General Sign Requirements.

(1)

A combination of not more than two types of signs (freestanding, wall or projection) for each place of business or occupancy shall be permitted.

(2)

Roof signs, wind signs, animated signs, signs that emit sound or flashing lights shall be prohibited.

(3)

No sign shall be erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic, except such signs placed by a public agency for control of traffic by vehicles or pedestrians.

(4)

No sign shall be placed in any manner, or be maintained on any fence.

(5)

No signs shall be affixed to trees or shrubs.

(6)

Signs and sign structures shall be maintained at all times in a state of good repair.

(7)

No sign shall be sagging, leaning, fallen, decayed, deteriorated, or exhibit other dilapidated or unsafe conditions, as determined by the building official.

(8)

All signs and sign structures shall be constructed, installed or erected with more than a six-foot horizontal and a twelve-foot vertical clearance to energized electrical power lines.

c.

Freestanding Signs.

(1)

Maximum area for freestanding signs: Thirty-two square feet.

(2)

Maximum height for freestanding signs: Thirty-five feet.

(3)

The structural support for freestanding signs shall be wholly on the owner's property.

(4)

Freestanding signs over five feet in height may project over public property, or public vehicular or pedestrian easements or ways, a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade of the public property or easement or way immediately below, as follows:

(A)

A clearance of less than eight feet is not permitted;

(B)

For a clearance of eight feet, the maximum projection is one foot;

(C)

For a clearance of eight feet to fourteen feet, the maximum project is one foot plus six inches for each foot of clearance in excess of eight feet;

(D)

For a clearance over fourteen feet, the maximum projection is four feet;

(E)

No sign shall project within two feet of the curb line.

(5)

Every freestanding sign shall be constructed wholly of metal, wood, fire-resistant plastic or other substantially similar material.

d.

Wall Signs.

(1)

Maximum area for wall signs: three percent of the total frontage wall area.

(2)

No part of any wall sign shall extend above the top level of the wall upon or in front of which it is situated.

(3)

Any wall sign that is suspended or projects over any public walkway or wall area shall have an overhead clearance of at least eight feet.

(4)

No wall sign, including any light box or other structural part, shall project more than twelve inches from the building face.

(5)

There may be any number of wall signs for each building frontage, but in no case shall the total wall sign area for each frontage exceed area limitations.

e.

Projecting Signs.

(1)

Maximum area for projecting building signs: Thirty square feet.

(2)

No projecting building sign shall extend above the top level of the wall upon or in front of which it is situated. In the case of buildings having sloping roofs, no such sign shall extend above the roof ridge. Any such sign which projects over public property shall have a clearance of eight feet above the ground, and a fourteen-foot clearance above vehicle-ways.

(3)

Projecting signs may project over public property, or public vehicular or pedestrian easements or ways, a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as follows:

(A)

A clearance of less than eight feet is not permitted;

(B)

For a clearance of eight feet, the maximum projection is one foot;

(C)

For a clearance of eight feet to fourteen feet, the maximum projection is one foot plus six inches for each foot of clearance in excess of eight feet;

(D)

For a clearance over fourteen feet, the maximum projection is four feet;

(E)

No sign shall project within two feet of the curb line.

f.

Special Purpose Signs.

(1)

Maximum area for signs erected in conjunction with construction projects (i.e., construction signs): Six square feet.

(2)

Maximum height for freestanding construction signs: Five feet.

(3)

All construction signs shall be removed before a final release on the construction is given by the building official.

(4)

Maximum area for directional signs used for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or onto private property (i.e., directional signs): Six square feet.

(5)

Directional signs shall be located on the property to which they pertain.

(6)

A maximum of two on-site directional signs per drive approach shall be allowed.

g.

Abandoned Signs. Abandoned signs shall not be permitted, maintained or permitted to be maintained within the specific plan area. Any such sign shall be abated by the owner, the building official, or any other person in a lawful manner.

The following types of signs are presumed to have been abandoned:

(1)

Signs located on property which has become vacant and unoccupied for a period of six months or more;

(2)

Signs erected for an occupant or business unrelated to the present occupant or business; and

(3)

Signs pertaining to a time event, or purpose that has passed or no longer pertains.

Deviations from the approved sign program set forth above that do not substantially conform to the approved program, shall require the approval of the community development director. If any provision of the sign program conflicts with regulations or requirements of the City of Sonora Municipal Code, the provisions of this document shall take precedence.

7.

Noise.

a.

Construction Noise. Hours of exterior construction shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. Saturday; and 10:00 a.m. and 3:00 p.m. Sunday and federal holidays.

All construction equipment shall be acoustically muffled to reduce noise in accordance with Caltrans Standard Specifications.

b.

Operational Noise. Development in the specific plan area shall comply with the noise standards contained in the noise element of the Sonora General Plan.

8.

Lighting. The following section addresses illumination of on-site areas for the purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas.

Prior to issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer shall prepare and submit a final lighting plan. The final lighting plan shall be reviewed and approved by the planning commission to ensure compliance with the provisions of the Sonora Commercial Specific Plan. As set forth in section 17.33.050, this review and approval shall be a nondiscretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provisions of the Sonora Commercial Specific Plan. The approved lighting plan shall be incorporated into the development proposed.

The lighting plan shall demonstrate that all exterior lighting fixtures associated with development in the specific plan area (building-mounted and freestanding) are shielded, recessed, or directed downward to prevent unwanted illumination of neighboring properties.

The final lighting plan shall provide for, but is not limited to, the following:

a.

Light fixtures shall be shielded to keep light focused on the specific plan area.

b.

Outdoor lighting of pedestrian areas shall be limited to ground level lighting or decorative lamps on fourteen-foot maximum pole heights.

c.

Outdoor lighting of parking areas shall be limited to ground level lighting and overhead luminaries not to exceed existing pole heights.

d.

Pole-mounted lights shall be cut-off directing illumination downward.

e.

Building lighting shall be limited to indirect or cut-off sources for security after hours (as applicable to 24/7 operations),

f.

Light sources shall be metal halide and limited to an average of 3.3 foot-candles maximum average intensity. New parking lot lighting shall comply with the California Energy Code and Title 24. NonResidential Energy Compliance Forms shall accompany the building permit application.

9.

Fire Protection. Prior to issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer shall submit to the Sonora Fire Department for review and approval a complete set of building plans, wet stamped by an architect or licensed engineer and a complete set of plans for an automatic fire sprinkler system indicating calculated fire flow for the system, signed by a licensed automatic fire sprinkler contractor.

Note that any warehouse storage proposed will need to install rack sprinklers. The existing retail building does not have rack sprinklers but any new rack storage will require rack sprinklers. The fire flow for the building shall be determined by the size of the building and type of construction.

Standpipes may be required due to building size, fire flow requirements, and distance from building egress. A fire sprinkler system with one hundred or more sprinkler heads shall be monitored by a UL approved central alarm station which supervises the system twenty-four hours per day. The installation of fire hydrants in the specific plan area will be required per the current edition of the California Building Code. Fire hydrant locations and numbers will be determined by the fire department upon receipt of a plot plan drawn to scale, with locations and numbers established in accordance with the current edition of the California Building Code.

The fire department connection (FDC) shall be installed at the rear of the building, with final location to be determined by the fire department. A single FDC is preferred, if feasible. If the development requires a second FDC, double backflow protector, riser (i.e., complete separate system); then the developer shall apply for and secure approval from TUD for the second connection into the domestic water system.

Business Licenses. Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer will comply with City of Sonora provisions for obtaining business licenses for the construction contractor and subcontractors.

Prior to the issuance of a final certificate of occupancy, the developer shall comply with City of Sonora provisions for obtaining business licenses (including amendments to existing licenses) for the building occupant.

(Adopted by Ord. 796 on 10/28/2010; Ord. No. 914, §§ 1, 2, 10-20-2025)

Any and all approvals, decisions, reviews or actions required under this section and required for development within the Sonora Commercial Specific Plan area shall be ministerial, final and not subject to appeal, and shall be processed pursuant to Section 17.33.050.

A.

Infrastructure.

1.

General Provisions (TUD, Concrete, Cool Roof, Burning).

a.

The specific plan area will be served with public water and public sewer provided by the TUD. Prior to issuance of building permits, the developer shall:

(1)

Provide final verification of all required utilities to the community development department.

(2)

Provide proof to the building department that "change of use" fee payments have been paid to or waived by the Tuolumne Utilities District.

(3)

Provide verification that all new utilities shall be placed underground.

(4)

Submit the proposed concrete design mix to the city building department to confirm that the proposed concrete will include 15-20% fly ash, or alternative as approved by the building official.

(5)

Provide the building department with documentation that the proposed "white roof" is a certified "Cool Roof," as required by the California Energy Commission.

b.

In addition, any development in the specific plan area shall comply with the following:

(1)

Prior to burning of vegetation during land development clearing, the developer shall notify the Tuolumne County Air Pollution Control District of the intent to burn and a finding shall be made by the District that such burning is warranted as specified in district rule 310.2(A)-Land Development Clearing. Such burning shall also be coordinated with the city fire department requirements.

(2)

Any aggregate used for surfacing material that contains greater than 0.25% asbestos shall be incorporated into or completely covered by asphalt concrete, Portland cement concrete, or similarly cemented material.

2.

Water Facilities. The specific plan area will receive water service from the TUD through an existing 2-inch domestic water line and a 2-inch irrigation water line. TUD's Urban Water Management Plan projects annual water surpluses ranging from 5,526 acre-feet in 2010 to 256 acre- feet in 2035. The specific plan area's total anticipated water demands, which area accounted for in the Urban Water Management Plan, are estimated to be 9,174 gallons per day (gpd) or 182,500 gallons (0.56 acre-feet) annually.

Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance, whichever occurs first, the developer shall submit an underground utilities plan to the city engineer for approval by respective agencies (e.g., Tuolumne Utilities District, Sonora Fire Department). The developer shall, within preparation of the improvement plans for the water system, provide water mains, hydrants, and fire flows as required by the City of Sonora Fire Department. Fire hydrant locations to be shown on the plan as determined by the fire chief.

3.

Wastewater Facilities. The Central Valley Regional Water Quality Control Board (CVRWQCB) enforces wastewater treatment and discharge requirements for the specific plan area. The specific plan area would convey wastewater via municipal sewage infrastructure maintained by the TUD to the Sonora Regional Wastewater Treatment Plan (SRWTP). The specific plan area is estimated to generate 5,764 gallons per day of effluent, which is well within the existing available capacity of the SRWTP.

4.

Storm Drains. The City of Sonora operates stormwater drainage facilities within the city limits. The specific plan area has an existing stormwater collection system that will continue to serve the area. Stormwater is collected via inlets where it is then discharged offsite into a culvert located in the SR-108 Right-of-Way. Pipe sizes range from 12 to 24 inches in diameter. Implementation of the specific plan will not require new or expanded offsite storm drainage facilities. However, prior to the issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the city engineer shall approve an engineered

drainage plan that will include on and off-site drainage measures necessary to accommodate the increased flows created by development within the specific plan area.

5.

Solid Waste Disposal. Cal Sierra Disposal provides solid waste and recycling services to the City of Sonora, including the specific plan area. During construction, it is estimated that the specific plan area would generate 55 tons of solid waste. During operation, it is estimated that the specific plan area would generate approximately 68 tons of solid waste annually.

6.

Natural Gas. No natural gas service is available in the Sonora area.

7.

Police Protection. The Sonora Police Department will provide police protection to the specific plan area.

8.

Fire. The Sonora Fire Department will provide fire protection and emergency medical services to the specific plan area.

9.

Electricity and Telephone. The specific plan area is located within PG&E's service territory. PG&E would provide electrical services to the specific plan area. Telephone service to the specific plan area will be provided by AT&T. If a stationary emergency standby diesel fueled engine is required for emergency generation purposes (e.g., for refrigeration units), development shall comply with Section 93115, Title 17California Code of Regulations, Airborne Toxic Control Measure for Stationary Compression Ignition Engineers.

10.

Schools. Prior to the issuance of building permits, the developer shall pay school impact fees. Impact fees are currently 0.47 per square foot.

B.

Project Access. Access to the specific plan area allows for safe and efficient travel to and from the area. Administrative provisions and signage of the specific plan will facilitate direction and access throughout the area. Public transportation will be permitted in the specific plan area.

Vehicular access to the specific plan area will be provided by six driveways, including two on Old Wards Ferry Road and four on Sanguinetti Road. A full signalized access point is present on Sanguinetti Road, which also serves the other uses in the Sonora Crossroads. A full unsignalized access point exists on Old Wards Ferry Road and provides access to the existing tire & lube express and loading dock. Additional vehicular access to the specific plan area is available through the Crossroads Plaza, which has access to Sanguinetti Road and Old Wards Ferry Road, and the Sonora Crossroads parking area, which has access

to other points on Sanguinetti Road. The southern Old Wards Ferry Road access point and the eastern Sanguinetti Road access point provide truck access to the existing retail store within the specific plan area.

Adequate pedestrian access will also be provided. Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance, whichever occurs first, the developer shall submit a sidewalk plan to the city engineer for review and approval. The sidewalk plan shall provide for the construction of a sidewalk along the eastern side of any expansion to the existing retail store. This sidewalk shall meet the accessibility requirements for the Americans with Disabilities Act and be constructed in conformance with any approved plans prior to the issuance of a final certificate of occupancy. All ingress and egress routes shall be maintained clear of storage, delivery trucks or other obstructions at all times.

C.

Grading. Given the relatively level topography within the specific plan area, development will result in modest changes to topography and ground surface features to primarily address drainage flow.

However, prior to the issuance of a grading permit, demolition or ground or vegetation disturbance, whichever occurs first, the developer shall submit to the city engineer for review and approval the following:

1.

A Comprehensive Engineered Grading Plan showing the tops and toes of all slopes, grade and width of access roads and parking areas, etc. To minimize the amount of grading and clearing of the property, the plan shall include provisions that grading and clearing be limited to the developed area (existing building pad, parking area, landscape, ingress/egress) as identified in Figure 6.

2.

An Erosion and Sediment Control Plan, related to grading or other earthwork to be performed in the specific plan area between October 1 and May 1 of any given year that construction takes place in the specific plan area. The plan shall identify potential erosion problems related to the development project, and measures to be employed to control such concerns. As a site in excess of one acre, the State of California requires that a Storm Water Prevention Plan (SWPPP) be incorporated as part of this plan.

D.

Construction. Throughout project construction under the Sonora Commercial Specific Plan, developer shall be required to comply with the following provisions:

1.

The developer shall be responsible for dust abatement during earthwork and construction operations. A watering truck(s) or other watering device(s) shall be on the project site on all days when natural precipitation does not provide adequate ground moisture for complete dust control. Said watering device(s) shall be used to spray water at the site at the end of each day and at other intervals, as the need dictates, to control dust.

All construction equipment is to be properly maintained in order to reduce exhaust emissions.

3.

Fugitive emissions from construction or site activities shall be controlled at all times using reasonably available control technology. Vehicle speeds of construction equipment shall be limited to 10 miles per hour.

4.

The developer shall ensure that all construction or site activities do not create a nuisance as defined in Air Pollution Control District Rule 205 at any point beyond the proposed project's property lines.

5.

All construction equipment to be acoustically muffled to reduce noise, in accordance with Caltrans Standard Specifications.

6.

Construction within the specific plan area shall comply with Section 17.33.030(7) of this specific plan regarding hours of exterior construction.

7.

Construction shall comply with final building design plans and elevations as approved by the community development director through the procedures set forth in the Sonora Commercial Specific Plan.

E.

Reserved.

F.

Fiscal Implementation. Implementation of the specific plan including, without limitation, construction of all infrastructure and private facilities contemplated in the specific plan, will be financed as follows:

1.

All infrastructure necessary to implement the specific plan will be privately funded (by way of debt and/or equity financing), except to the extent that the cost of components of the infrastructure is:

a.

funded by development impact fees, fair share contributions and other payments to public agencies; and/or

b.

reimbursed from any public source.

2.

All private improvements necessary to implement the specific plan will be privately financed (by way of debt and/or equity financing).

(Adopted by Ord. 796 on 10/28/2010)

A.

Permit Processing. Development within the specific plan area which substantially conforms to the provisions of the Sonora Commercial Specific Plan and the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures 6 through 9, shall be processed as a ministerial building permit and construction plan review. Any approval, decision, review or action in this respect shall be ministerial, final and not subject to appeal.

For the purposes of development anticipated under the Sonora Commercial Specific Plan, ministerial building permit and construction plan review includes any subsequent approvals, decisions, review or actions required by city agencies, entities or individuals (i.e., the Sonora Fire Department, the city engineer, the city building department). The purpose of these approvals, decisions, review or actions is to ensure compliance with the provisions of the Sonora Commercial Specific Plan and all applicable building codes and requirements of the city, county, state and other responsible agencies. Ministerial building permit and construction plan review shall be non-discretionary, final actions that cannot be appealed.

Except as set forth above, no additional approvals or permits shall be required for development or operation within the specific plan area. Any building permit or construction plan review can be submitted to the community development director for evaluation and finding of substantial conformance as described below. This includes modifications to the Sonora Commercial Specific Plan as well as modifications to the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures 6 through 9.

B.

Existing Uses. Existing uses or structures are not subject to the provisions of the Sonora Commercial Specific Plan provided a building permit has been obtained and is still valid at the time of the effective date of the provisions codified in this title.

C.

Substantial Conformance.

1.

Purpose of Substantial Conformance. The purpose of substantial conformance is to provide a mechanism for implementing the specific plan. During review of construction plans and building permit applications, the community development director or designee will have the limited ability to interpret the specific plan and determine that the proposed development is in substantial conformance with the Sonora Commercial Specific Plan. Substantial conformance may include, but is not limited to, inclusion of land uses not listed in Section 17.33.030 of the specific plan; modifications that might be necessary to comply with applicable

infrastructure, public services and facilities requirements, and landscape palette; and other issues. Substantial conformance shall not include modifications in the basic design of the project; significant changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses unless specifically permitted by the provisions of this specific plan.

The use of substantial conformance is intended to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the specific plan area. Determinations of substantial conformance (unless specifically noted otherwise) shall be made by the community development director or designee administratively, without the need for a public hearing. In making a determination of substantial conformance, the community development director or designee shall first make all the required findings set forth in this section.

2.

Guidelines for Determination of Substantial Conformance. The following guidelines define the provisions of the specific plan subject to determinations of substantial conformance, and the limits placed on the degree of variance from the provisions of the specific plan that can occur through the substantial conformance procedure.

a.

Permitted Land Uses. Land uses not listed as permitted in section 17.33.030 of this specific plan may be permitted, subject to a determination of substantial conformance, provided that:

(1)

The proposed use is compatible with the uses permitted described in section 17.33.030 of the specific plan; and

(2)

The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within section 17.33.030 of this specific plan.

b.

Infrastructure. Any modifications to the alignment of access roads; parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to substantial conformance review and approval by the community development director or designee. Prior to a determination of substantial conformance, the community development director or designee shall make the finding that the proposed modification will not result in any environmental impacts substantially greater than those which would occur in the absence of the substantial conformance determination.

c.

Environmental Mitigation Standards. The community development director or designee may approve minor variations from the environmental standards set forth in section 17.33.060 of this specific plan, subject to a determination of substantial conformance. In making such a determination, the community development

director or designee shall first find that the proposed variation provides substantially equivalent environmental protection as the originally approved standard.

d.

Other Specific Plan Provisions. Provisions of the specific plan including, but not limited to, architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and other plan details may be modified utilizing substantial conformance provisions. In making such a determination, the community development director or designee shall be required to find that the revisions requested under substantial conformance are consistent with the provisions of the Sonora General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the specific plan.

g substantial conformance provisions. In making such a determination, the community development director or designee shall be required to find that the revisions requested under substantial conformance are consistent with the provisions of the Sonora General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the specific plan.

A maximum of ten percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable with the project site), and fence and wall heights may be permitted subject to a determination of substantial conformance by the community development director or designee. In making such a determination, the community development director or designee shall be required to find that the revisions requested under substantial conformance are consistent with the provisions of the Sonora General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the specific plan.

The required parking spaces may be reduced by the community development director or designee subject to a determination of substantial conformance following preparation of a parking study that demonstrates the proposed reduction in parking spaces is justified based on the mix of uses within the specific plan area and the use of shared parking between those uses.

A comprehensive sign program may be submitted to the community development director for a finding that it substantially conforms with the signage requirements of the Sonora Commercial Specific Plan. Upon approval by the community development director as set forth above, any subsequent sign permit application that substantially complies with the comprehensive sign program shall be processed as a ministerial building permit and/or construction plan review. Any modifications to the sign program may be effectuated through a finding of substantial conformance.

D.

Substantial Conformance Procedure.

1.

Application and Filing Fee. Applications for the determination of substantial conformance shall be made on forms provided by the community development director or designee and shall be accompanied by a filing fee, equivalent to the fee for a site plan review application. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent.

2.

Hearing. No public hearing shall be required for a determination of substantial conformance.

3.

Action by Reviewing Authority. The reviewing authority for a determination of substantial conformance shall be the community development director or designee. The reviewing authority shall take action by providing written notice to the applicant approving, conditionally approving, or denying the determination of substantial conformance. The action of the community development director or designee shall be final with no appeal.

4.

Findings. The community development director or designee must make a determination of substantial conformance if all of the following findings, in addition to those identified above, can be made:

a.

The physical characteristics of the site have been adequately addressed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development.

b.

There is supporting infrastructure, existing or available, consistent with the requirements of the Sonora Commercial Specific Plan, to accommodate the development without significantly lowering service levels.

c.

The development resulting from the determination of substantial conformance will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area.

d.

The proposed improvements related to the development resulting from the determination of substantial conformance adequately address all natural and man-made hazards associated with the proposed development and the project site.

E.

Specific Plan Amendments.

1.

Purpose. Amendments to the Sonora Commercial Specific Plan shall be required for revisions that are beyond the scope of substantial conformance determinations. Specific plan amendments are governed by Government Code Section 65433 and the Sonora Municipal Code Chapter 17.68.

2.

Process.

a.

The specific plan may be amended or repealed only by a majority of the voters voting in an election thereon.

b.

Notwithstanding subsection (a), upon application of the fee title holder of the Sonora Commercial Specific Plan area, the city council may amend the specific plan to further the purposes of this specific plan, but in no case can such amendment reduce or eliminate the parties' obligation to fund, construct, or cause to be funded or constructed, the public benefits or mitigation measures required.

(Adopted by Ord. 796 on 10/28/2010; Ord. No. 914, § 3, 10-20-2025)

The specific plan includes environmental standards to ensure that development proceeds with appropriate environmental sensitivity. Environmental studies related to health risks, air quality, biological resources, geology and soils, hydrology and water quality, noise, public services and utilities, traffic, urban decay, and cultural resources were conducted for an expansion of the existing retail facility in the specific plan area. Environmental standards were developed from these environmental studies along with information from the City of Sonora General Plan.

All environmental standards shall be implemented in accordance with the specific plan's environmental standards and implementation process as outlined in Table 17.33.060-1. The developer of the specific plan area shall bear all costs of implementing the environmental standards.

Table 17.33.060-1. Sonora Commercial Plan Environmental Standards

(Adopted by Ord. 796 on 10/28/2010)

Figures 1 - 9

LEGAL DESCRIPTION OF SPECIFIC PLAN AREA Figure 1

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Local Vicinity Map Figure 2

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Existing General Plan Designations Figure 3

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Exising Zoning Designations Figure 4

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Surrounding Land Uses Figure 5

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Conceptual Site Plan Figure 6

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Conceptual Exterior Elevations Figure 7

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Conceptual Colors and Materials Figure 8

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Preliminary Planting Plan Figure 9

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(Adopted by Ord. 796 on 10/28/2010)

The city finds that the management of the city's hillsides is critical to maintaining the foothill character of Sonora which contributes to the economic, social and psychological well-being of its residents and visitors.

The purpose of this chapter is to provide a framework for the management of the city's hillsides and hilltops which both encourages compatible development and protects the city's natural setting for the present and

future benefit of residents and visitors by establishing predictable and consistent standards for hillside development.

(Ord. 708 (part), 1996.)

The provisions of this chapter shall apply to:

A.

Major residential subdivisions as defined in Section 16.02.030 of this code;

B.

Residential projects requiring a site plan review as defined in Section 17.52.020 of this code; and

C.

Minor land divisions as defined in Section 16.02.030 of this code, for residential purposes, only when the minor land division includes a hilltop. The community development director may waive the provisions of this chapter for minor land divisions including a hilltop where it is clear that new development on proposed hilltop lots will not significantly alter the hilltop. For the purposes of this chapter, hilltop is defined as a natural watershed boundary, or series of relatively high points along a landform that is often seen as the horizon line or skyline. A series of vegetation high points along a landform may be seen as the horizon line or skyline and be defined as a hilltop.

(Ord. 708 (part), 1996.)

The submittal of preliminary development plans for large projects is encouraged. A preliminary development plan may be submitted by an applicant, at his option, to the planning commission for the purposes of receiving an advisory opinion on the land use, density and other plan features being proposed. The plan shall be clearly labeled preliminary and shall include a location plan, plot plan showing the approximate location of buildings, building sizes and use, parking areas, circulation and may include any special features being proposed. The plan shall be of sufficient scale and accuracy to clearly show the intentions of the applicant.

A preliminary development plan shall be accompanied by an application and fees equivalent to one-half the fees normally required for planned developments. Application and fees shall entitle the applicant to one hearing before the planning commission and one advisory opinion of the proposed development.

An advisory opinion of the planning commission issued on a preliminary development plan shall not be construed as approval or disapproval of the project. The purpose of the advisory opinion is to provide assistance and advice to the applicant in the preparation of a formal proposal.

(Ord. 708 (part), 1996.)

17.34.040 - Development Plan

An application made pursuant to this chapter shall be accompanied by a development plan. The development plan shall include:

A.

A map showing the proposed street system, lot design and areas proposed to be dedicated or reserved for parks, greenbelts, playgrounds, school sites, public buildings or other uses.

B.

A plot plan showing the approximate location of each proposed building footprint or footprints including maximum and minimum distances between proposed buildings and between buildings and property lines, off-street parking areas, means of site access from primary streets and anticipated location and grades of proposed driveways.

C.

Elevations and/or perspective drawings of each proposed structure. Drawings need not be highly detailed or be the result of final architectural decisions. The purpose of such drawings is to indicate, within stated limits, the height and bulk of proposed buildings and to reflect consideration of the hillside and hilltop management guidelines, or of equivalent alternatives, in the overall project design.

D.

Geotechnical/soils report unless waived by the city engineer.

E.

Drainage control plan illustrating the methods to be used to comply with Section 17.34.110.

F.

Erosion control plan for construction during the period between October 15th and April 15th and indicating proposed methods for limiting on-site erosion as described in Section 17.34.120.

G.

A circulation plan indicating the proposed movement of vehicles, goods and pedestrians within the project site and to and from adjacent public thoroughfares and special engineering features and traffic regulation devices unless waived by the city engineer.

H.

A map showing the topography of the site before and after construction to engineering standards of scale; contour interval of two feet for grades to thirty percent, and five feet for grades thirty percent and above, or as agreed upon in preliminary development plan review; and including slope/density calculations as specified in Section 17.34.130. This map may be combined with the preliminary grading plan.

I.

A preliminary grading plan prepared by a registered civil engineer detailing existing and proposed grades; significant rock outcroppings; location and design of proposed retaining walls; the top, toe and slopes of all proposed cuts and fills; cross sections through the site, of sufficient number and scale as required by the city engineer. A materials sample for retaining walls shall be submitted.

J.

A landscaping plan as required pursuant to Chapter 12.20 of this code. A fuel modification plan may be requested as part of the landscaping plan to assess the extent of vegetation removal required for compliance with fire standards.

K.

An accurate, three dimensional representation (e.g. computer generated imaging, architectural rendering, physical model) of the entire project site which clearly delineates the proposed development of those areas being altered (clearing and grading limits) by the development. Where an EIR is required, visual simulation shall be required. When a negative declaration is required, visual simulation may be required. Visual simulation shall be submitted prior to issuance of a grading permit.

L.

Other information as deemed necessary by the community development director and city engineer to demonstrate compliance with the Sonora Municipal Code.

(Ord. 708 (part), 1996.)

17.34.050 - Modifications to Development Plan

Following public hearings for project approval, changes to the development plan, or in permit conditions, for the following shall require further public hearings and approval:

A.

Grading and/or clearing of areas not shown on the approved grading or development plan in excess of five percent of the disturbed areas shown on those plans;

B.

Removal of any heritage tree or removal of three or more trees six inches or greater in diameter at breast height identified for preservation in the project description or identified for preservation in the conditions of project approval; or

C.

Removal of a geological formation identified for preservation in the project description or identified for preservation in the conditions of project approval.

(Ord. 708 (part), 1996.)

The hillside preservation principles described in Sections 17.34.070 through 17.34.150 are preferred methods for achieving the purposes of this chapter. In addition, they are intended to provide guidance to new development for maintaining or avoiding or reducing impacts to visual quality in compliance with the California Environmental Quality Act.

It is recognized that hillside development is a function of site specific characteristics and a single formula cannot address the variables encountered in evaluating these complex projects. Therefore, creative alternatives and solutions may be substituted for or modify these standards. When alternative solutions are proposed, the following findings shall be considered by the city in evaluating the acceptability of the proposed alternative design proposal(s):

A.

The alternative achieves, to the same or a greater degree than the city's adopted standard, one or more of the following goals: reduces grading, increases fire safety, reduces erosion, protects views and view corridors, protects existing vegetation or creates, preserves or protects greenbelts, open space or watersheds; or

B.

The proposed alternative will not result in a greater visible change to the hillside than the city's adopted standard.

(Ord. 708 (part), 1996.)

New roads shall follow, rather than be perpendicular to, the natural contours of the hillside unless the city engineer determines that a perpendicular roadway is a desirable alternative to access the project site and substantial design features are included by the project proponent to reduce the visible impacts of grading.

With the approval of the city engineer and the fire chief, the following alternative road standards may be incorporated into project design when the design standard assists in maintaining a hillside or hilltop and maintains public safety:

A.

Reduced street widths on loop or cul-de-sac roads where the street will not be a bus route;

B.

Reduced shoulder widths for all categories of roadways to a minimum of two feet on both sides of the road or to four feet on one side of the road;

C.

Reduced centerline radii to promote slower traffic and to match existing contours while maintaining traffic safety;

D.

Reduced minimum lot width of up to fifty percent. Alternatively, flag lots may be permitted;

E.

Reduced turning bulb size or allow loop roads or hammerhead turnarounds in- lieu of turning bulbs. A turning bulb is defined as a section of roadway, circular in shape, provided for the purpose of reversing direction with one turning movement;

F.

Reduced roadway widths/or shoulder requirements for short distances where the reduction minimizes grading and/or preserves an important site feature, such as heritage tree or rock outcropping, or otherwise maintains hillside integrity;

G.

Split roadways generally increase grading when used on slopes, however, they may be used where it can be clearly demonstrated to the city engineer that the use of a split roadway will reduce grading or lessen visual impact. If permitted, each one-way road section in the split roadway shall be a minimum of sixteen feet in width, excluding on-street parking, to provide access for emergency vehicles;

H.

Underground utilities shall be located within the road Right-of-Way wherever feasible.

(Ord. 708 (part), 1996.)

The use of in-tandem parking and parking bays as an alternative to curbside parking is permitted and encouraged. Front setbacks for structures located along primary streets may be reduced with the approval of the community development director and the fire chief to allow the construction of off-street parking facilities adjacent to roadways.

(Ord. 708 (part), 1996.)

The location, width, design, grade, and type of material for driveways shall be sensitive to potential visual impacts, the terrain of the hillside and to fire safety concerns. To achieve this, the following shall apply:

A.

New development shall, where feasible, install common driveways on flag lots and/or adjacent lots and within subdivisions with five or more lots (CC&Rs to address joint maintenance agreement for common driveways).

B.

Driveways shall be constructed of asphalt concrete or an all weather surface (e.g. concrete, textured or stamped concrete, or interlocking pavers).

C.

Driveways serving structures located beyond one hundred fifty feet from a public street shall comply with fire department standards.

D.

Adequate site distance shall be maintained where driveways enter public or private streets.

E.

Driveways shall have a maximum grade of twenty-two percent as illustrated below:

==> picture [361 x 184] intentionally omitted <==

(Ord. 708 (part), 1996.)

All cut and fill slopes shall be kept to a minimum horizontal expanse or footprint and shall comply with the following:

A.

Cut Slopes. Cut slopes should be made as steep as possible while maintaining public safety. It is strongly suggested that cut slopes be as steep as technically justifiable in a geotechnical report. Where cut slopes will produce a horizontal disturbed earth area of fifteen feet or more in width, they shall be retained at the toe of the slope so that the horizontal disturbed earth area is no more than fifteen feet in width. Retaining walls should be constructed in compliance with the hillside preservation guidelines as described in Section 17.34.150.

B.

Fill Slopes. Fill slopes should not be steeper than 2:1 except for slopes that have a horizontal distance of five feet, which may be 1-1/2:1 when justifiable in a geotechnical report and/or when aesthetically

justifiable. Fill slopes producing a horizontal disturbed earth area of fifteen feet or more shall be retained at a point fifteen feet (maximum) from the top of the slope. Retaining walls should be constructed in compliance with the hillside preservation guidelines. (Ord. 708 (part), 1996.)

Drainage plans shall be submitted for all projects subject to this chapter and shall comply with "best management practices" and/or the following provisions:

A.

Drainage from the site shall be directed to natural drainage courses or perimeter ditches or similar devices which direct runoff to natural drainage courses or storm flowing swales. If perimeter ditches are used, they are to be maintained by the landowner.

B.

Where drainage empties into a natural drainage course, sedimentation traps, settling ponds, or other devices shall be installed to reduce siltation entering natural drainage courses.

C.

Drainage easements shall be recorded and indicated on the final map for all drainage structures which cross adjacent parcels. No increased or concentrated drainage shall cross exterior property lines without the existence of an easement or the consent of the downstream property owner, except where a natural drainage course or storm flow swale already exists.

(Ord. 708 (part), 1996.)

Erosion control plans shall be submitted for all projects subject to this chapter and shall comply with "best management practices" and/or the following provisions:

A.

All erosion control measures shall remain in place during any rainfall and shall be installed during the period October 15th through April 15th of the year of construction, or as determined by the community development director.

B.

All seeding and erosion control measures shall be maintained throughout the first winter/spring season following construction.

C.

Where erosion may drain into a natural drainage course located either on or off- site, sedimentation traps, settling ponds, or other devices shall be installed to reduce siltation entering natural drainage courses.

(Ord. 708 (part), 1996.)

The project engineer shall prepare and submit slope/density calculations for the project site. In calculating slopes to establish density criteria, the following formula, or alternative approved by the city engineer, shall be used:

S = [(I × L)/A] × 100, where S = the average slope in percent rounded to the nearest whole number; I = the contour interval, in feet; L = the combined length in feet of all contour lines within that portion of the project site with slopes of 10% or greater and A = the gross area of that portion of the project site with slopes of 10% or greater, measured in square feet, prior to further subdivision.

A.

Residential Construction. New residential development subject to this chapter shall not exceed the following slope/density maximums, except as provided herein:

10-15% - 6 dwelling units per gross acre

16-20% - 5 dwelling units per gross acre

21-25% - 4 dwelling units per gross acre

26-30% - 3 dwelling units per gross acre

31-35% - 2 dwelling units per gross acre

36-40% - 1 dwelling unit per gross acre

41-45% - .5 dwelling unit per gross acre (1 dwelling unit per 2 acres)

46-49% - .3 dwelling unit per gross acre (1 dwelling unit per 3 acres)

50%+ - .1 dwelling unit per gross acre (1 dwelling unit per 10 acres)

These maximums indicate densities which, when exceeded, are expected to increase fire hazard, grading, and erosion, substantially reduce vegetation and increase visible changes to hillsides which cannot be offset even with the application of special design features. For project sites with multiple average slopes, the project engineer shall calculate the total acreage subject to each average slope to assist in determining the appropriate density for each portion of the project site. These maximums are not intended to be used as a basis for requesting general plan amendments to increase densities on hillsides and hilltops where existing general plan designations and zoning establish stricter density standards.

B.

Density Bonus. Increased densities, of up to twenty percent of the maximums established above, may be granted for creative design solutions, or in response to site specific characteristics, which fulfill the purposes of this chapter. Preferred design alternatives include, but are not limited to:

Clustering structures where clustering results in reduced roadway surfacing and/or increased vegetation retention and open spaces;

2.

Concentrating development on hillsides and preserving the hilltop;

3.

Clustering structures in existing clearings to reduce vegetation removal; or

4.

Preserving seventy-five percent or more of the on-site vegetation.

(Ord. 708 (part), 1996.)

A landscaping plan, shall be submitted for new development subject to this chapter pursuant to Chapter 12.20 of this code, and the hillside preservation guidelines. Landscaping plans shall seek to maintain the preproject vegetative cover mix throughout a majority of the project site. Vegetation management may be achieved through avoidance, replacement or a combination of the two.

(Ord. 708 (part), 1996.)

To clarify and expand upon regulations set forth herein, the city shall adopt by resolution hillside preservation guidelines.

(Ord. 708 (part), 1996.)

If trees, soils or geologic formations, identified for protection through the environmental review process, are damaged, the city has the authority to stop construction and require that trees, geologic formations and soil be replaced to the city's satisfaction. Each and every violation of this chapter shall be a misdemeanor, with penalties assessed in accordance with Chapter 1.08 of this code. Each and every protected tree, soil area or geologic formation damaged or removed shall be a separate offense.

(Ord. 708 (part), 1996.)

The final decision of the decision-making body pursuant to this chapter shall be binding on all future property owners and users of the property subject to this chapter. Failure of any person to abide by the conditions of approval imposed pursuant to this chapter shall constitute a violation pursuant to Section 17.70.050 of this code.

(Ord. 708 (part), 1996.)

Decisions of the staff or the planning commission pursuant to this chapter may be appealed by the applicant or any interested party in accordance with the provisions of this title, upon payment of a fee as adopted by resolution of the city council.

(Ord. 708 (part), 1996.)

17.38 - Parcel Area

No building shall be constructed on a parcel unless in compliance with all the area requirements in this chapter.

(Ord. 376 § 10-4-2 (part), 1967.)

Provisions of this title imposed on minimum parcel area shall not apply to a parcel of record or a parcel divided and conveyed by valid deed or written contract of sale, executed before the effective date of such provision made applicable to such parcel.

(Ord. 376 § 10-4-2(A), 1967.)

No parcel shall be reduced in area so as to be smaller than required by this title, nor shall it be divided to create parcels smaller than required by this title. If already less in dimension or area, it shall not further be reduced or divided. Unless served by a community water system and public sewer system available to each residential parcel, no parcel shall be divided.

(Ord. 600 § 6 (part), 1985; Ord. 376 § 10-4-2(B), 1967.)

The parcel shall have the minimum area required by the zone regulations for the particular zone. In addition to compliance with the minimum parcel area, any parcel on which dwelling units or rental units are proposed shall also comply with the minimum parcel area for each such unit required by the zone regulations. An increase in the number of such units existing on a parcel shall not be allowed unless the parcel area per unit can be met, exclusive of land used or designed for other than residential uses on the same parcel.

(Ord. 376 § 10-4-2(C), 1967.)

The parcel shall further have the following minimum area requirements:

A.

When the parcel is not served by a public sewer system, ten thousand square feet per dwelling unit;

B.

When the parcel is not served by a community water system, ten thousand square feet per dwelling unit;

C.

When the parcel is not served by a public water system and is not served by a community water system, twenty thousand square feet per dwelling unit.

(Ord. 600 § 6 (part), 1985: Ord. 376 § 10-4-2(D), 1967.)

17.40 - Yards and Setbacks

No structure shall be constructed on any yard required by this title unless in compliance with all the requirements in this chapter.

(Ord. 376 § 10-4-3 (part), 1967.)

17.40.015 - Front, Rear and Side Boundary Lines; Corner Parcels

A.

Any portion or portions of any parcel fronting on a street Right-of-Way or easement, which has been dedicated or offered for dedication to the public, including an alley, or a private road Right-of-Way which provides primary access to more than four parcels, shall be construed to be the front boundary line. The boundary line opposite such front line shall be construed to be the rear boundary line, except where said parcel is a corner parcel. In the case of a corner parcel, the boundary lines opposite the front boundary lines shall be defined by the type of setback line for the adjoining parcels; if such lines are side boundary lines for the adjoining parcels, the lines are to be construed to be side boundary lines for the corner parcel. All boundaries other than front and rear boundary lines as defined in this section shall be construed as side boundary lines.

B.

If a parcel fronts streets on two or more adjoining sides, the minimum front yard required in all residential zones is reduced to ten feet on one of the streets.

(Ord. 801, § 2, 7-5-2011; Ord. 376, § 10-4-3(A)-part, 1967)

Zone regulations imposed on minimum parcel width shall not apply to a parcel of record, or a parcel divided and conveyed by valid deed, or written contract of said executed before the effective date of such provisions made applicable to such parcel. If such parcel has less than the minimum required width, the

minimum side yard required in all residential zones is reduced to five feet; provided, that the structure is not higher than one and one-half story. (Ord. 376 § 10-4-3(A), 1967.)

(Ord. 801, § 3, 7-5-2011, Ord. 376 § 10-4-3(A), 1967)

Editor's note— Ord. No. 801, § 3, adopted July 5, 2011, amended § 17.40.020, and in so doing changed the title of said section from "Applicability" to "Parcel width, reduced side setback," as set out herein.

An unenclosed and uncovered patio, terrace, stairway or landing not higher than three feet above the natural ground level may be located on the required yards. Cornice, eave, canopy, chimney, fire escape, unenclosed and uncovered balcony, patio, terrace, stairway or landing, and other similar projections or overhangs, higher than three feet above the natural ground level, may extend into the required yards to a distance of not more than two feet. (Ord. 376 § 10-4-3(B), 1967.)

(Ord. 801, § 3, 7-5-2011)

A fence, wall or hedge not higher than six feet above the natural ground level may be located on the required yards; provided, that in all residential zones such fence, wall or hedge is not higher than three feet above the natural ground level on corner parcels fronting on two or more intersecting streets, within a triangle formed by the intersecting rights-of-way and a line drawn between points on such rights-of-way thirty feet distance from their point of intersection. (Ord. 376 § 10-4-3(C), 1967.)

(Ord. 801, § 3, 7-5-2011)

Detached accessory structures not higher than one story or twelve feet may be located on the required rear yard up to five feet of the rear parcel line.

(Ord. 376 § 10-4-3(D), 1967.)

Where more than half the building sites along a street in one block in the same zone have been improved with buildings, the required front yard is the average of the front yards in improved building sites, but not to exceed the front yard required in that zone. (Ord. 376 § 10-4-3(E), 1967.)

(Ord. 801, § 3, 7-5-2011)

17.40.070 - Distance Between Detached Buildings

A.

The minimum distance between detached buildings on the same parcel is ten feet. However, when the minimum distance cannot be provided due to size, shape, or slope of the parcel, the building official may allow for a reduction of the minimum distance to one consistent with the provisions of the currently

adopted edition of the California-Building Code. In no event shall the minimum distance be reduced to less than six feet without approval of a conditional use permit as provided in Section 17.40.080 or a variance.

B.

The minimum width of an access court to a group of buildings on the same parcel is twenty feet.

(Ord. 801, § 4, 7-5-2011; Ord. 741 § 1, 1999: Ord. 376 § 10-4-3(F), 1967.)

A.

One carport per parcel in any residential district may have reduced setbacks providing all of the following criteria are met:

1.

The parcel area does not exceed one-half acre in size,

2.

The parcel has an existing residence fifty years of age or older.

3.

The parcel does not already have a garage or other covered parking. For the purposes of this section, a "garage" is defined as a covered structure accessory to a single or multi-family residential use and large enough to park a residential transportation vehicle. It may be freestanding or attached to a single or multifamily residence. A garage shall be entirely enclosed on at least three sides.

4.

The carport is for residential transportation vehicle uses only.

5.

The carport footprint does not exceed three hundred forty square feet.

6.

The carport wall height does not exceed eight feet and roof pitch matches that of the dwelling.

7.

The design, colors, and materials are compatible with the residence.

8.

The carport incorporates a noncombustible wall, or equivalent, acceptable to the building department and fire department, adjacent to the property line. Floor surfacing shall be of approved noncombustible

material.

9.

The location of the carport is approved by the community development department, and fire department,

10.

A building permit is secured,

11.

The construction of the carport will not interfere with existing utilities, rights-of-way, or easements.

12.

The carport is separated from other buildings by a minimum of six feet. Maximum building separation that can be accommodated on the parcel will be required. Carports shall be no closer than three feet to the property line.

13.

The structure is designed to withstand eighty-five mph winds.

14.

The structure is not constructed of fabric, canvas, vinyl or similar materials.

15.

The structure is anchored to the foundation (engineered plans may be required).

16.

Only one encroachment will be permitted per parcel unless otherwise approved by the building department and demonstrated to address all safety considerations.

17.

Shall be placed on an all-weather drivable surface and sloped for drainage.

18.

Storage above the carport is prohibited. The carport shall not be used for storage of other than a residential transportation vehicle.

19.

The total lot coverage for all structures including the carport is consistent with the floor area ratio for the applicable zoning district.

B.

A carport in excess of three hundred forty square feet in any residential district may be approved subject to acquisition of a conditional use permit obtained in accordance with Chapter 17.62 providing the carport complies with all other provisions of subsection A.

(Ord. 815, § 1, 4-1-2013; Ord. 801, § 5, 7-5-2011)

17.42 - Parking and Loading[[3]]

Footnotes:

--- ( 3 ) ---

State Law reference— For further provisions regarding parking and loading, see Chapters 10.04 and 10.08 of this code.

No structure shall be constructed unless open spaces for automobile parking and truck loading and unloading are permanently provided and maintained for the benefit of residents, employees, customers and visitors, within or outside of buildings or in a combination of both, in compliance with this chapter.

(Ord. 376 § 10-4-4 (part), 1967.)

Provisions of this chapter shall apply to all uses and buildings within a "parking and business improvements area" unless specifically modified by the ordinance establishing a "parking and business improvement area." All uses existent upon a parcel as of the effective date of the ordinance establishing a "parking and business improvement area" need not be required to provide additional parking spaces unless such use expands or changes in classification of use with a higher parking load as determined under this chapter. Unless a conditional use permit, variance, or zoning condition is granted under the provisions of this code, all new uses, new buildings or structures, additions, or alterations which increase the need for parking in the "parking and business improvement area" or create a parking deficiency as determined by the building official, planning commission or city council, shall provide additional parking in accordance with the provisions of the ordinance establishing the "parking and business improvement area."

(Ord. 578 § 1, 1983.)

A.

"Gross Floor Area". For the purposes of parking evaluation, "gross floor area" means the interior floor area, in square feet, of a business which is necessary for the operation of that business. "Gross floor area" includes all work areas, hallways, private bathrooms, and storage areas used and necessary for the business to be operated, except for common hallways, private or public bathrooms used by other businesses, and except for unmanned storage areas not open to the public or not normally open during normal business hours.

(Ord. 578 § 3, 1983.)

The required parking shall be provided on the parcel or contiguous parcel where the use is located. For nonresidential uses, the required parking may be provided on a parcel no farther than three hundred feet from the boundaries of the parcel where the use is located, providing, that the parcel is under the same ownership, or is leased for a minimum period of ten years by the owner of the property required to provide the parking, within the city, in the same zone or in a less restrictive zone, and that no major thoroughfare lies between the use and any of the required parking. The required loading shall be provided on the parcel where the use is located and no farther than twenty feet from the building to be served.

(Ord. 557, 1981: Ord. 376 § 10-4-4(B), 1967.)

The layout of parking stalls, loading berths, and parking aisles shall comply with all the following requirements:

A.

The required parking stalls, loading berths, and parking aisles may not be located on any street Right-ofWay.

B.

The required parking stalls, loading berths, and parking aisles, if outdoors, may be located on the required side and rear yards, and within the required front yards up to three feet from the street Right-of-Way.

C.

Each parking stall shall have a minimum size of nine feet by eighteen feet when outdoors and free of obstructions such as columns or walls; ten feet by twenty feet when indoors, or where columns or walls are located within the parking area. Each loading berth shall have a minimum size of twelve feet by thirty-five feet whether indoors or outdoors.

D.

Parking aisles shall have a minimum width of twelve feet when stalls are parallel to the aisle or up to an angle of forty degrees, seventeen feet when stalls are at an angle between forty degrees and seventy degrees, and twenty- three feet when stalls are at an angle between seventy degrees and ninety degrees.

E.

Parking stalls and aisles shall have a maximum grade of seven percent.

F.

Each parking stall and aisle shall have a minimum eight-foot vertical clearance. Each loading stall and access thereto shall have a minimum fifteen-foot vertical clearance.

G.

Each parking stall and loading berth shall have vehicular access to the street, without passing over other parking stalls.

H.

Up to one-third of all parking stalls in private parking lots may be marked "Small Cars Only" and may be eight feet by sixteen feet in dimension.

(Ord. 578 § 2, 1983; Ord. 462 § 1, 1974: Ord. 413 § 3, 1971; Ord. 376 § 10-4-4(C),1967.)

Improvements listed in this section shall be completed prior to the issuance of a certificate of occupancy by the building inspector:

A.

Each parking stall and aisle, except those accessory to one-and two-family dwellings, shall be graded, drained and surfaced, so as to prevent dust, mud or standing water, and shall be identified by pavement markings, to the satisfaction of the city engineer.

B.

Lighting, giving a ground level illumination of one to five footcandles, shall be provided in a parking area during the time it is accessible to the public after daylight. Lighting shall be shielded to prevent glare on contiguous residential buildings.

C.

A minimum four-foot high solid fence, wall or thick hedge shall be permanently maintained between any residential zone and a parking area serving a commercial use, where such area is contiguous to such a zone.

(Ord. 376 § 10-4-4(D), 1967.)

17.42.060 - Number; Parking Stalls

The following number of parking stalls shall be required, to serve the classifications of businesses or buildings listed:

A.

Retail Sales, Office, Bank, Studio, Retail Repair and Service, Eating and Drinking Establishment exclusive of drive-in or outdoor restaurants, Beauty Shops, Barbershops, Personal Service, and other similar uses deemed similar in burden of use with other compatible businesses in the downtown business district. One per two hundred gross square feet of floor area.

B.

Single-Family Dwelling, Residential Condominium, and Limited Multifamily Dwelling with Two to Four Dwelling Units per Structure. Two per dwelling unit.

C.

Multifamily Dwelling with Five or More Dwelling Units per Structure. One and one-half stalls per dwelling unit for studio, one, and two bedroom units. Two stalls per dwelling unit for three or more bedroom units.

D.

Roominghouse, or Boardinghouse, Motel, Hotel. One for each rental unit.

E.

Place of Assembly, Entertainment, Worship, or Mortuary. With fixed seating: One for each four seats.

Without fixed seating: Maximum building occupant load divided by four.

F.

Bowling Establishment. Four for each lane.

G.

Drive-in Eating and Drinking Establishment, Outdoor Restaurant. One per two hundred gross square feet of floor area plus one space for every four seats of maximum outdoor seating capacity with a minimum of five required.

H.

Pool and Billiard Tables, Pinball Machines and other Indoor Recreational Uses with four or more recreational units. Two for each recreational unit such as a table, range or machine.

I.

Miniature Golf Course. Two for each hole.

J.

Bulk Storage, Wholesale, Packing, Manufacturing, Processing, Services, Research or Public Utility. One for each employee of maximum working shift.

K.

Multiple Uses. The sum of the requirements for each use.

L.

Mixed Use Developments Outside of Zone A. When development plans include affordable housing units pursuant to an agreement with long-term affordability covenants and restrictions to maintain housing for low, very low or extremely low income housing, parking required for the residential component of the

development may be reduced to one stall per dwelling unit for units less than three bedrooms and to one and one-half spaces for units with three or more bedrooms.

M.

Second Story Residential Units in Zone A. If the landowner enters into an agreement with long-term affordability covenants and restrictions to maintain the housing for low, very low or extremely low income housing, parking required for the residential component of the development may be reduced to one stall per dwelling unit for units less than three bedrooms and to one and one-half spaces for units with three or more bedrooms. If the in-lieu parking fees are triggered for the residential units above commercial establishments, the fee shall be waived.

(Ord. 719 § 1, 1997; Ord. 666 §§ 1, 2, 1991; Ord. 578 § 4, 1983.; Amended by Ord. 832 on 11/16/2015)

17.42.070 - Number; Loading Berths

A minimum of one loading berth shall be required, in addition to parking stalls, for each five thousand square feet of floor area or part thereof to serve the following uses or buildings: office, bank, studio, retail sale, repair and service, bulk storage, wholesale, packing, manufacturing, processing, services or research, hospital, sanitarium.

(Ord. 376 § 10-4-4 (F), 1967.)

17.42.075 - Parking; When Required

A. This section shall not be construed to preclude the granting of a conditional use permit or parking variance under special circumstances pursuant to Section 17.42.080.

B. All new construction or additions to commercial buildings shall provide the number of parking stalls as required by this chapter.

C. No new parking spaces need to be provided for businesses which are existent and licensed, as of the effective date of Ordinance No. 671, unless such businesses are expanded in building structure, or result in a change in classification of use.

D. In evaluating the parking requirements for change of use, the following guidelines shall be used:

1.

Generally, all changes of use within use classifications listed under Section 17.42.060 having an equal parking requirement need not be required to provide additional parking. However, when the change of use creates a parking demand greater than five parking spaces, or is to a use with a higher parking requirement, then parking shall be provided for as outlined below.

2.

In Benefit Zone A, as defined by Chapter 3.36 of this code, parking need be provided for the new use as required by Section 17.42.060, less a five space credit for public parking provided in the downtown area.

Change of use from residential to commercial shall not receive the five space credit, but shall receive credit for the residential parking demand as enumerated by Section 17.42.060.

3.

In Benefit Zone B, as defined by Chapter 3.36 of this code, parking need be provided for the new use as required by the Section 17.42.060, less the parking demand for the previous use as enumerated by Section 17.42.060.

(Ord. 738 §§ 1, 2, 1999; Ord. 671 § 2, 1991.)

17.42.080 - Conditional Use Permit or Variance

When practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this chapter may result from the strict application of this chapter or certain provisions hereof, the council or the commission may grant a conditional use permit or variance, as the occasion may require, to authorize a specific exception to any regulation of this chapter, under the following conditions:

A.

Application for such conditional use permit or variance shall be made in accordance with the procedure specified in Chapter 17.62.

B.

The application must show that the granting of such application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

C.

The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing in or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, and will not be materially detrimental to the comprehensive general plan.

D.

Whenever the planning commission or the city council determines that a variance under this section shall be granted, before that variance is granted, the applicant shall agree to pay a fee to the city in the amount of one thousand five hundred dollars for each parking space that is required but not furnished.

E.

The applicant may request that the city enter into an agreement with the applicant which provides for payment of all fees due in installments over a period not to exceed five years. Installment payments shall not be less than seven hundred fifty dollars plus interest, and shall be due on January 1st and July 1st of each year. The interest rate charged for installment payments shall be the then current prime rate plus two percent.

(Ord. 671 §§ 3, 4, 1991; Ord. 629 § 1 (part), 1987; Ord. 562 § 1, 1982: Ord. 554 (part), 1981: Ord. 526 §§ 1, 2, 1979; Ord. 519, 1978; Ord. 404 § 1, 1970; Ord. 376 § 10-4-4 (G), 1967.)

Installment payments shall become delinquent if not paid on or before January 31st or July 31st of each year.

A.

Original Delinquency. Any applicant who fails to pay any fee imposed by this chapter within the time required shall incur a penalty of ten percent of the amount of the fee.

B.

Continued Delinquency. Any applicant whose installment payment remains delinquent for a period of thirty days following the delinquency date as set forth herein shall pay a second penalty in the amount of ten percent of the delinquent amount.

C.

Interest. In addition to any penalties incurred, all delinquent installment payments shall accrue interest at the rate of one and one-half percent per month, or fraction thereof, from the date on which payment became delinquent until paid.

D.

Merger of Penalties and Interest. Every penalty imposed, and all interest accrued on delinquent installment payments pursuant to this section shall become part of the installment payment due.

E.

Installment Payment Contracts. All applicants whose request for payment of in- lieu fees in installments is granted by the city shall enter into a contract with the city pursuant to the provisions of this chapter. Said contract shall contain a payment schedule which sets forth the amount of the installment payment due and the due date and delinquency date of each installment payment. Following execution of the contract, applicant shall make payments as set forth therein and shall receive no further notice of billing from the city.

F.

Required Parties. All contracts created pursuant to the provisions of this chapter shall be executed by the applicant and the owner of property affected, if different than the applicant. All signatures on the contract shall be acknowledged before a notary public.

G.

Consent to Lien. At the time of the execution of the contract form pursuant to this chapter, the owner of the property affected shall do all acts and execute all documents necessary to create a valid lien on the property affected in the total amount of the in-lieu fees established pursuant to the Section 17.42.080(D) of

this chapter. The city shall release its lien upon payment in full of all in-lieu fees, plus any unpaid penalties and interest.

(Ord. 671 § 5, 1991.)

A.

Upon the sale or transfer of the real property which is affected by the installment payment contract pursuant to Section 17.42.080 of the Sonora Municipal Code, all unpaid in-lieu fees and any penalties and accrued interest shall be paid in full unless a request to allow the assumption of the installment payment contract has been approved by the city council as herein provided.

B.

The owner of real property which is subject to any installment payment contract may apply to the city council for approval of the transfer of the installment payment contract to a new buyer of the property. The application for transfer of the installment payment contract shall be made in writing submitted to the clerk of the city. The city council may grant any such application on terms and conditions it deems appropriate to the circumstances; however, the following conditions must be included:

1.

All delinquent installment payments plus penalties and interest accrued thereon must be paid in full;

2.

The new owner shall agree to the amendment of any existing installment payment contract to include the provisions of this ordinance, if necessary;

3.

The new owner shall pay a transfer fee in an amount to determined by the city council. Said fee may be changed by the city council, from time to time, by resolution.

4.

This section shall apply to all pending transfers of affected property on the effective date of this ordinance as well as all pending requests for approval of transfers of installment payment contracts on that date.

(Ord. 629 § 1 (part), 1987.)

The purpose of this section is to allow cargo containers, as defined in this Title, to be placed on private property in a manner that is safe and secure, will not create adverse impacts to either the property on

which they are located or to the immediate neighborhood, will achieve community architectural and design standards, and will not become a nuisance to the community.

(Adopted by Ord. 891 on 6/9/2023)

Temporary use of cargo containers shall be allowed as follows:

A.

No cargo container permit shall be required when the cargo container is used during construction and a valid building permit is active for the property; provided, that use and placement is approved by the Building Official and Fire Department.

B.

No cargo container permit shall be required to place a cargo container on private property for a period of ten (10) days or less; provided, that all applicable conditions of approval listed in section 17.44.080 of this chapter are met. For residential uses only, such temporary cargo containers are not required to be screened and may be placed in the front yard on a paved driveway so long as the cargo container does not encroach into the landscaped area, onto sidewalks, or into public rights-of-way, and there is sufficient room to open the garage door to allow access and egress in case of emergency.

C.

A temporary use of land permit shall be obtained from the Community Development Department for a period of greater than ten (10) days but no more than three (3) months each year; provided, that all of the conditions of approval applicable in section 17.44.080 of this chapter are met, with the exception that cargo containers screened from public view from the public Right-of-Way or an adjacent property shall not be required to meet the design requirements of section 17.44.080(K) of this chapter. The complete application shall be provided with a fee in the amount of $100.

D.

The cargo container must be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit.

(Adopted by Ord. 891 on 6/9/2023)

City-owned property and City Uses. For city-owned property and city uses (regardless of the underlying zoning district), one or more cargo containers for storage use may be permitted with approval of the Community Development Director. The number of cargo containers allowed and the time period for which a cargo container may be used under this subsection shall be established by the Community Development Director.

(Adopted by Ord. 891 on 6/9/2023)

A use permit shall be required prior to placing a cargo container on any private property for more than three (3) months. The approval shall be specific to a location and shall not be transferable to other locations or property. An application for a use permit shall be submitted for approval of a cargo container not less than sixty (60) days before the use is intended to begin. The application shall be on a form prescribed for that purpose by the Community Development Department and shall include the written consent of the owner of the property on which the use is to be located.

(Adopted by Ord. 891 on 6/9/2023)

No cargo container may be placed in the public Right-of-Way unless an encroachment permit is approved and issued by the Community Development Department.

(Adopted by Ord. 891 on 6/9/2023)

17.44.060 - Cargo Container Use Permit Application Review and Approval

All procedures for processing cargo container use permit applications shall be in accordance with those outlined in Sonora Municipal Code 17.62, Use Permit and Variance Procedure.

A.

Once the use permit application has been accepted as complete, the Community Development Director or designee shall refer the use permit application to City Departments and any other agencies deemed appropriate by the Community Development Director for comment.

B.

In considering application for a use permit pursuant to this section, the Planning Commission shall approve the permit only if the following findings are made and subject to the limitations and conditions of this section:

1.

The proposal is consistent with the General Plan, the zoning ordinance, the design guide lines, and any other applicable plans or standards applicable to the property; and

2.

The proposal meets all applicable design standards and provisions of this section; and

3.

The proposal is in harmony with the existing or proposed development in the general area or neighborhood and will be compatible with adjacent structures and uses, including those on adjoining properties; and

That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, walls, fences, parking, loading, landscaping, and other features required by the Sonora Municipal Code or the Planning Commission to make sure such use is compatible with the land and uses in the vicinity; and

5.

Any structural element contained within the proposal is of high-quality design consistent with the intent of the Sonora General Plan and the exterior design, appearance, materials, and colors will not cause the nature of the neighborhood to materially depreciate; and

6.

The proposal will not otherwise constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community.

(Adopted by Ord. 891 on 6/9/2023)

17.44.070 - Fee

A fee shall be paid by the applicant according to the fee schedule set by the City Council for use permit applications.

(Adopted by Ord. 891 on 6/9/2023)

17.44.080 - Conditions of Approval

In authorizing any use permit for a cargo container, the Community Development Director shall include as conditions of approval the following minimum provisions:

A.

Accessory use. A cargo container may be erected on a property when the use thereof is clearly incidental and secondary to the primary use of the property: For purposes of this section, a cargo container shall not be issued for a property where there is no approved primary use. The primary use of the property shall dictate which development standards are applicable to placement of the cargo container.

B.

Height. Cargo container(s) shall not be stacked and shall not be greater than ten (10') feet in height including the foundation system, as measured from the property grade.

C.

Setbacks. Cargo container(s) shall meet all applicable side and rear setback requirements. Cargo container(s) shall not be permitted in any front yard setback or areas adjacent to front yard setbacks visible to the public.

D.

Location. The proposed location shall not interfere with other uses, pedestrian/vehicular visibility, required parking, landscaping, or circulation on the property, or create any other safety problem. The cargo container(s) shall not be placed in a "fire lane" or other fire access lanes. The cargo container(s) must be accessible by a paved drive aisle. Cargo containers are not allowed to be placed permanently within the historic area as defined in Sonora Municipal Code Section 17.32.030(B).

E.

Contents. Cargo containers permitted pursuant to this Chapter are for permitted for storage purposes only. Human occupancy is prohibited. No hazardous materials and combustible or flammable liquids may be stored in the container.

F.

Screening. Cargo container(s) shall be screened from view from the public right- of-way and from view of adjacent residential uses or districts using methods such as, but not limited to, line of sight behind buildings or walls with landscaping and construction of walls with vines.

G.

Number and size. The number shall be limited to one (1) container per property, no greater than forty (40') in length. Lot coverage cannot exceed the allowed amount for the specific zone district.

H.

Signs. No advertising or directional signs shall be mounted, painted, or displayed on the container except that temporary containers may display the rental or leasing company name and/or logo permanently affixed or painted on the container.

I.

Building permit. A building permit shall be required for all permanent cargo containers. Doors shall be modified to allow persons to freely exit the cargo container.

J.

Foundation system. All permanent cargo containers must be structurally secured to a foundation system approved by the Building Official.

K.

Design. All applicable development standards and design guidelines for the zoning district shall apply. Permanent cargo containers must be painted to match the primary building to achieve architectural compatibility.

(Adopted by Ord. 891 on 6/9/2023)

All cargo containers existing in the city as of the effective date of the ordinance codified in this section shall conform to the following:

A.

Cargo containers for which prior approval was granted by the city or another agency with jurisdiction over the permit issuance shall be allowed to remain, subject to continued compliance with their original conditions of approval, if any.

B.

Cargo containers that have been installed without prior approval of the city shall be removed within ninety (90) days of the effective date of this ordinance or shall be brought into conformance with the requirements of this chapter.

(Adopted by Ord. 891 on 6/9/2023)

17.46 - Trailer Regulations

17.46.010 - Trailer Defined

In this chapter, "trailer" means a vehicle with or without motor power used or designed to be used for human habitation.

(Ord. 413 § 2 (part), 1971: Ord. 376 § 10-4-6B (part), 1967.)

17.46.020 - In Residential Zone

A vacation trailer may be stored on a parcel in a residential zone, providing it is not connected to sewer, water, gas, electricity or telephone lines, and is not located on the required front yard, or used for human habitation.

(Ord. 376 § 10-4-6(A), 1967.)

Temporary structures or trailers for housing tools or equipment or containing supervisory offices in connection with construction projects or for providing public utility services during an emergency may be established and maintained only during active progress of construction on the same property or during the emergency. No trailer shall be used as a business building otherwise unless the same complies with the requirements of Chapter 17.56.

(Ord. 413 § 2 (part), 1971: Ord. 376 § 10-4-6B (part), 1967.)

It is unlawful for any person or persons to use a trailer for living quarters within the city unless such trailer is parked in an autocourt or trailer park duly approved and licensed by the state, under the provisions of the State Housing Act.

(Ord. 600 § 7 (part), 1985.)

It is unlawful for any property owner to permit any person to park a trailer on his property for the purpose of using the trailer as living quarters within the city, unless such trailer is parked in an autocourt or trailer park duly approved and licensed by the state under the State Housing Act.

(Ord. 600 § 7 (part), 1985.)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a term not exceeding thirty days, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment.

(Ord. 600 § 7 (part), 1985.)

No parcel shall be used as a mobile home park unless in compliance with all the requirements in this chapter.

(Ord. 376 § 10-4-7 (part), 1967.)

The parcel used as a mobile home park shall have a minimum area of three acres.

(Ord. 376 § 10-4-7(A), 1967.)

Each mobile home site shall have a minimum area of three thousand square feet exclusive of the roadway.

(Ord. 376 § 10-4-7(B), 1967.)

One community open space of a minimum area of two hundred square feet for each mobile home site shall be provided, exclusive of the manager or caretaker area.

(Ord. 376 § 10-4-7(C), 1967.)

Each mobile home contiguous to the property boundaries of the park shall comply along such boundary with the minimum yards required in the zone where it is located. The mobile home shall be set back a minimum of five feet from the interior roadway.

(Ord. 376 § 10-4-7(D), 1967.)

Screening consisting of a solid fence or wall, or thick hedge, with a height of six feet or more shall be provided along property boundaries.

(Ord. 376 § 10-4-7(E), 1967.)

No structure shall be located within six feet of a mobile home, except a portable or demountable cabana approved by the State Division of Housing.

(Ord. 376 § 10-4-7(F), 1967.)

A roadway shall be provided to each mobile home site with a minimum width of twenty- five feet, a maximum grade of seven percent and a minimum centerline radius of one hundred feet. All roadways, mobile home driveways and pads shall be graded, drained and surfaced so as to prevent dust, mud or standing water.

(Ord. 376 § 10-4-7(G), 1967.)

Each mobile home site shall be served by collecting sanitary sewage, storm drainage and water systems, and fire hydrants, approved by the county health officer and the city engineer.

(Ord. 376 § 10-4-7(H), 1967.)

17.49 - Mobile Homes on Private Lots

The city council finds that there is great uncertainty as to how mobile homes located on permanent foundation systems on private lots will affect the appearance of neighborhoods, property values and community plans now adopted or being prepared. It is therefore intended that mobile homes located on permanent foundation systems on private lots be permitted subject to these regulations.

(Ord. 552 (part), 1981.)

Mobile homes located on permanent foundation systems on private lots are permitted pursuant to this chapter, in zones designated R1, excepting therefrom historical zones.

(Ord. 552 (part), 1981.)

17.49.030 - Intent

It is the intent of this chapter to increase the supply of single-family housing and variety of housing types available to the public by establishing a method to locate mobile homes on permanent foundation on private lots while protecting the surrounding neighborhood from potential adverse effects.

(Ord. 552 (part), 1981.)

A mobile home which has been placed on a private lot and on a permanent foundation system pursuant to this section shall be deemed to be a mobile home, and is subject to the local property taxation pursuant to Section 18551 of the California Health and Safety Code and Section 109.7 of the California Revenue and Taxation Code.

(Ord. 552 (part), 1981.)

A mobile home may not be located on a permanent foundation system on a private lot unless and until a permit has been issued and the foundation construction approved by the building department.

(Ord. 552 (part), 1981.)

A mobile home shall not be located on a permanent foundation system on a private lot unless it:

A.

Was certified under the National Mobile Home Construction and Safety Standards Act of 1974 or was constructed after July 1, 1976, and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and

B.

Has not been altered in violation of applicable codes.

(Ord. 552 (part), 1981.)

Mobile homes located on a permanent foundation system on a private lot shall:

A.

Be occupied only as a single-family residence;

B.

Be subject to all provisions of the zoning laws applicable to residential structures;

C.

Be attached to a permanent perimeter foundation system in compliance with all applicable laws and seismic regulations;

D.

Have a minimum width of twenty feet;

E.

Conform to and have compatibility with the architectural design of two-thirds of the conventional homes within two hundred feet of the boundary of the private lot on which the mobile home is to be located, with regard to:

1.

Pitched roofs,

2.

Eave overhangs,

3.

Roofing material,

4.

Siding or exterior material,

5.

Number of stories;

F.

Require a certificate of such compatibility, from the building department, stating the architectural standards which will prevail for the proposed mobile home site, prior to issuance of permit for placement thereon being issued. The fee for such certificate of compatibility shall be as adopted by resolution of the city council.

(Ord. 552 (part), 1981.)

17.49.080 - Modification of Criteria

No modification may be granted from Section 17.49.070.

(Ord. 552 (part), 1981.)

The building inspector shall determine that the proposed placement, and placement, is in compliance with all requirements and conditions of the certificate of compatibility and the permit prior to issuing final approval of occupancy.

(Ord. 552 (part), 1981.)

Subsequent to applying for the required building permits, and prior to occupancy, the owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

(Ord. 552 (part), 1981.)

Prior to installation of a mobile home on a permanent perimeter foundation system, the mobile home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the State Health and Safety Code.

(Ord. 552 (part), 1981.)

17.50 - Wireless Telecommunication Facilities

The purpose of this chapter is to establish standards for the development, siting and installation of wireless telecommunication facilities; to protect and promote public health, safety, and welfare; and to preserve view corridors and the city's historic character; and avoid adverse visual and environmental impacts.

(Ord. 376 Resl. 10-4-8(A), 1967; Adopted by Ord. 845 on 12/18/2017)

The following wireless telecommunication facilities are exempt from the requirements of this chapter:

A.

Government owned communication facilities used primarily to protect public health, welfare and safety.

B.

Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services, for use in the provision of those services.

C.

Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site.

(Ord. 376 Resl. 10-4-8(A), 1967; Adopted by Ord. 845 on 12/18/2017)

Installation of a new wireless telecommunication facility or significant modification, as determined by the community development director, of an existing facility, shall require a use permit and design review approval in the same manner as other permits under Chapters 17.32 and 17.62.

A.

The co-location, defined as two or more wireless telecommunication service providers sharing one support structure or building for the location of their antennas and equipment, of a permitted wireless telecommunication facility or minor modification of a permitted existing facility, shall only require design review.

B.

In addition to any other requirements, all applications shall, at a minimum, include the following:

1.

A report explaining why the wireless telecommunication facility is needed at the requested location. All wireless telecommunication facilities shall be encouraged to make available unused space for co- location of other wireless telecommunication facilities, including space for those entities providing similar, competing services. Any applicant seeking to construct a new transmission tower shall explain why colocation or location on another kind of support structure is not feasible, including efforts made to develop such an alternative.

2.

Plans that include a fully dimensioned diagram of the proposed facility, including height, shape, size and type of construction. Plans for a transmission tower must include information demonstrating that the structure will be able to accommodate at least one other similar telecommunication provider. A diagram showing the separation between the proposed facility and any existing facility or facilities on the same support structure or site is required if co-location is planned.

3.

A fully-dimensioned site/landscaping plan that includes specific placement of the proposed tower, equipment shelters, and any other facility on the site, elevation drawings, setbacks from the property lines, location of any existing structures, trees, and any other significant site features. A notation of those features proposed to be removed and the type and locations of any plant materials proposed to screen the facility. The proposed materials and colors for the facility.

Photo-simulations showing views of the proposed facility from surrounding properties and public Right-ofWay and surrounding viewsheds.

C.

The applicant shall submit application materials and fees as required by the community development department.

(Adopted by Ord. 845 on 12/18/2017)

Wireless communication facilities shall not be constructed, installed or modified, prior to obtaining a city building permit.

(Adopted by Ord. 845 on 12/18/2017)

A.

Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zoning district.

B.

Height. The height of any antenna or support equipment shall be determined as part of the use permit process on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.

C.

Site Access. Telecommunication facilities should use existing roads and parking whenever possible. Any new access roads and parking improvements shall be reviewed under the use permit process.

D.

Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation, antenna(s) and equipment, shall be designed to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it effectively unnoticeable to the casual observer.

1.

Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.

2.

Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.

3.

All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed. Electrical and telephone service to the support equipment shall be undergrounded.

4.

Ground-mounted antennas, poles, structures, equipment, or other parts of a telecommunication facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.

E.

Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are actually present at night, and except for exempt facilities.

F.

Historic Buildings. Any wireless facility located on a historic building or site shall be designed to ensure consistency with the Secretary of Interior Standards for Remodeling and Rehabilitation.

G.

Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the city with a notice of intent to modify site equipment in any way. At the time of modification, colocation, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the community development director. Unused or obsolete equipment or towers shall be removed from the site within ninety days after their use has ceased.

H.

Number of Facilities per Site. The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.

I.

Noise. Each facility shall be operated in a manner that minimizes any possible disruption caused by noise to people working and living in the vicinity. At no time shall equipment noise from any source exceed an exterior noise level of fifty-five dB at the property line or within twenty feet of such equipment, whichever is less. This requirement may be modified at the discretion of the community development director where

typical ambient noise levels exceed fifty-five dB. Outdoor noise-producing construction activities shall take place as allowed under Chapter 8.20.

J.

Backup Generators. Any facility utilizing temporary backup generators shall be required to meet or exceed air pollution control district standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the air pollution control district. Project plans shall indicate location, size, horsepower, and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place as allowed for construction under Chapter 8.20.

K.

Biological Impacts. Wireless telecommunication facilities shall minimize potential impacts to biological resources to the greatest extent possible.

L.

Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunication facility that the city has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the city and shall be subject to use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation as established by the use permit, at the expense of the facility owner/operator.

M.

Airport Operations. Wireless communication facilities shall not be sited in locations where they will interfere with the operation of the Columbia Airport.

N.

Radio frequency and electromagnetic exposure shall comply with all FCC regulations.

O.

Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions.

P.

Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the community development director, upon receipt of written complaints, the use permit allowing a telecommunication facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or the use permit may be revoked.

Q.

Interference with Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of the park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.

R.

City Inspection. The city shall have the right to access facilities after twenty-four hours written or verbal notice.

(Adopted by Ord. 845 on 12/18/2017)

It shall be the responsibility of the owner/operator of a telecommunication facility to provide the city with a notice of intent to vacate the site a minimum of thirty days prior to ceasing operation. Any wireless telecommunication facility that is not operated for a continuous period of ninety days shall be removed within ninety days of the date upon which the operation ceased.

(Adopted by Ord. 845 on 12/18/2017)

Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this chapter. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the community development director may schedule a public hearing before the Sonora Planning Commission to consider revocation of the permit.

(Adopted by Ord. 845 on 12/18/2017)

17.52 - Site Plan[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 802, § 1, adopted July 5, 2011, replaced former Ch. 17.52, which pertained to similar subject matter and derived from Ord. 767, § 5, 2004; Ord. 600, § 8, 1985; and Ord. 376, §§ 10-49(part), (A)—(C), 1967.

A.

The purpose of this chapter is to provide the city with a mechanism for the review of site development on established buildable lots that are vacant, partially developed, or currently developed.

B.

Provisions of this chapter shall apply to all zoning districts.

C.

A site plan shall be submitted prior to construction of the following unless otherwise exempted pursuant to Sections 17.52.020, 17.54.030, or permitted pursuant to Chapter 17.55:

1.

Mobile home parks.

2.

Construction of one or more duplexes, triplexes or other multi-family structure or structures in the R-2 or R- 3 zoning district totaling four or more total units on a single parcel (regardless of total floor area) providing that the land area of the parcel is large enough to meet all other terms of this title and the Sonora General Plan.

3.

Any new commercial or industrial building, except as provided in Section 17.52.020 Exemptions.

4.

Expansion of any existing commercial or industrial building or buildings that increases the existing, combined total floor area of all structures by two hundred square feet or more, except as provided in Section 17.52.020 Exemptions.

D.

Design review also shall be conducted if required per Chapter 17.32.

(Ord. 802, § 1, 7-5-2011; Amended by Ord. 846 on 12/18/2017)

17.52.020 - Exemptions

No site plan is required for:

A.

Agricultural buildings to be used for agricultural purposes, provided all setbacks of the zoning district are met.

B.

Single family residences.

C.

Second dwelling units in accordance with Chapter 17.55.

D.

Accessory structures where the addition of the accessory structure does not impact required setbacks, landscaping, parking or drainage. For the purposes of this section, an accessory structure is one totaling less than one hundred twenty square feet (as measured from the outside of the exterior walls of the structure).

E.

Exterior repairs.

F.

Interior remodeling that does not involve a change of use.

G.

For sites previously subject to an approved site plan, construction (expansion) adding less than two hundred square feet upon issuance of a written waiver by the community development director. This exemption may be applied only once per parcel.

H.

Construction adding appurtenances (e.g., fences, overhangs) to exterior areas in conjunction with a permitted use on the site prior to making a new addition upon issuance of a written waiver by the community development director.

I.

Construction of a duplex, triplex, or other multi-family structure totaling up to three units on a parcel zoned for that use (regardless of total floor area) provided that all other requirements of this title and the Sonora General Plan can be met. (See Section 17.52.010 for construction of four or more total units in multi-family structures per parcel.)

(Ord. 802, § 1, 7-5-2011; Amended by Ord. 846 on 12/18/2017)

A.

Applications for site plan review shall be submitted to the community development department on forms prescribed by the community development director for that purpose. Such applications shall be accompanied by a fee adopted by resolution of the city council.

B.

Upon determining that the application is complete, the community development director will schedule the site plan for consideration by the city planning commission at a public hearing. The commission may

approve, approve with conditions, or disapprove the site plan. Disapproved plans may be resubmitted after revision within one year, subject to payment of additional fees by the applicant at a cost of fifty percent of the original fee.

C.

No building permit shall be issued except in conformance with the approved site plan. Minor revisions to the site plan that are in substantial conformance with the approved plan, as determined by the community development director, will not require additional planning commission review. Revisions not in substantial conformance with the approved plan shall return to the city planning commission for reconsideration.

(Ord. 802, § 1, 7-5-2011)

No building permit shall be issued to construct, erect or move onto any lot any building, except single family residences and duplexes, unless provisions have been made for placement underground by the developer all existing and new electric and telephone facilities, fire alarm conduits, street lighting wiring,

cable television and other wiring conduits, and similar facilities. The community development director may grant a modification, including a complete waiver of the undergrounding requirement of existing facilities, upon determination that undergrounding is unfeasible after considering voltage, project size, or location of the proposed development.

(Adopted by Ord. 846 on 12/18/2017)

17.52.040 - Findings for Approval

In considering approval of a site plan, the following findings shall be made:

A.

The proposal is consistent with all applicable provisions of the Sonora Municipal Code and other local, state and federal laws; and

B.

The proposal is consistent with the Sonora General Plan; and

C.

The project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant adverse effects upon environmental quality and natural resources that cannot be properly mitigated and monitored, unless a Statement of Overriding Consideration is adopted; and

D.

There are adequate provisions for public and emergency vehicle access, fire and police protection, sanitation, water, and public utilities and services to ensure that the proposed development will not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection

facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land; and

E.

The subject site is:

1.

Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by the Sonora Municipal Code; and

2.

Served by streets adequate in width and surfacing type to carry the quantity and type of traffic generated by the proposed development.

F.

The use will not produce odors, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, hazardous or waste materials beyond the confines of the property onto contiguous properties or into the air or watercourses to an extent constituting a nuisance and does not constitute a physical hazard to persons or properties beyond the confines of the property by reason of fire, explosion or similar cause.

(Ord. 802, § 1, 7-5-2011)

Appeals to the decision of the city planning commission on any Site Plan may be made in accordance with the provisions of Section 17.62.100 of this title.

(Ord. 802, § 1, 7-5-2011)

A Site Plan approved by the Commission shall expire and become null and void one year after the date of approval unless the authorized use is carried out, a building permit has been issued for the use by the date of expiration, or an extension has been issued by the city.

(Ord. 802, § 1, 7-5-2011)

17.54 - Number of Structures on Single Parcel

Nothing in this title shall be interpreted to mean that an owner of a parcel of land, as defined in this chapter, shall be allowed to construct, by right, more than one dwelling unit or apartment building, including a "duplex," "triplex" or "fourplex," on a single parcel of property within the R-2, R-3 or CO zones.

(Ord. 493 § 1 (part), 1976: Ord. 376 § 10-4-10 (part), 1967.)

"Parcel" means the same thing as the word "lot" as used in the Subdivision Map Act of the state. The more inclusive definition of the word "parcel" found in this title which could include several lots if they were located adjacent to each other is suspended for this chapter only. Nothing in this chapter shall be held to prevent an owner of several lots which are adjacent to each other from constructing more than one building on his total property holding; one building may be built on each separate lot.

(Ord. 493 § 1 (part), 1976: Ord. 376 § 10-4-10 (part), 1967.)

17.54.030 - More Than One Dwelling; Use Permit

Construction of more that one single-family dwelling unit on a single parcel zoned R-1, R-2, R-3, is permitted subject to the provisions of Chapter 17.55 (Second Units).

For multi-family dwellings, see Sections 17.52.010 and 17.52.020.

(Ord. No. 802, § 2, 7-14-2011; Ord. 493 § 1 (part), 1976: Ord. 376 § 10-4-10 (part),1967.)

17.55 - Accessory Dwelling Units

The purpose of this chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units in compliance with Government Code Sections 65852.2 and 65852.22. This Section establishes standards for the development and operation of accessory dwelling units, previously known as secondary residential units and hereafter referred to as "ADUs." All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) approved by this Section are deemed to not exceed the allowable density for the lot upon which the accessory dwelling 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. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

Accessory dwelling units (ADUs) are allowed in all zoning districts that allow single- family and multifamily dwelling residential subject to compliance with the development standards of the underlying zoning district for the primary dwelling and the requirements of this Section. If a conflict arises between the general development standards of the property's zone district and the development standards applicable to ADUs, the development standards of this Section shall supersede any conflicting development standard.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

Attached ADU. An attached ADU is within or directly connected to an existing or proposed primary dwelling or its attached garage, having a wall and/or other conditioned space in common. This can include remodeling an existing permitted living space into an ADU, converting existing non-living space into an ADU, adding square footage or an additional floor to the primary dwelling or its attached garage to create an ADU.

B.

Detached ADU. A detached ADU is physically separated from an existing or proposed primary dwelling and its attached garage, not sharing a common wall or other conditioned space. This includes converting an existing detached legally constructed structure into an ADU, adding square footage or an additional floor to an existing detached structure to create an ADU, or constructing a new detached structure to create an ADU.

C.

Junior ADU (JADU). A JADUs is a smaller type of attached dwelling unit that is no more than 500 square feet in size. Standards for JADUs are described in Subsection 17.55.100 below.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

An ADU that conforms to the development standards in this Section is deemed to be an accessory use and/or an accessory structure and will not be considered to exceed the allowable density for the lot upon which it is located.

A.

Single-family parcels. One accessory dwelling unit (attached or detached) and one junior accessory dwelling unit (JADU) shall be permitted on a legal parcel developed with one single-family dwelling. An ADU and/or JADU may be developed concurrently with a new single-family dwelling; however, final occupancy of the ADU/JADU shall not be issued prior to final occupancy of the new main dwelling.

B.

Multifamily parcels. JADUs are prohibited on multifamily lots. On a lot with existing multifamily dwellings, the property owner of the underlying parcel may choose one of the following methods to create ADUs:

1.

Detached ADUs. Up to two detached ADUs shall be permitted with 16- foot height limits and 4-foot rear and side yard setbacks.

2.

Converted ADUs. Converted ADUs within portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, attached

garages) shall be permitted; the number of converted ADUs permitted shall be one unit per existing multifamily development or up to 25 percent of the existing unit count in the building, whichever is greater.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

The following four categories of ADUs shall not be subject to lot coverage, setbacks, and structure height zoning and development standards. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (E) are:

A.

Single-family parcels. One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling, or an ADU within an existing legally constructed accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety, or

B.

Single-family parcels. One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and have a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

C.

Multifamily parcels. Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs, or up to 25 percent of the existing multifamily dwelling units within a structure, or

D.

Multifamily parcels. Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and 4-foot rear and side yard setbacks.

The four categories above cannot be combined on one parcel.

E.

Deviations for state exempt ADUs. A detached, new construction ADU that has both a maximum gross floor area of 800 square feet and a maximum height of 16 feet from natural grade shall be permitted with the deviations to general development standards below.

1.

Setback reductions. This category of smaller ADU, including eaves, is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines. ADUs within the reduced side and/or rear yard setbacks shall comply with (E)(1) and (E)(2) below.

Roof design and materials. The pitch of any portion of the roof within the reduced setback shall not be directed toward the side or rear property line, or the structure shall have a non-shedding roof material and/or snow retention mechanism for the life of the structure. This shall apply to roofs within setback areas to address snow-related issues associated with life safety, structural integrity, and property damage prevention.

3.

Deviations to development standards. This category of smaller ADU is permitted to deviate from the site coverage and other development standards applicable to the property. Any deviation(s) shall be the minimum necessary to accommodate the floor area of the ADU living space, not to exceed an 800-squarefoot ADU.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

Development envelopes and easements. For ADUs constructed on lots where the recorded subdivision map established development/building envelopes and/or where there are recorded easements on the property, the building envelope and easement restrictions shall take precedence over any setback reductions provided within Subsection D,3 (Size limits, setbacks, and standards) below.

B.

Proximity. A new construction, detached ADU shall be located within 100 feet of the main dwelling, unless a greater distance is determined to be necessary by the Director to avoid on-site septic systems, water supply systems, geographic constraints, and/or environmentally sensitive areas.

C.

Size limits, setbacks, and standards. ADU size (i.e., floor area and height), setbacks, and development standards are directly correlated, therefore they are combined in this Subsection (Size limits, setbacks, and standards). Where side yard setback reductions are allowed in this Subsection, these reductions do not apply to street-side setbacks on corner lots. Additionally, on a corner lot, both lot lines facing streets are front lot lines and subject to setback requirements under Section 17.40.015.

1.

Standard ADUs.

a.

Standard maximum floor area.

Multifamily Parcels. The gross floor area of a standard attached or detached ADU shall not exceed 1,000 square feet.

Single-family parcels. The gross floor area for a new detached Standard ADU shall not exceed 1,200 square feet. The maximum square footage for attached accessory dwelling units shall be no larger than 50 percent of the floor area of the existing primary dwelling or a maximum of 1,000 square feet.

b.

ADU garage size. If a garage for an ADU is proposed, it shall not exceed 500 square feet, shall comply with all general development standards applicable to garages, including site coverage.

c.

Setbacks and height. All standard ADU structures shall comply with the side, rear, and front setbacks, and height limits applicable to the property's zone district.

d.

Other development standards. Standard ADUs shall comply with all other general development standards applicable to the main dwelling, including site coverage, unless an exception is provided elsewhere in this Subsection C (Size limits, setbacks, and standards).

2.

Conversion ADUs. An existing legally constructed portion of a single- family dwelling or residential accessory structure that is converted to or replaced with an ADU shall not be required to meet additional setbacks beyond those that were required at the time the original structure was built. For replacements, if the structure is partially or completely demolished and replaced with a structure for a new ADU, the replacement structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height, except as permitted below. The maximum gross floor area of the ADU portion of a converted or replaced structure shall not exceed the size limitations of Paragraph C,1,a (Standard maximum floor area) and the remainder may be used for other residential accessory uses.

a.

Roof modifications. If the converted or replaced structure is within the standard setbacks applicable to the main dwelling, and if substantial modifications are proposed to the existing roof design or surface/material as a part of the ADU creation, the modifications shall comply with Subparagraph C,2,b (Roof design and material).

b.

Expansions of conversion ADUs. If a conversion ADU is less than the maximum allowable floor area for an ADU, an expansion/addition may be approved; however, any expansions shall be subject to the standard unit size, height limit, setbacks, site coverage, floor area ratio, open space, and other development standards that would be applicable to a new standard ADU.

c.

Ingress/Egress for conversions. In addition to any expansion allowed under Subparagraph C,3,b (Expansions of conversion ADUs), a conversion ADU may include an expansion of the existing structure up to 150 square feet for the purpose of accommodating ingress and egress to/from the ADU. This is permitted only for space that is unconditioned and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space is allowed to deviate from site coverage, floor area ratio, and open space standards applicable to the property up to 150 square feet, and, if relevant, may be used in addition to the deviations permitted for smaller ADUs in Subparagraph C,2 (Deviations to development standards.)

(1)

Setbacks for ingress/egress. A new ingress/egress feature for a conversion ADU shall meet applicable setbacks for fire safety and the property's zone district and shall not extend further into standard front, rear, or side yard setbacks than the walls of the conversion ADU.

3.

Minimum floor area. A minimum floor area of 150 square feet is required for all ADUs.

4.

Solar panels. All newly (new construction) constructed detached ADU's will require solar panels.

5.

Parking and driveways.

a.

Parking standard. One on-site parking space shall be provided for each ADU, in addition to any parking required for the main dwelling unit, unless an exemption is provided below:

b.

Parking location. The City of Sonora finds that due to Sonora's high fire risk, and the necessity to provide adequate maneuverability to accommodate emergency response vehicles, required parking for all new ADUs and JADUs and any required replacement parking for the main dwelling on parcels located within a State designated Very High or High Fire Severity Zone shall meet the following criteria:

(1)

All required parking shall be provided for on the parcel and not on a public Right-of-Way; and

(2)

No required parking shall be located within five feet of any property line; and

(3)

Unless otherwise restricted by the above requirements, tandem parking and/or parking within setback areas is permitted.

c.

Parking exemptions. The one on-site parking space for ADUs, located outside of a State designated Very High or High Fire Severity Zone, shall not be required if any of the following situations apply:

(1)

The ADU is located within a half mile walking distance of a public transit stop;

(2)

The ADU is located within an architecturally and historically significant historic district;

(3)

The ADU is part of an existing or proposed primary residence or an existing accessory structure; or

(4)

When on-street parking permits are required but not offered to the occupant of the ADU.

(5)

A car share vehicle station is located within one block of the ADU.

d.

Replacement parking exemption. When a legally constructed garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, replacement parking for the main dwelling is not required if the parcel is located outside of a State designated Very High or High Severity Zone. This exemption does not apply to multifamily parcels.

e.

On-street parking restriction. Nothing within Subsection E (Parking and driveways), including the exemptions, shall be deemed to permit on-street parking during any time when such parking is prohibited.

f.

Shared driveway. An ADU shall be served by the same driveway encroachment as the main dwelling unit. A second driveway for an ADU will be permitted only if all of the following standards are met: 1) The ADU is located on a corner lot or through lot where the ADU will be accessed from a street other than the street providing access to the primary residence, or the ADU is on a lot with road frontage exceeding 150 lineal feet; 2) the proposal shall demonstrate compliance with the maximum allowable site coverage applicable to the property; and 3) the proposal shall comply with all other applicable Development Code standards and Public Improvement and Engineering Standards for single- family driveways and required off-street parking locations, except as modified within Subsection E (Parking and driveways).

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

ADU entrance. The ADU shall have an exterior entrance separate from the main entrance to the proposed or existing main dwelling; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the ADU may share with the main dwelling and/or JADU a single interior entryway (e.g., airlock, mudroom) not to exceed 80 square feet that provides direct, private access to each unit; however, in no case shall the primary entrance to the ADU be through the main dwelling living area, JADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

B.

Interior access. Interior access between the ADU and the main dwelling, attached or detached garage for the main dwelling, and/or other residential accessory structures shall be allowed, in compliance with all applicable California Building Standards Code requirements, as adopted by the City of Sonora. If interior access is proposed, the tenant of the ADU shall be able to lock the shared door from the interior of the ADU for privacy.

C.

Kitchen or cooking facilities. An ADU shall include a permanent kitchen or cooking facility, consistent with the Development Code definition of a kitchen (Section 18.220.020.K, Kitchen or Cooking Facilities, Residential). At a minimum, an ADU kitchen shall include the following equipment:

1.

Cooking facilities (i.e., a standalone cooking appliance with at least two burners that is connected to a gas stub or 220 electric volt outlet; does not include portable cooking accessories such as hot plates and other temporary heat sources);

2.

A refrigerator (no minimum size); and

3.

A sink for dishwashing and sanitation purposes.

D.

ADU historic design standards. Exterior changes/additions to the building shall not affect the building's historic integrity and shall be compatible with its historic design features.

E.

Design Review. ADUs are not subject to design review as required under Sonora Municipal Code Chapter 17.32, however, a staff level design review will be conducted for compatibility with existing structures on the parcel.

(Adopted by Ord. 897 on 10/3/2022)

Owner occupancy is not required for the creation of an ADU. Short term rentals of ADUs are subject to the requirements under Chapter 17.64 (Transient Use Permit).

A.

Sale of unit prohibited. No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The sale or conveyance of an ADU independent and/or separate from the main dwelling shall be prohibited.

B.

Building code requirements. Except as otherwise provided in this chapter, ADUs and JADUs 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. Each ADU and JADU shall obtain a building permit from the City of Sonora and shall be constructed in compliance with all applicable California Building Standards Code requirements, as adopted by the City of Sonora.

C.

Fire sprinklers. ADUs and JADUs are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.

D.

Fire Safety Setbacks. The minimum distance between detached buildings on the same parcel is ten feet. However, when the minimum distance cannot be provided due to size, shape, or slope of the parcel, the building official may allow for a reduction of the minimum distance to one consistent with the provisions of the currently adopted edition of the California-Building Code. In no event shall the minimum distance be reduced to less than six feet without approval of a conditional use permit as provided in Section 17.40.080 or a variance.

E.

Fire Safety Clearances. All properties must follow the City of Sonora Defensible Space Program. All dead or dying trees, branches, shrubs, or other plants must be cleared a minimum of fifty feet adjacent to, or overhanging, the structure.

F.

Manufactured home, tiny homes, etc. A manufactured home (a.k.a. mobile home), modular home (a.k.a. factory-built or prefabricated home), tiny home, park model home, or similar unit may be used as an ADU if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora. A tiny home on a chassis or park model home on a chassis is not permitted for use as an ADU unless it is modified to meet the aforementioned standards.

G.

Movable units. A recreational vehicle (e.g., motorhome, campervan, truck camper, travel trailer, pop-up trailer, fifth wheel trailer, toy hauler), travel van, or other movable habitable space generally cannot be approved as an ADU; however, it may be approved if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora.

(Adopted by Ord. 897 on 10/3/2022)

This Section shall not validate any existing illegal ADU. To convert an unpermitted ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed ADU, including the rental restrictions described in Subsection I (Occupancy and rental requirements) above.

A.

ADU reversions. If an ADU or JADU is legally permitted and constructed with deviations to the development standards that would otherwise be applicable to the property, as permitted by the Subsections D (Size and location standards) and/or F (Parking and driveways) above, and the ADU is subsequently reverted or converted to another use other than an ADU/JADU, any deviations from development standards (e.g., setbacks, site coverage, floor area ratio, open space, parking) shall be brought into compliance with the standards in effect at the time a complete application for a reversion or conversion of the space is submitted to the Community Development Department.

(Adopted by Ord. 897 on 10/3/2022)

A.

Applicability. JADUs are allowed in all zoning districts that allow single-family residential uses, subject to compliance with the requirements of this Section.

B.

Number of units allowed. A maximum of one junior accessory dwelling unit (JADU), in addition to one attached or detached ADU, shall be allowed on a parcel with an existing or proposed single-family dwelling.

C.

Location on site. A JADU may be created by converting existing space within the walls of an existing or proposed single-family residence, including attached garages. If a JADU is created concurrent with a new residence, the JADU shall comply with all development standards applicable to the main dwelling, including setbacks, height limits, site coverage, floor area ratio, open space.

D.

Floor area limitation. The gross floor area of the JADU shall not exceed 500 square feet and shall not be less than 150 square feet.

E.

JADU separate entrance. A JADU shall have an exterior entrance separate from the main entrance to the existing or proposed single-family residence; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the JADU may share with the main dwelling and/or ADU a single interior entryway (e.g., airlock, mudroom) that provides direct, private access to each unit; however, in no case shall the primary entrance to the JADU be through the main dwelling living area, ADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

F.

Interior access. Interior access from the JADU to the main dwelling may be maintained; however, if the sanitation facilities are shared with the main dwelling, as allowed in Subsection H below (Sanitation Facilities), unrestricted interior access to the sanitation facilities is required at all times. If interior access is proposed, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.

G.

Cooking facilities. The JADU shall include an efficiency kitchen, which shall include the following:

1.

A cooking facility with appliances. (Note: Government Code Section 65852.22(a)(6) does not permit local jurisdictions to specify exactly what "a cooking facility with appliances" must include for JADUs. This standard can be met with basic plug-in kitchen appliances (e.g., microwave, hot plate, mini-fridge) or with a full, high-end kitchen (e.g., gas range, double oven, large sink with disposal, commercial refrigerator). Therefore, a JADU is not required to comply with the Development Code definition of a "Kitchen or Cooking Facility," which specifies several types of appliances required in residential kitchens.)

2.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

Sanitation facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence.

I.

Parking. No additional parking shall be required for a JADU for parcels located outside of a State designate Very High or High Fire Severity Zone.

J.

Occupancy and rental requirements.

1.

Short-term rental restriction. The short-term rental of a JADU for a term of less than 31 consecutive days is subject to the requirements under Chapter 17.64 (Transient Use Permit).

2.

Owner occupancy. On a parcel with a primary dwelling unit and a JADU, only one of the units may be rented; the owner must reside in either the remaining portion of the main dwelling or in the JADU. Owneroccupancy is not required if the owner is a governmental agency, land trust, or housing organization.

3.

Illegal junior accessory dwelling units. This Section shall not validate any existing illegal JADUs. To convert an unpermitted JADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed JADU, including the rental restrictions described in Subsection 14 above (Occupancy and rental requirements).

(Adopted by Ord. 897 on 10/3/2022)

Fees will be charged for the construction of accessory dwelling units in accordance with the City of Sonora Municipal Code of Ordinances and state law. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

A.

Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system. An ADU shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Tuolumne County Environmental Health Department and the City of Sonora.

B.

Impact fees for JADU's. The City will not impose impact fees if previous impact fees under the existing residential footprint were already applied. If impact fees are required, the City may apply those impact fees at the time of application approval or prior to occupancy.

(Adopted by Ord. 897 on 10/3/2022)

The City of Sonora (City) shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions unless those conditions are of health and safety concern to the occupants.

A.

The City shall act on the application to create an ADU or JADU within 60 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 60 days, the application shall be deemed approved.

B.

If the permit application to create an ADU or JADU 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 60-day time period shall be tolled for the period of the delay.

D.

The City shall not issue a certificate of occupancy for an ADU or JADU before the certificate of occupancy is issued for the primary residence.

E.

No subdivision of this City Code of Ordinances shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a ADU or JADU complies with applicable development standards.

F.

Prior to the issuance of a building permit for a JADU, 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 prohibition of the sale of the JADU separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

2.

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 unit.

(Adopted by Ord. 897 on 10/3/2022)

The code enforcement officer may conduct a review of ADUs and JADUs 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. A code enforcement officer may issue to an owner of an ADU or JADU a notice to correct a violation of any provision of any building standard or any failure to comply with this section.

A.

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:

1.

The accessory dwelling unit was built before January 1, 2020.

2.

The accessory dwelling 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.

B.

The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in Section 17.36.070, 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.

C.

The City shall grant an application described in Section 17.36.070.C 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 City of Sonora Fire Chief or designee pursuant to Section 13146 of the Health and Safety Code.

(Adopted by Ord. 897 on 10/3/2022)

The purpose of the provision of density bonuses or other incentives is to contribute to the economic feasibility of low-income and moderate-income housing in proposed housing developments within the city.

(Ord. 607 § 1 (part), 1985.)

When a developer of housing agrees to provide low-income or moderate-income housing as provided for in Sections 65915 and 65915.5 of the California Government Code, the city shall: (1) grant a density bonus, and (2) provide other incentives. "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan.

(Ord. 607 § 1 (part), 1985.; Amended by Ord. 832 on 11/16/2015)

A developer considering the utilization of a density bonus or other incentive for a housing development shall submit to the city a preliminary proposal prior to the submittal of any formal requests for general plan amendments, zoning amendments, subdivision map approval, or other discretionary approval process required by the city. The written proposal shall detail the type, location and size of the housing development; the percentage of the development to be available to qualifying households; and the manner and length of time in which the housing will be reserved for qualifying households.

(Ord. 607 § 1 (part), 1985.)

The planning department staff will review the preliminary proposal for completeness. Upon receipt of all required information, the preliminary proposal will be scheduled for review by the planning commission at its next regular meeting. The planning commission will review the proposal, and recommend to the city council the density bonus or other incentive to be applied to the project in compliance with this chapter.

(Ord. 607 § 1 (part), 1985.)

Upon receipt of a recommendation from the planning commission, the city council will schedule the proposal and recommendation for review at its next regular meeting. The council may approve or modify the recommendation, or refer the proposal back to the commission for further review. In any event, the city shall notify the developer in writing, within ninety days after the proposal is determined complete by the planning department, as to the manner in which it will comply with this chapter.

(Ord. 607 § 1 (part), 1985.)

The following terms and definitions are to be utilized within review of recycling facilities to be established pursuant to the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500, et seq.):

A.

"Collection facility" is a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public, and generally includes reverse vending machines, small collection facilities and large collection facilities.

B.

"Processing facility" is a building or enclosed area for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include light and heavy processing facilities.

C.

"Recyclable material" is reusable, but not necessarily redeemable, material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include motor oil collected and transported in accordance with provisions of the California Health and Safety Code.

D.

"Recycling facility" is a center for the collection and/or processing of recyclable materials, and certified by the California Department of Conservation. A recycling facility may include a collection facility, or a processing facility.

(Ord. 642 § 1 (part), 1987.)

17.57.020 - Permits Required

A.

No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions as set forth in this section.

B.

Reverse vending machines may be located as a use allowed by right in all C, CG and ML zones within the city, pursuant to the standards and criteria as set forth in this chapter.

C.

Small and large collection facilities may be located upon issuance of a use permit according to procedures set forth in this title and pursuant to the standards and criteria as set forth in this chapter, in all C, CG and ML zones within the city.

D.

Light processing facilities may be located upon the issuance of a use permit issued according to procedures set forth in this title and pursuant to the standards and criteria set forth in this chapter, in all CG and ML zones within the city.

E.

Heavy processing facilities may be located upon the issuance of a use permit according to procedures set forth in this title and pursuant to the standards and criteria set forth in this chapter, in all ML zones within the city.

(Ord. 642 § 1 (part), 1987.)

A reverse vending machine is an automated mechanical device which accepted at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. The location of such reverse vending machines shall be subject to the following standards and criteria:

A.

Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

B.

Located within thirty feet of the entrance to the commercial structure and not obstruct pedestrian or vehicular circulation;

C.

Not occupy required parking spaces for the primary use;

D.

Occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and no more than eight feet in height;

E.

Constructed and maintained with durable waterproof and rustproof material;

F.

Clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if the machine is inoperative; be regularly attended subject to the rate of use and machine capacity;

G.

A sign area of a maximum of four square feet per machine, inclusive of operating instructions;

H.

Maintained in a clean, litter-free condition on a daily basis;

I.

Operating hours shall be at least the operating hours of the primary use;

J.

Illuminated to ensure safe operation if operating hours are between dusk and dawn.

(Ord. 642 § 1 (part), 1987.)

Small collection facilities, including a mobile recycling unit, bulk reverse vending machine occupying more than fifty square feet, grouping of reverse vending machines occupying more than fifty square feet, kiosktype units which may include permanent structures, or unattended containers placed for the donation of recyclable materials, shall be subject to the following standards and criteria:

A.

Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

B.

No larger than five hundred square feet and occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers;

C.

Set back at least ten feet from the edge of any street Right-of-Way, and not obstruct pedestrian or vehicular circulation;

D.

Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted at attended facility with permission of the city fire chief and local public health official;

E.

Use no power-driven processing equipment except for reverse vending machines;

F.

Use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

G.

Store all recyclable material in containers or mobile unit, and not outside of containers when attendant is not present;

H.

Maintained in a clean, litter-free condition on a daily basis;

I.

Not exceed noise levels of sixty dBA as measured at the property line of residentially zoned or occupied property; otherwise not exceed seventy dBA;

J.

Attended facilities located within one hundred feet of property zoned or occupied for residential use operate only during the hours between nine a.m. and six p.m.;

K.

Containers for twenty-four-hour donation to be at least thirty feet from any property zoned or occupied for residential use;

L.

Containers be clearly marked to identify the type of material to be deposited; operating instruction; and the identity and phone number of the operator or responsible person; and that no material may be left outside of a container;

M.

Signs may be provided in conformance with city sign regulations;

N.

Facility shall not impair existing landscaping of primary use;

O.

No additional parking spaces will be required for a small collection facility located at the established parking lot of the primary use;

P.

Facility shall not preclude the minimum number of parking spaces required for the primary use; if located in a parking lot area, mobile units shall have any area clearly marked to prohibit other vehicular parking during the hours that the mobile unit is scheduled to be present.

(Ord. 642 § 1 (part), 1987.)

17.57.050 - Criteria and Standards for Large Collection Facilities

A large collection facility is one that is larger than five hundred square feet, or is on separate property not appurtenant to a primary use, and which may have a permanent building. A large collection facility shall be subject to the following standards and criteria:

A.

Facility does not abut a property zoned, planned or occupied for residential use;

B.

Facility will be screened from the public by operating in an enclosed building or an area enclosed by an approved fence at least six feet in height; sited at least one hundred fifty feet from property zoned, planned or occupied by residential use;

C.

Meets landscaping plan requirements of Chapter 12.20 of this code;

D.

Exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the city fire chief and local public health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

E.

Maintained in a clean, litter-free condition on a daily basis;

F.

Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials;

G.

One parking space will be provided for each commercial vehicle operated by the recycling facility, and one parking space will be provided per each employee of maximum working shift;

H.

Not exceed noise levels of sixty dBA as measured at the property line of residential property, or otherwise shall not exceed seventy dBA;

I.

Facilities located within five hundred feet of property zoned, planned or occupied for residential use operate only during the hours between seven a.m. and seven p.m.;

J.

Containers provided for after hours donation of recyclable materials to be at least fifty feet from property planned, zoned or occupied for residential use;

K.

Containers to be clearly marked to identify the type of material to be deposited and that no material be left outside of the containers; other on-site signage to be in conformance with the city sign regulations.

(Ord. 642 § 1 (part), 1987.)

A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers. A heavy processing facility is any processing facility other than a light processing facility. Processing facilities shall be subject to the following standards and criteria:

A.

Facility does not abut a property zoned, planned or occupied for residential use;

B.

Will operate in a wholly enclosed building except for incidental storage, or within an area enclosed by an approved fence at least eight feet in height; sited at least one hundred fifty feet from property zoned, planned or occupied for residential use;

C.

Meets landscaping plan requirements of Chapter 12.20 of this code;

D.

Power-driven processing shall be permitted, provided noise standards of sixty dBA at residential property line, otherwise seventy dBA, are met;

E.

May accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

F.

Exterior storage of material to be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material to be constructed of nonflammable material. Oil storage must be in containers approved by the city fire chief and local public health official. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

G.

Maintained in a clean, litter-free condition on a daily basis;

H.

If facility is open to the public, parking spaces to be provided for a minimum of ten customers, or the anticipated peak load, whichever is greater;

I.

One parking space will be provided for each commercial vehicle operated by the processing facility, and one parking space will be provided for each employee of maximum working shift;

J.

If the facility is located within five hundred feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open;

K.

Containers provided for after hours donation of recyclable material to be at least fifty feet from property zoned, planned or occupied for residential use;

L.

Containers to be clearly marked to identify the type of material to be deposited and that no material be left outside of the containers; other on-site signage to be in conformance with the city sign regulations;

M.

No dust, fumes, smoke, vibration or odor above ambient levels may be detectable upon neighboring properties.

(Ord. 642 § 1 (part), 1987.)

The purpose of this chapter is to declare uses and structures legally existing on the effective date of this chapter as nonconforming uses and structures, and to encourage those that are nonconforming to be brought into conformity within a reasonable period of time.

(Ord. 376 § 10-2-5(A), 1967.; Amended by Ord. 844 on 12/18/2017)

The lawful use of land or structure existing on the effective date of any provision of the ordinance codified in this title applicable to such land or structure may be continued as a lawful nonconforming use or structure, although such use or structure does not comply with the provisions of this title.

(Ord. 376 § 10-2-5(B), 1967.)

Unless it is made to comply in its entirety with the provisions of this title, a nonconforming use may not be:

A.

Expanded or moved to another location, and the structure devoted to such use may not be structurally enlarged, altered, or moved to another location, but may be kept in good repair or may be structurally altered if necessary for public safety;

B.

Restored or rebuilt if damaged or destroyed for any reason to the extent of more than half its current replacement cost;

1.

Provided that residences that are fifty years or older may be restored or rebuilt within the footprint of the previous structure. The residential use may continue with no expansion of the structure permitted per this section unless approved under Section 17.58.030(C)(1); furthermore, the historical integrity of the restoration shall be maintained although newer building materials may be used;

2.

Commercial uses that have been in operation at the same location since 1960 or earlier (as proven through documentation based on the assessor's records, business licenses, historical records or other information which documents the date of the business at that location) may be continued within the previous footprint and intensity or use. Section 17.58.030(C) shall apply in that documentation shall show continuance of use at said location without abandonment.

C.

Restored or rebuilt if abandoned for a period of one year or more.

1.

Provided that if the structure was originally constructed for residential use (as proven through documentation based on the assessor's records, historical records or other information which documents the structure's original use), then the residential use may be restored, subject to all code requirements with approval of a use permit. Said use permit shall be considered in the same manner as other use permits as per Chapter 17.62. Any expansion of the structure or use shall require modification of the use permit.

D.

In the event that the implementation of this section would create a hardship, the planning commission may, through a use permit, allow a preexisting, nonconforming use to continue on a property when demolished by fire or accident. If the use changes slightly, but not substantively in its burden on surrounding properties, the use may be continued by use permit. Said use permits shall be considered in the same manner as other use permits per Chapter 17.62.

(Ord. 515, 1978; Ord. 376 § 10-2-5(C), 1967.; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 844 on 12/18/2017)

17.59 - Home Occupations

17.59.010 - Intent and Purpose

The intent and purpose of the home occupation provisions is to authorize and regulate the conduct of a business in residential dwellings.

(Ord. 613 § 2 (part), 1985.)

17.59.020 - Criteria and Conditions

A home occupation, as defined in Section 17.04.155, may be engaged upon approval according to procedures set forth in this chapter. The following criteria shall apply in review of a proposed home occupation:

A.

Is confined within the living area or garage of the dwelling and does not occupy any accessory structure, open space, required parking space or yard: and does not occupy more than one room within a dwelling; and does not occupy more than twenty-five percent of the floor area of the dwelling;

B.

The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

C.

Employees shall not work at or be dispatched from the premises nor otherwise be on or about the premises for business purposes;

D.

Involves no on-premises sales or vending of merchandise;

E.

Signs shall not be used to identify the business, its products or services; and no display of any kind shall be visible from the exterior of the dwelling designed to attract customers, clients or the general public;

F.

There shall be no advertising of the home occupation by street address except that the street address may be included on business cards and business correspondence originating from the home;

G.

No outdoor storage of materials, supplies or equipment used to conduct a home occupation;

H.

Creates no noise, odor, dust, vibrations, fumes, glare, smoke, or electrical interference readily discernible at the exterior boundaries of the parcel on which the occupation is situated:

I.

The use will not result in a substantial increase in traffic. Traffic related to the operation of the business shall be limited to six vehicle trips per day (three visits).

J.

No generation of additional pedestrian traffic or parking beyond that normal to a single-family dwelling; and does not involve the repeated use of commercial vehicles to deliver materials to and from the premises;

K.

No vehicle larger than a van or three-quarter-ton truck may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one additional vehicle and/or trailer.

L.

Parking for additional vehicles used in connection with the home occupation shall be provided on the parcel in addition to parking required for the residence.

M.

The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises;

N.

No use involving the storage, sale or use of any hazardous, flammable or explosive materials, beyond that normally found in a single-family residence shall be allowed as a home occupation.

O.

Additional criteria and conditions may be imposed by the community development director as deemed necessary to safeguard the health, safety, and general welfare of the neighborhood.

(Ord. 613 § 2 (part), 1985.; Amended by Ord. 843 on 12/18/2017)

An application for a home occupation permit shall be filed with the community development department on a form provided by the department. Information required will include the following:

A.

The location and address of the proposed occupation;

B.

The nature of the occupation:

C.

The name of individuals involved in the occupation;

D.

If the applicant is not the owner of the property, a written statement from the property owner or his representative agreeing to the conduct of the subject business.

E.

Any additional information required by the community development department to verify compliance with this chapter.

A filing fee of fifty dollars to defray costs incurred by the city in processing the application shall also be required. The community development director shall review the application, and shall consult with those departments of the city which might have jurisdiction over some phase of the proposed occupation.

(Ord. 613 § 2 (part), 1985.; Amended by Ord. 843 on 12/18/2017)

Upon completion of review of the application, all statements and relevant data, and within thirty days after the filing of the application, the planning director shall render a decision in writing, either approving or denying the request and the findings for such action. One copy of the written decision shall be given to the applicant, one copy shall be forwarded to the city clerk's office for business license purposes, and one copy shall be kept on file in the planning department.

(Ord. 613 § 2 (part), 1985.)

Any person may appeal the decision of the community development director to the planning commission. Such appeal shall be filed with the community development department within ten days after the date of the decision by the community development director. Upon receipt of such an appeal, the community development director shall place the matter for consideration on the commission agenda of the first regular meeting of the commission following ten days' written notice to the appellant and/or applicant. The commission shall either approve the application with conditions or deny the application based upon its findings. The decision of the commission shall be final, unless it is appealed to the city council pursuant to the provisions of Section 17.62.100 of this title.

(Ord. 613 § 2 (part), 1985.; Amended by Ord. 843 on 12/18/2017)

Upon approval by the planning director of a home occupation permit, the applicant shall obtain a city business license, except for those occupations whose total gross income is less than five thousand dollars.

(Ord. 613 § 2 (part), 1985.)

The procedure set forth in Chapter 17.62 constitutes the filing procedure relating to use permits.

(Ord. 376 § 10-6-1, 1967.)

Certain uses may be permitted in zones in which they are not otherwise permitted by this chapter, where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan, and are not detrimental to surrounding property.

(Ord. 376 § 10-6-2, 1967.)

The following uses, if not specifically allowed by right, may be permitted in any zone upon the granting of a use permit:

A.

Airports or aircraft landing fields, FAA approved;

B.

(Deleted by Ord. 857);

C.

City, county, state and federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary or advantageous to the general welfare of the community;

D.

Communication equipment buildings, not exceeding thirty-eight feet in height;

E.

Educational institutions, including trade schools, elementary schools, high schools and colleges;

F.

(Deleted by Ord. 857);

G.

(Deleted by Ord. 857);

H.

Libraries and museums;

I.

Natural resources development together with the necessary buildings, apparatus or appurtenances incident thereto;

J.

Public parks, playgrounds, golf courses, community buildings, and country clubs;

K.

Public utility or public service buildings, structures, and uses except overhead power or telephone wires;

L.

Radio, microwave and television transmitters and broadcasting stations, including amateur and professional;

M.

Real estate tract offices and accessory signs, limited to a total area of not more than fifty square feet;

N.

(Deleted by Ord. 857);

O.

Parking lots which conform in all respects to the requirements of Sections 17.42.040 and 17.42.050 of this code;

P.

Reduced Setbacks for Minor Accessory Buildings or Structures. Reduced setbacks pursuant to this section may be in addition to reductions allowed pursuant to Chapter 17.40;

Q.

Wireless telecommunication facilities subject to the specific use regulations under Chapter 17.50;

R.

A building or structure may exceed thirty-five feet in height if the planning commission has granted a use permit following a finding of necessity and desirability, after having considered the impact on surrounding buildings and on the public safety.

(Ord. 811, § 2, 6-18-2012; Ord. 586, 1983; Ord. 376 § 10-6-3, 1967.; Amended by Ord. 845 on 12/18/2017; Amended by Ord. 857 on 7/15/2019)

17.60.040 - Uses Permitted in Specific Zones

The following uses may be permitted in the zones indicated in this section upon granting of a use permit:

A.

Professional offices such as accountants, architects, dentists, lawyers, physicians and engineers, in the R-3 zone.

B.

Mobile home park in the CO zone.

C.

Sanitarium, mortuary and cemeteries, in R-1, R-2, R-3, CO, C and CG zones.

D.

Gasoline service station, new and used automobile sales and service, bulk petroleum sale and underground storage, in the C and CO zones.

E.

Bus or taxi station, in the C zone.

F.

Place of entertainment, and new and used retail sale, when in the open or partially open, in the C and CG zones.

G.

Animal hospital and/or shelter, in the C zone.

H.

Excavation of earth or building materials, mining or drilling for minerals and petroleum, junk, wrecking yards, and tow yards, in the CG zone, provided such uses are more than five hundred feet from any residential zones.

I.

Bed and breakfast establishment in R-2 and R-3 zones, subject to land and structure requirements of the particular zone.

J.

Assembly of premanufactured parts when fully enclosed in a building, in the C zone, except within the compatibility of use area as defined in Section 17.32.030.

K.

Light manufacturing of goods and materials capable of being lifted without mechanized equipment, in the CG zone.

L.

Medical and health related facilities, in the R-3 zone.

M.

Emergency shelter and transitional housing, in the C zone, however, emergency shelters are prohibited from operating within three hundred feet of any other emergency shelter, school, youth center, or daycare. City must be provided verification of property insurance.

N.

Transient residential use of a multi-family residential structure(s) or multiple single-family residential structures per parcel, in the R-2 zone. Transient residential use of three or more units of a multi-family residential structure(s) or multiple single-family residential structures per parcel, in an R-3 zone.

O.

Rest home, convalescent home, tri-level senior communities, senior housing facilities in R-1 and R-2.

P.

A cannabis dispensary, as defined by Chapter 8.36 of this code, in the CO, C, CG, and ML zones; however, a cannabis dispensary is prohibited from operating within the Benefit Zone A, as defined by Chapter 3.36 of this code. A cannabis dispensary is prohibited from operating within six hundred feet of a school, youth center, day care, church, or park operating at the time of the cannabis dispensary application.

Q.

A cannabis manufacturing business, as defined by Chapter 8.36 of this code, in the ML and C zones. A cannabis manufacturing business is prohibited from operating in the Benefit Zone A. A cannabis manufacturing business is prohibited from operating within six hundred feet of a school, youth center, day care, church, or park operating at the time of the cannabis manufacturing business application.

R.

A cannabis testing laboratory, as defined by Chapter 8.36 of this code, in the ML and C zones. A cannabis testing laboratory is prohibited from operating in the Benefit Zone A. A cannabis testing laboratory is prohibited from operating within six hundred feet of a school, youth center, day care, church, or park operating at the time of the cannabis testing laboratory application.

S.

Microbrewery in the C, CG, CO and ML zones.

T.

Self-storage, indoor in the C and CG zones.

U.

Club or associations, churches or other places used exclusively for religious worship in all residential zones.

(Ord. 812, § 2, 9-17-2012; Ord. 632 § 1, 1987; Ord. 605 § 1, 1985; Ord. 600 § 10, 1985; Ord. 587 § 3, 1983; Ord. 524 § 4, 1979; Ord. 478 § 1, 1975; Ord. 413 § 1, 1971; Ord. 376 § 10-6-4, 1967.; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 845 on 12/18/2017; Amended by Ord. 849 on 5/21/2018; Amended by Ord. 851 on 12/17/2018; Amended by Ord. 855 on 3/4/2019; Amended by Ord. 857 on 7/15/2019; Amended by Ord. 865 on 4/20/2020; Amended by Ord. 874 on 11/16/2020)

The granting of use permits and variances, referred to in this chapter as "permit," shall be in accordance with the procedure set out in this chapter.

(Ord. 376 § 10-3-5 (part), 1967.)

Application for a permit shall be filed with the building department on a form furnished by said department, accompanied by a site plan and a fee as adopted by resolution of the city council, no part of which may be refunded. When the applicant is not the owner of the property, written authorization of the owner shall accompany the application. The application shall not be accepted for filing by said department unless it conforms to the filing requirements established by the planning commission. Requirements that the applicant for a use permit or variance be the owner of the property, or that written authorization be obtained from the owner, shall not apply to the public utility companies or other agencies with powers of "eminent domain."

(Ord. 600 § 11 (part), 1985: Ord. 376 § 10-3-5(A), 1967.)

The community development department shall give notice of application and hearing by publication in a newspaper of general circulation in the city and sent, by United States mail, to all property owners within three hundred feet of the subject property, such publication and noticing to be completed not less than ten days before the date of hearing. The failure of any property owner to receive the notice shall not invalidate the proceedings. If the hearing is continued by the commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.

(Ord. 376 § 10-3-5(B), 1967.; Amended by Ord. 844 on 12/18/2017)

The planning commission shall conduct a hearing on the application in accordance with this title and state law on the earliest reasonable time following acceptance of a complete application.

(Ord. 376 § 10-3-5(C), 1967.; Amended by Ord. 844 on 12/18/2017)

The commission may require such terms or conditions to the granting of a permit as the commission may deem necessary. Noncompliance with these terms or conditions shall be a cause of revocation of such permit. Revisions to the terms or conditions of a granted permit shall require a new permit.

(Ord. 376 § 10-3-5(D), 1967.)

All permits granted by the commission shall expire and become null and void one year after the date of granting such permit, unless the authorized use is carried on, or a building permit has been obtained for the structure requiring the conditional use permit or variance, at the date of expiration.

(Ord. 376 § 10-3-5(E), 1967.)

The permit shall run with the land, i.e., shall apply to the parcel specified in the permit, regardless of any change of ownership, but may not be transferred to another parcel.

(Ord. 376 § 10-3-5(F), 1967.)

The permit shall become effective and be issued ten days after the date the commission granted the permit, unless an appeal has been filed, in which case the permit shall not be issued until the granting of the permit is affirmed on appeal.

(Ord. 376 § 10-3-5(G), 1967.; Amended by Ord. 844 on 12/18/2017)

No application shall be reconsidered and no new application shall be considered by the commission for a permit previously acted upon by the commission within one year after the date of such action, unless the commission establishes that there has been a substantial change in the circumstances under consideration in the original proceedings.

(Ord. 376 § 10-3-5(H), 1967.)

The decision of the commission on a permit may be appealed to the council by the applicant or by any person directly and adversely affected by the decision, in accordance with the following procedure:

A.

The appeal shall be filed with the community development department, on a form furnished by said department, accompanied by a fee as adopted by resolution of the city council, no part of which may be refunded, within ten days after the date of decision of the commission. Such decision becomes final if an appeal is not filed within the time herein specified.

B.

The city council shall consider the appeal at its next regular meeting, and if such appeal is validly made, shall set a time and place for a public hearing thereon. The city clerk shall cause notice of such hearing to be mailed to the appellant or appellants by United States mail to their address shown on the application or appeal filed with the commission or city clerk, or other address designated by such appellant to the clerk. The clerk shall cause notice of such hearing to be published one time in a regular issue of a newspaper of general circulation published in the city and sent, by United States mail, to all property owners within three hundred feet of the subject property and such mailing and publication shall be completed at least ten days prior to said hearing. The notice shall state the same matters pertinent for hearing as previously mentioned in the notice of hearing before the commission as set out in Section 17.62.030, the action of the commission thereon, and that the noticed hearing before the city council is an appeal from such action of the commission.

Any hearing before the council may be continued from time to time, and the time and place for such continued hearing announced publicly at the time of continuance or adjournment of the hearing shall be sufficient notice thereof, and no further notice is required.

(Ord. 600 § 11 (part), 1985; Ord. 418 § 1, 1971; Ord. 376 § 10-3-6, 1967.; Amended by Ord. 844 on 12/18/2017)

The commission, after a public hearing held in the manner required by this chapter governing permits, may revoke or modify any permit on any one or more of the following grounds:

A.

The approval was obtained by fraud.

B.

The use for which approval was granted has ceased to exist or has been suspended for one year or more.

C.

The use for which such approval was granted is not being exercised or the applicant is requesting a modification to the use permit

D.

The permit granted is being, or has been exercised contrary to the terms or conditions of any statute, ordinance, law or regulation.

E.

The use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

F.

The continued exercise of the use for which approval was granted appears to be inimical to the public welfare.

(Ord. 376 § 10-3-10, 1967.; Amended by Ord. 844 on 12/18/2017)

An applicant may request in writing a revocation of a use permit. When the applicant is not the property owner, written authorization by the owner shall accompany the request. Request is to be submitted to the community development director for his/her approval. Upon revocation, the property's use must comply with the regulations of the underlying zoning district.

(Adopted by Ord. 844 on 12/18/2017)

The community development director may approve minor modifications to existing use permits. Such minor modifications shall be approved only if it is found that such modifications substantially conform with the

plans or standards approved by the planning commission and the modifications will not significantly adversely affect the surrounding properties.

(Adopted by Ord. 844 on 12/18/2017)

This chapter does not apply to any of the uses identified in Health and Safety Code Sections 1596.792 or 1596.73, as may be amended.

(Ord. 800, § 2, 6-6-2011)

The following applies to all family daycare homes in the city:

A.

The use of a single-family dwelling for purposes of a family daycare home is not a change of occupancy for purposes of the state housing law or local building codes.

B.

Family daycare homes shall be considered a single-family residential use for the purposes of the State Uniform Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the state fire marshal pursuant to state law. The city shall not adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in family daycare homes which is inconsistent with those standards adopted by the state fire marshal.

(Ord. 800, § 2, 6-6-2011)

Small family daycare homes are permitted uses in permitted single-family residences in all zoning districts except open space (OS). Small family daycare homes are not subject to any business license, fee, or tax that may be imposed for the privilege of operating a small family daycare home. (Health and Safety Code Section 1597.45, as may be amended)

(Ord. 800, § 2, 6-6-2011)

17.63.040 - Large Family Daycare Home

A.

Large family daycare homes are permitted uses within permitted single-family residences in all zoning districts, except for open space (OS) provided all of the following criteria are met at all times during the use:

There is only one large family daycare home on each parcel.

2.

Two off-street parking spaces are provided for the single-family residence (unless entitlements creating the subdivision require additional off-street parking spaces) and one-half parking space for each employee who does not reside in the home per largest shift is provided on-site. In the case of a fractional number of required parking spaces, the number shall be rounded up to the next whole number. Required parking spaces shall be designed and constructed in accordance with SMC Section 17.42.040.

3.

A drop-off and pick-up loading area for children is provided on-site.

4.

A fire extinguisher and smoke detector device and any other regulations adopted by the state fire marshal for large family daycare homes are provided.

5.

Noise levels generated by the large family daycare home are restricted to the exterior noise limits as prescribed in Figure 17 of Sonora General Plan 2020.

6.

Within any residential zoning district, the proposed large family daycare home shall be located at least three hundred feet from any other special needs housing facility housing more than six individuals and from any other large family daycare home already permitted in the neighborhood as measured from any point upon the outside walls of the structures housing the facilities. (Health and Safety Code Section 1597.46, as may be amended)

B.

Prior to occupancy, the operator/owner of a large family daycare home shall submit a consistency review application to the community development department on a form as prescribed by the community development director and subject to applicable fees. The consistency review application form for large family daycare home shall include a statement of the applicant's right to request written fee verification. The consistency review shall be processed as follows:

1.

A large family daycare home shall be exempt from CEQA (Health and Safety Code 1597.46 as may be amended).

The community development director shall review the application. The permit may be granted if all of the following findings are made:

a.

The large family daycare home is consistent with the provisions of the Sonora Municipal Code and state law governing family daycare homes; and

b.

The large family daycare home complies with any regulations adopted by the state fire marshal and any applicable building ordinance or local rule or regulation that also applies to single- family residences in the same zoning district in which day care is not provided.

3.

Not less than ten days prior to the date on which the decision will be made on the application, the community development director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred-foot radius of the exterior boundaries of the proposed large family day care home. A hearing on the application for a permit issued pursuant to this subsection shall not be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any, of the appeal.

(Ord. 800, § 2, 6-6-2011)

A.

Daycare centers are a permitted use in the C (commercial), GC (general commercial), SC (shopping center commercial), VC (visitor-serving commercial), NC (neighborhood commercial), SP (special planning), BP (business park) and M-1 (light industrial) zoning districts except that the use remains subject to the provisions of Chapter 17.32 (design review/historic zone) and 17.52 (site plans), where applicable.

B.

Daycare centers are a conditional use in the HC (historic central district commercial) zoning district. Daycare centers also are subject to the provisions of Chapter 17.32 (design review/historic zone) and 17.52 (site plans), where applicable.

(Ord. 800, § 2, 6-6-2011)

17.64 - Transient Use Permit[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 898, § 1, adopted June 17, 2024, repealed the former Ch. 17.64, §§ 17.64.010— 17.64.080, and enacted a new Ch. 17.64 as set out herein. The former Ch. 17.64 pertained to similar subject matter and derived from Ord. 824, adopted Feb. 2, 2015; and Ord. 880, adopted Aug. 16, 2021.

The purpose of this Chapter is to:

A.

Achieve a balance of short-term rental uses and adequate housing stock for all economic segments of City residents. Allow short term rentals, while preserving the residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance and safety impacts on adjacent neighbors; and

B.

Provide a registration process for the City to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes.

(Ord. No. 898, § 1, 6/17/2024)

For the purpose of this Chapter, and except where otherwise expressly defined in this Chapter, the following words and phrases shall have the meanings provided in this Section. Where words and phrases are not expressly defined under this Section, they shall be construed as their ordinary meaning within the context which they are used:

"Code" means the Sonora Municipal Code.

"Guest" or "Guests" means the individual or individual(s) occupying the short-term rental for the purposes of staying overnight.

"Hosted short-term rental" is the rental of one (1) or more bedrooms in a dwelling unit where the operator remains in residence in one (1) or more bedrooms in the dwelling unit or resides in another dwelling unit on the same parcel, for the duration of the guest's stay. A hosted short-term rental is rented out for a period less than thirty (30) days.

"Local contact person" means an individual who is available by telephone on a twenty-four (24) hour basis and who maintains the ability to be onsite within thirty (30) minutes and who has access and authority to assume management of the short-term rental. The operator of the short-term rental or an agent or

professional property management company that meets the availability requirements can serve as the local contact person.

"Operator" means any and all of the following: (i) the person who is a legal owner of a short-term rental; (ii) a person who has the legal right to possession of a short-term rental; (iii) any manager, agent,

representative or other similar person acting under the authority or at the direction of the owner or other operator of a short-term rental.

"Quiet Hours" are the hours between 10:00 p.m. and 7:00 a.m. on Weekdays and 8:00 AM on Weekends in residential areas.

"Short-term rental" means a single-family dwelling, multi-family dwelling unit, studio, condominium, townhouse, duplex, guesthouse, bedroom within an existing residential unit, or junior accessory dwelling unit, rented for the purpose of continuous overnight lodging for a period of not less than one night and not more than thirty (30) days.

"Vacation rental home" or "vacation home" means the rental of an entire dwelling unit, which contains bedrooms, kitchens, and bathrooms, for a period less than thirty (30) days. An operator of a Vacation Home does not reside onsite for the duration of the guest's stay.

(Ord. No. 898, § 1, 6/17/2024)

A.

Transient Use Permit Required. Short-term rental uses consisting of hosted short-term rentals and vacation homes as defined herein, shall be permitted subject to the requirements of this chapter, including compliance with the operational standards, registration, Transient Occupancy Tax payments, and recordkeeping obligations required under the Code. A separate transient use permit shall be required and maintained in good standing for each parcel in which a transient use rental is located. The issuance of any permit pursuant to this Chapter does not relieve the owner of the obligation to comply with the other provisions of this Code pertaining to the use and occupancy of the short-term rental or the property in which it is located.

B.

Use Requirements. Each transient use parcel shall be used and maintained in a manner consistent with the character of the neighborhood in which it is located; shall not impair the desirability of investment or occupation of the surrounding neighborhood; and shall not have displayed thereon any sign that indicates the property is used or available for transient or short-term rental purposes. The maximum number of occupants eighteen or older in age authorized to stay overnight at any transient use parcel shall be limited to two persons per bedroom, plus one additional person per unit.

C.

Short-term rentals are prohibited in accessory dwelling units. It is unlawful for any person to advertise, maintain, operate or use a short-term rental within the City without a transient use permit, or in violation of this Chapter. It is unlawful for any person to advertise, maintain, operate, or use as a short-term rental an accessory dwelling unit as defined in Government Code section 65852.2, as it may be amended from time to time. No transient use permit shall be issued for any accessory dwelling unit. Each short-term rental occurring without a transient use permit, and each rental of an accessory dwelling unit shall be a separate violation.

D.

Transient Occupancy Tax. All transient use permits shall be subject to the transient occupancy tax pursuant to Chapter 3.20 of the Code.

E.

Business License Required. All short-term rental operators must obtain and maintain a business license pursuant to Chapter 5.10 of the Code.

F.

Exemption. The provisions of this Chapter shall not apply to the operation of any lawfully established bed and breakfast inn, motel, hotel, or timeshare development, subject to applicable provisions of this Code.

G.

Application process. An application for a transient use permit shall be submitted by the operator to the Community Development Department for consideration in accordance with the standards contained herein. Each transient use permit application shall be accompanied by a nonrefundable transient use permit fee as set by resolution of the City Council. Permits and fees required by this Chapter are in addition to any license, permit, certificate or fee required by any other chapter of this Code.

H.

Acceptance of Transient Use Permit; No Vested Rights. Acceptance by an operator of a transient use permit shall constitute acknowledgment and acceptance of, and consent to: (i) the requirements and provisions of this Chapter; (ii) the lack of any vested right to operate a short-term rental; (iii) the non-transfer of a transient use permit to any other parcel, location, or operator; and (iv) the City's right to adopt or amend at any time restrictions on the operation of short-term rentals, including without limitation a complete prohibition on short-term rentals.

(Ord. No. 898, § 1, 6/17/2024)

All short-term rentals shall comply with the standards of this Section at all times and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.

A.

Operator Responsibilities. Operator and any local contact person shall respond in a reasonable and timely manner, to ensure that every occupant of the transient use parcel does not create or contribute to unreasonable use of the property, cause unreasonable noise or disturbance, engage in disorderly or unlawful conduct, or overcrowd the parcel. The operator shall inform guests that they must not violate the standards of this Chapter. The operator shall be responsible for taking any action necessary to ensure that guests abide by the terms of this Chapter and other applicable provisions of this Code.

B.

Local Contact Person. A local contact person shall be available by telephone when contacted by the City's employees or agents or the short-term rental's guest(s) on a twenty-four (24) hour basis. A local contact person shall be physically present at the short-term rental within thirty (30) minutes of contact. Upon receiving a call or complaint about physical conditions or circumstances that constitute an immediate threat to the public health and safety, the local contact person shall immediately contact the appropriate law enforcement, fire, or other authority. Upon receiving any call or complaint about the short-term rental, the local contact person shall cause the discontinuance of any violation of this Chapter as soon as practical.

C.

Parking. On-site parking shall be provided for each short-term rental guest to the extent on-site parking is possible on the parcel in which a transient use rental is located. A maximum of two motor vehicles shall be allowed to park on street, if no on-site parking is available, at the transient use parcel by the responsible tenant or any other occupant subject to availability and parking regulations. No guest of a short-term rental shall park a vehicle (including without limitation boat trailers and recreational vehicles) on the street or in an unpaved area. The operator may park his or her vehicle on the street.

D.

Trash Collection. Except for trash properly deposited in trash collection receptacles, accumulation of trash and debris outside of a short-term rental at any time is prohibited. Each short-term rental shall obtain solid waste and recyclable collection and disposal service from the City's franchisee.

E.

Smoke Alarms. Smoke alarms, in good working order, shall be installed at a minimum in each bedroom, and at least one alarm on every level of the short-term rental, including basements and habitable attics.

F.

Carbon Monoxide Alarms. Carbon monoxide alarms, in good working order, shall be installed in accordance with current California Building Code requirements, and shall be installed in accordance with the manufacturer's installation instructions.

G.

Fire Extinguisher and Ash Can. Each short-term rental shall be equipped with one five-pound fire extinguisher, type 2A-10BC, installed at a readily available location near the kitchen. If the short-term rental has more than one level, an extinguisher must be mounted within each level. Fire extinguishers shall be inspected annually by a certified professional to ensure the extinguishers are in good working order. Each short-term rental with a wood-burning fireplace or woodstove shall be equipped with a metal container at least five gallons in size with a tight-fitting lid, which shall be clearly labeled for ash disposal.

H.

Visible Address. Each short-term rental shall have an address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the short-term rental unit will not be clearly visible from the street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background and conform to the minimum size requirements of the Section 505.1 of the California Fire Code, latest edition, of which requires numbers four (4) inches tall with a minimum stroke thickness of one-half (1/2) inch. A short-term rental in a condominium building that does not have an individual address may utilize the condominium building address and shall clearly identify each unit number.

I.

Noise. All tenants are responsible for honoring the property's Quiet Hours which are from 10:00 PM to 7:00 AM on Weekdays and 8:00 AM on Weekends. The following acts or conditions are hereby declared to be public nuisances:

1.

Behavior constituting violation of California Penal Code Section 407 or 415 in a residential area between the hours of 10:00 PM and 7:00 AM on Weekdays and 8:00 AM on Weekends; or

2.

Noise that is unreasonably loud, raucous, or jarring to persons within the residential area during quiet hours.

J.

Good Neighbor Policy. Please be mindful that you are staying as a guest in a residential community. As a member of the community, we value our relationships with our neighbors. The City's goal is to ensure the neighbors are not disturbed - so please ensure that all occupants are aware of the enclosed policies of this Chapter. Any noise disturbances or violations of this Chapter may result in fines.

If you are fortunate enough to be visiting the City while on vacation, please note that your schedule may differ from that of your neighbors. The following policies are designed to ensure there are no noise or other disturbances:

1.

Quiet time starts at 10:00 p.m. the use of outdoor spaces after 10:00 p.m. should be limited. Please monitor your group at 10:00 p.m. and be aware that open windows and doors may allow sounds to carry and disturb others.

2.

When returning from an evening out, please keep your voices to a level that will not disturb the neighborhood.

3.

The surrounding neighbors have access to a 24/7 City contact number that they may call to file a complaint. As a reminder, any noise disturbances or violations of the Chapter may result in fines.

K.

Fireplaces. Residential outdoor burning is limited to fire pits, outdoor fireplaces, and similar free-standing devices meeting the following criteria. Additionally, an outdoor fire can be used for the cooking of food.

1.

Only dry vegetation/wood and clear unpainted untreated dry lumber with a small amount of starter materials, such as hay or small kindling, can be burned. Flammable liquids shall not be used.

2.

Portable Outdoor Fire Pits and Outdoor Fireplaces: These devices, sold by many businesses, fully contain the fire by means of a metal screen or grate and shall be utilized in accordance with the manufacturer's instructions.

3.

All outdoor fireplaces must be constantly attended to until the fire is completely extinguished.

4.

A portable fire extinguisher with a minimum 4-A rating or other on-site fire extinguishing equipment such as sand or a garden hose much be available for immediate utilization.

5.

Smoke from burning cannot bother or cause a nuisance to neighbors.

L.

Affidavit. An affidavit prepared by the City shall be provided to the operator. The operator shall sign and acknowledge that the short-term rental is in compliance with the standards contained in this Chapter. The operator shall also acknowledge that disclosure of the standards in this Chapter are provided to the tenants via terms of the rental agreement.

M.

Fire Inspections and Other Inspections. The operator of each short-term rental shall allow Sonora Fire Department staff to conduct an initial inspection prior to the issuance of a transient use permit and upon request by the City, to ensure the short-term rental complies with:

1.

The requirements of this Chapter, including requirements pertaining to smoke alarms, carbon monoxide alarms, fire extinguishers, visible address, outdoor fireplaces and fire pits, and grills and barbecues; and

The City's defensible space requirements pursuant to Chapter 8.12.

In addition, the operator of each short-term rental shall allow the Sonora Fire Department staff to conduct an inspection every three (3) years. However, if violations have occurred, inspections may be requested by the City periodically to ensure that the short-term rental is in compliance with the standards of this Chapter.

All inspections, including re-inspections due to non-compliance and inspections prompted by complaints, are subject to the applicable Sonora Fire Department's fee schedule cost for inspections.

(Ord. No. 898, § 1, 6/17/2024)

A.

Outdoor Fireplaces. No burning pits, bonfires, or campfires are permitted to occur at short-term rentals.

B.

Grills and barbeques. Grills and barbeques are not permitted beneath a potentially flammable source including trees, umbrellas, decks, or other appurtenant structures. All grills and barbecues shall be no less than ten (10) feet away from a structure and any flammable materials, such as a woodpile.

C.

Subletting. Guests are prohibited from subletting a short-term rental. Only operators with a valid transient use permit may advertise and rent a residential unit as a short-term rental.

D.

Special events. Weddings, corporate events, commercial functions, and any other similar events are prohibited from occurring at a short-term rental property. The occurrence of any such event which violates any such requirements shall be a separate violation of this Chapter, in addition to the violation created by noncompliance with such requirements.

(Ord. No. 898, § 1, 6/17/2024)

A.

Transfer. Permits are not transferable upon change in ownership. A transient use permit issued under this Chapter shall expire upon sale or transfer of the short-term rental.

B.

Cessation. A Transient Use Permit will expire if the use of the short-term rental ceases for more than 6 months. The cease of the short-term rental use will be evaluated by the reporting and remittance of Transient Occupancy Tax through the process defined in SMC 3.20.080.

C.

Notification of Cessation or Transfer. Upon sale, transfer, or intent to cease use of the short-term rental unit or any portion of the unit for a short-term rental, the permit holder shall notify the Community Development Department and make all applicable payments as defined in SMC 3.20.

(Ord. No. 898, § 1, 6/17/2024)

17.64.070 - Penalties; Permit Denial, Suspension, And Revocation.

A.

It is a misdemeanor and a public nuisance to violate any of the provisions of this Chapter. Violations of this Chapter are subject to the administrative citation provisions set forth in Chapter 1.20 of this Code, provided that fines for violations of this Chapter shall be as set forth in this Section. Any person violating the provisions of this Chapter, including without limitation guests, operators, and local contact persons may be subject to administrative or judicial remedies as set forth in this Section. The owner of a short-term rental shall be deemed responsible for all violations of this Chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the City from issuing fines or citations to guests, or exercising other remedies against guests, if the guests are deemed to have committed the violation.

B.

The City shall have the authority to suspend or revoke a transient use permit, or to maintain an action for injunctive relief for violations of this Chapter.

C.

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this Section are cumulative as to each other and to any others available under state law or this Code. In the event of any conflict between the penalties set forth in this Chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

D.

In the event the City is required to bring legal action to enforce any provision of this Chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees, interest, court costs and other costs incurred in such action; provided that, such fees shall only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that the City intends to seek and recover attorney's fees.

E.

Enforcement. An administrative penalty of up to five hundred dollars ($500) per day may be imposed for each violation of this Chapter contained in a first administrative citation, and up to one thousand dollars ($1,000) per day for each violation contained in a second or subsequent administrative citation. A prior citation for purposes of this Subsection shall be an earlier administrative citation for violation of this Chapter on the same property that occurred less than one (1) year prior to the current citation, provided

that a previous citation issued to a guest shall not be deemed a prior citation for purposes of calculating the penalty for a subsequent citation issued to a different guest at the same property.

F.

Denial, Suspension or Revocation of a Transient Use Permit. The City may deny, suspend or revoke a transient use permit for any of the following reasons:

1.

The transient use permit application is incomplete;

2.

The transient use permit application contains a false or misleading statement or omission of a material fact;

3.

The short-term rental, operator or guest is currently in violation of, or has been found to be in violation of, any local, state or federal laws, statutes, ordinances, rules or regulations pertaining to the operation of a short-term rental;

4.

The transient use permit of a short-term rental for which three (3) citations have been issued for violations

of this Chapter within a 12-month period and not overturned on appeal, including without limitation citations issued to guests and citations issued to operators, shall be revoked, and a new permit shall not be issued for a period of 12 months from the date of the permit revocation.

5.

The operator is delinquent on any payment to the City of any fees, penalties, taxes, or any other monies related to the short-term rental including, but not limited to, transient occupancy taxes;

6.

A transient use permit application may be denied due to prior revocation or suspension of a transient use permit;

7.

The operation of a short-term rental is a threat to the public health, safety, or welfare;

8.

The lack of a fire inspection pursuant to Section 17.64.040, Subsection (I), a failed fire inspection unless documentation is provided that the conditions causing the failure were corrected and the short-term rental passed a subsequent fire inspection, or a refusal to allow a fire inspection or other inspection of the shortterm rental;

Absence or expiration of a transient use permit;

10.

Any required application fee or renewal fee has not been paid.

(Ord. No. 898, § 1, 6/17/2024)

17.64.080 - Appeals.

A.

Any operator or guest may appeal a penalty imposed pursuant to this Chapter, or a denial, suspension, or revocation of a transient use permit to a hearing officer designated by the City Administrator by filing a notice of appeal with the City Clerk within 10 calendar days of the serving or mailing of notice of the action taken.

B.

Following receipt of a notice of appeal, the City Clerk shall give not less than five (5) days' written notice to the appellant, and to the complainant, if any, of an appeal hearing at a time and place fixed in the notice by personal service or mail.

C.

At the hearing, the operator or guest may appear and offer evidence why the action being appealed should be overturned or modified.

D.

After such hearing the hearing officer shall determine whether the action should be sustained, overturned, or modified and shall thereafter give written notice to the appellant in by personal service or mailing of the notice of the decision.

E.

An operator or guest aggrieved by the hearing officer's decision regarding such appeal may appeal to the City Administrator by filing a notice of appeal with the City Clerk within ten (10) calendar days of the serving or mailing of notice of the hearing officer's decision. The City Clerk shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at the last known place of business or to such guest at the guest's address as set forth in the appeal. At the hearing, the appellant shall have the right to testify, to be represented by counsel, to present witnesses on the appellant's behalf, to cross-examine all other witnesses and to present oral and written documents and evidence on the issues. The findings of the City Administrator are final and conclusive and shall be served upon the appellant by personal service or mailing of the notice of the decision. Any fine or penalty found to be due is immediately due and payable upon the service of notice.

(Ord. No. 898, § 1, 6/17/2024)

A.

Notwithstanding any other provision of law, the City Administrator, in his or her sole discretion, may exempt short-term rentals with an active transient use permit in good standing as of July 1, 2021 from compliance with this Chapter for a period of ninety (90) days after the effective date of this Chapter. The purpose of the amnesty period codified in Section 17.64.080(A) is to allow exempted short-term rentals to conform to the requirements of this Chapter, except as otherwise provided herein. Transient occupancy tax payments continue to be required at all times for short-term rentals and must be collected and paid during and after the amnesty period.

B.

The provisions of this Section shall only apply to short-term rentals operating with a continuously active transient use permit in good standing.

C.

Short-term rentals operating pursuant to this Section that do not conform to the applicable requirements for short-term rentals shall cease operation and shall be prohibited from operating unless and until the short-term rental conforms to the requirements of this Chapter and obtains a new transient use permit.

(Ord. No. 898, § 1, 6/17/2024)

17.66 - Administration

17.66.010 - Community Development Department

The community development department, administered by the community development director, shall assist in the administration of this title by:

A.

Processing and investigating all applications;

B.

Reviewing applications for building permits and other licenses referred to it to determine their compliance with this title.

(Ord. 376 § 10-3-2, 1967.; Amended by Ord. 860 on 10/7/2019)

The community development director of the city, or his or her staff designee, shall serve as and perform the duties of secretary to the planning commission.

(Ord. 808 §2 (part), 2012; Ord. 525 § 13, 1979.; Adopted by Ord. 860 on 10/7/2019)

The commission shall:

A.

Supervise the administration of this title;

B.

Adopt rules and procedures necessary or convenient for the filing of all applications regulated under this title;

C.

Act upon all applications;

D.

Make recommendations to the council upon amendments to zone boundaries or to provisions of this title;

E.

By resolution, on request or on its own initiative, adopt rules implementing the general plan or zone regulations of this title by:

1.

Setting forth additional specific uses allowed by right and by use permit which are, in the opinion of the commission, similar or accessory to those listed in this title and conform to the purposes of the zone regulations.

2.

Setting forth additional specific uses for which parking space is required which are, in the opinion of the commission, similar or accessory to those listed in this title.

(Ord. 376 § 10-3-1, 1967.; Amended by Ord. 860 on 10/7/2019)

A.

The commission may grant a conditional use permit to authorize a specific use, and structure devoted to such use, on a specific parcel within a zone where such use is allowed by a use permit, in accordance with the procedure specified in Chapter 17.62.

B.

The commission may grant a use permit if it finds that the use applied for is necessary or desirable on a specific parcel, not injurious to the neighborhood, consistent with the intent of this title, and with the purposes for such zone.

(Ord. 376 § 10-3-3, 1967.)

A.

The commission may grant a variance to authorize a specific exception to any regulation of Chapters 17.62 through 17.66, and 17.70 in accordance with the procedure specified in Chapter 17.62.

B.

The commission may grant a variance if it finds that the strict adherence to a regulation may cause unnecessary hardship and that all of the following exist:

1.

Exceptional or extraordinary circumstances or conditions, not resulting from any act of the owner or applicant, apply to the property and not generally to other properties in the vicinity and the same zone.

2.

The exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and the same zone.

3.

The exception is the minimum necessary for the reasonable use of the property.

4.

The exception is not injurious to the neighborhood, is consistent with the intent of this title, and with the purposes for such zone.

(Ord. 376 § 10-3-4, 1967.)

Amendments to this title may be initiated by one of the following procedures:

A.

Resolution of intention of the city council;

B.

Resolution of intention of the planning commission;

C.

Petition of an owner of property affected by the amendment. Such petition shall be filed with the building department on a form furnished by said department accompanied by a fee as adopted by resolution of the city council, no part of which may be refunded.

(Ord. 600 § 12 (part), 1985; Ord. 376 § 10-1-7(A), 1967.)

Within forty days after the filing with the commission of a resolution of intention of the council, or a petition of a property owner, the commission shall consider the proposed amendment, set a time and place for a public hearing thereon within thirty days thereafter, and cause notice of such hearing to be published one time in a regular issue of a newspaper of general circulation in the city at least ten days before the date of hearing. The notice shall state the purpose of the amendment, or the location of the property affected and the change of zoning classification sought, and the time and place of the hearing. In addition, notice shall be given by mail or delivery to all persons shown on the last equalized assessment roll as owning real property within three hundred feet of any property subject to the proposed zoning change. If the hearing is continued by the commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.

(Ord. 600 § 12 (part), 1985; Ord. 376 § 10-1-7(B), 1967.)

The commission shall hold a public hearing on the proposed amendment at a regular or special meeting of the commission. The commission may impose conditions to any amendment for zoning reclassification where it finds that such conditions must be imposed under the necessities of each case, so as not to create problems inimical to the public health, safety and general welfare of the city. Such conditions must be reasonably conceived to fulfill the public needs emanating from the landowner's proposed use. Following the hearing, the commission shall cause a report on the proposed amendment to be filed with the council. Failure of the commission to report within forty days after the hearing, except by consent of the party initiating the amendment, shall be deemed to be a favorable recommendation of the proposed amendment.

(Ord. 404 § 2, 1970: Ord. 376 § 10-1-7(c), 1967.)

Upon receipt of the commission's report, or upon expiration of forty days, the council, within thirty days thereafter, shall hold a hearing on the proposed amendment in accordance with the same procedure specified for the commission. Following this hearing, the council may adopt or reject the amendment or any part thereof as set forth in the report of the commission. Any modification by the council to the proposed amendment not set forth in the original resolution or petition, or in the commission's report, shall require a new resolution of intention of the council and the procedure specified in this chapter shall be followed.

(Ord. 376 § 10-1-7(D), 1967.)

17.68.050 - Decision Final; Exception

No petition shall be reconsidered and no new petition shall be considered for any ordinance amendment previously acted upon by the commission within a year after the date of such action, unless the commission establishes that there has been a substantial change in the circumstances under consideration in the original proceedings.

(Ord. 376 § 10-1-7(E), 1967.)

Each application for a planning permit shall include an agreement by the property owner or authorized applicant, that the property owner or authorized applicant, their successors and assigns, will defend, indemnify, and hold harmless the city and its agents, officers, attorneys, and employees from any claim, action, or proceedings (collectively referred to here as "proceeding") brought against the city or its agents, officers, attorneys or employees within the applicable statute of limitations to:

A.

Attack, set aside, void, or annul any action approving an application (including any action to provide environmental clearance in compliance with the California Environmental Quality Act - CEQA), by city staff, any city planning or advisory agency, any city appeal board, or the city council; or

B.

Seek damages for property damage or personal injuries resulting from development authorized by the city pursuant to the application.

(Ord. 776, 10-15-2007)

The indemnification agreement shall be in a form acceptable to the city attorney, and indemnification shall include:

A.

Damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney's fees, and other damages, costs, liabilities and/or expenses incurred in connection with the application or any development authorized pursuant to the application, whether incurred by the applicant, the city, any party initiating or bringing the proceeding, and/or any other party; and

B.

A provision obligating the property owner or authorized applicant, their successors and assigns, to indemnify the city for all of the city's costs, fees, and damages that the city incurs in enforcing the indemnification provisions of this section and/or the agreement's indemnification provisions.

(Ord. 776, 10-15-2007)

At the time of filing an application, the applicant shall agree as part of the application, that the applicant, their successors and assigns, will defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (including an environmental impact report (EIR), negative declaration, specific plan, or general plan amendment) if made necessary by the proceeding, and if the applicant desires to pursue securing the planning permit or approval and/or legislative act, after initiation of the proceeding, which is conditioned on the approval of the document.

(Ord. 776, 10-15-2007)

Even if the applicant for a discretionary approval described in subsection A of this section fails or refuses to enter into the agreement specified in subsections A, B, and C of this section, that the applicant, or the owner of the site if different from the applicant, their successors and assigns, whether in whole or in part, shall, as a condition to any of the approvals specified in this chapter:

A.

Defend, indemnify and hold harmless the city and agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as proceeding) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul the city council's or planning commission's decision to approve any development or planning permit, license, approval or authorization, or general plan amendment, zoning amendment, approvals and certifications under the California Environmental Quality Act (CEQA) and/or any mitigation monitoring program, but excluding any subdivision approval governed by Government Code Section 66474.9. This indemnification shall include damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the city, and/or the parties initiating or bringing the proceeding;

B.

Defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing redrafting, revising, or amending any document (e.g., a negative declaration, EIR, specific plan or general plan amendment), if made necessary by the proceeding and if applicant desires to pursue securing these approvals, after initiation of such proceeding, which are conditioned on the approval of such documents; and

C.

Indemnify the city for all the city's costs, fees, and damages which the city incurs in enforcing the indemnification provisions set forth in this section.

(Ord. 776, 10-15-2007)

In the event that a proceeding described in subsection A of this section is brought against and served on the city, the city shall promptly notify the owner and the authorized applicant of the existence of the proceeding and the city will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the city form participating in the defense of any proceeding.

(Ord. 776, 10-15-2007)

In the event that the owner or authorized applicant is required to defend the city in connection with any action proceeding described in this section, the city shall retain the right to approve:

A.

The counsel to defend the city;

B.

All significant decisions concerning the manner in which the defense is conducted; and

C.

Any and all settlements, which approval shall not be unreasonably withheld.

The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the applicant in the defense of the proceeding. If the city chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the city in such matters, the fees and expenses of the counsel selected by the city shall be paid by the city. Notwithstanding the above, if the city attorney's office participates in the defense, all city attorney fees and costs shall be paid by the applicant.

(Ord. 776, 10-15-2007)

17.70 - Enforcement and Penalty

No building permit shall be issued by the community development department for construction, demolition, alteration, addition to, or moving of a structure unless such work would comply with the provisions of this title, or a conditional use permit or a variance as issued by the planning commission.

(Ord. 376 § 10-3-7(B), 1967.; Amended by Ord. 860 on 10/7/2019)

A permit or license issued by a municipal or other public agency for a use or structure in violation of a provision of this title, except as provided by a conditional use permit, variance, or appeal, shall not constitute authorization for such a violation or establish vested rights.

(Ord. 376 § 10-3-7(C), 1967.; Amended by Ord. 860 on 10/7/2019)

The community development department and other law enforcement agencies of the city shall enforce the provisions of this title.

(Ord. 376 § 10-3-7(A), 1967.; Amended by Ord. 860 on 10/7/2019)

The construction, alteration, addition to, or moving of a structure, or the use of land or structure in violation of the provisions of this title, is unlawful and constitutes a public nuisance. The city may initiate any enforcement action or take the necessary steps to abate the nuisance in accordance with Chapter 14.01 of this code. The remedies provided in this title are cumulative and shall not exclude other remedies for a violation of this title as provided by other laws or ordinances.

(Ord. 376 § 10-3-8, 1967.; Amended by Ord. 860 on 10/7/2019)

Any person violating or causing a violation of the provisions of this title or permitting such a violation on land or in a structure owned, rented, or controlled by him, is guilty of an infraction, and upon conviction thereof shall be punished as provided under Chapter 1.08 of this code.

(Ord. 376 § 10-3-9, 1967.; Amended by Ord. 860 on 10/7/2019)

17.75 - Demolition of Buildings and Structures

The purpose of this chapter is to establish a process and standards for evaluating requests for the demolition of buildings and structures citywide regardless of age, location, or zoning.

(Ord. 808, § 1, 3-19-2012)

No building or structure in any zoning district may be demolished and no building permit for demolition may be issued without approval pursuant to this chapter except as provided in Section 17.75.030.

(Ord. 808, § 1, 3-19-2012)

The following are exempted from the demolition review process as detailed in Sections 17.75.040 through 17.75.100:

A.

The city building official may issue a demolition permit for any building or structure that he or she determines to be an imminent hazard to public safety, either to the subject property or to neighboring

properties, and where demolition is the only feasible means to secure the public safety. Prior to demolition of any such building or structure, the applicant will measure and photo document the resource, where safety permits, and provide the documentation to the community development department.

B.

Accessory buildings and accessory structures of less than two hundred square feet in size, as measured from the outside of the building or structure, except for those listed or determined eligible for listing on a cultural resources register. The community development director, in consultation with the city building official, may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if the director has reason to believe that the building or structure may be eligible for listing on a cultural resources register. If an evaluation determines that the resource is eligible for listing, individually and/or as a contributor to a potential district, on a cultural resource register, the director will forward the application to the City of Sonora Planning Commission (planning commission) for consideration pursuant to Section 17.75.060.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

17.75.040 - Application for Demolition Permit; Concurrent Processing with Design Review

Applications for demolition permits shall be submitted to the community development department on forms prescribed by the community development Director for that purpose. Such applications shall be accompanied by a fee adopted by resolution of the city council.

For any building or design review permit application where demolition is also proposed, permits shall be processed and issued concurrently.

(Ord. 808, § 1, 3-19-2012; Ord. 600 Subsection 4 (part) 1985; Ord. 525 Subsection 8, 1979 and Ord. 647 § 2 (part), 1989)

17.75.050 - Process for Demolition Requests for Buildings or Structures Less than Fifty Years of Age

A.

Where the community development director determines that satisfactory evidence has been provided to document that the building or structure is less than fifty years of age and is not listed or eligible for listing on a cultural resources register, the city building official may issue a demolition permit except as provided in paragraph B.

B.

The community development director, in consultation with the city building official, may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if the community development director has reason to believe that the building or structure may be eligible for listing on a cultural resources register. If an evaluation determines that the resource is eligible for listing, individually and/or as a contributor to a potential district, on a cultural resource register, the community development director will forward the application to the planning commission for consideration pursuant to Section 17.75.060.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

17.75.060 - Process for Demolition Requests for Buildings or Structures Fifty Years of Age or Older; Consultation, Planning Commission Referral

Prior to demolition of any building or structure fifty years of age or older the following is required:

A.

The community development director will require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The project proponent is responsible for the cost of preparing the cultural resource evaluation.

The cultural resources evaluation, prepared by a qualified consultant as determined by the community development director, shall determine the potential eligibility of the building or structure for listing, individually and/or as a contributor to a potential district, on a cultural resources register.

B.

Concurrently with the preceding, the community development director shall forward the application to cultural resources agencies and experts as he or she may deem necessary for review and comment.

C.

For buildings or structures determined ineligible for listing on a cultural resources register, the city building official may issue a demolition permit after the community development director accepts the cultural resources evaluation as accurate and complete and after consultations as required in paragraph B. A notice of the city building official's decision to issue a demolition permit shall be forwarded to cultural resources agencies at least ten days in advance of demolition. Decisions of the city building official or community development director may be appealed within ten days in accordance with Section 17.75.090(A).

D.

Buildings or structures determined eligible for listing, individually and/or as a contributor to a potential district, on a cultural resources register shall be referred to the planning commission for consideration as follows subject to the findings in Section 17.75.080.

The community development director shall forward a report to the planning commission, including comments and recommendations received in response to consultations pursuant to paragraph B and schedule the application for a public hearing before the planning commission following the process established in Sonora Municipal Code Sections 17.62.030 through 17.62.050.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

For buildings or structures of undetermined age which, in the opinion of the community development director, may be fifty years of age or older, the community development director may require preparation of a cultural resources evaluation at his or her discretion. If, during the preparation of the cultural resources

evaluation, it is determined that the building or structure is less than fifty years of age and ineligible for listing on a cultural resources register, then the provisions of Section 17.75.050 shall apply. If the evaluation determines that the building is fifty years of age or older, then the provisions of Section 17.75.060 shall apply. The decision of the community development director may be appealed in accordance with Section 17.59.010 and 17.75.090(A).

(Ord. 808, § 1, 3-19-2012)

17.75.080 - Planning Commission Findings for Approving Demolition Requests and Alternatives for Action

In considering the demolition application, the planning commission will consider the following:

A.

Findings. Demolition may be approved for a building or structure or portion thereof only where at least one of the following findings are made:

1.

The planning commission determines that the owner would have no economic use of the property unless the structure is removed. In this instance, the applicant shall submit to the city such economic and financial data as is determined necessary by the community development director to substantiate such claim; or

2.

The planning commission determines that the structure is in such a deteriorated condition that demolition will not have a significant effect on the achievement of the purposes of this chapter or the city's general plan; or

3.

The planning commission determines that demolition of the structure is consistent and does not conflict with the city's goals, policies, and programs with respect to the management of cultural resources in the city as reflected in the city's general plan.

B.

Actions. After due consideration, the planning commission shall exercise one of the options listed below:

1.

The planning commission may approve the demolition if the application conforms to one of the three findings listed in subsection A of this section; or

2.

The planning commission may decide that up to a four week stay of demolition be placed upon the processing of the demolition permit, in order to allow time for the applicant and planning commission to seek alternative solutions to demolition. If no alternatives are found, after the period established for stay of demolition, the planning commission may approve the application; or

3.

The planning commission must deny the application if none of the required findings per Section 17.75.080(A) can be made.

(Ord. 647, Subsection 2, 1989; Ord. 808, § 1, 3-19-2012)

A.

An appeal of the community development director or city building official's decision pursuant to this chapter may be made by the applicant, proponent, or any interested party to the planning commission per the process established in Section 17.59.050.

B.

An appeal of the planning commission's decision pursuant to this chapter may be made by the applicant, proponent, or any interested party to the city council in accordance with Sections 17.32.100 through 17.32.130.

(Ord. 600 subsection 4 (part), 1985; Ord. 525 subsection 10, 1979; Ord. 808, § 1, 3-19-2012)

Demolition decisions made pursuant to this chapter shall not become effective until any appeal filed pursuant to Section17.75.090 has been concluded, or the time for filing an appeal has expired and no challenges to the decision have been filed.

(Ord. 808, § 1, 3-19-2012)

17.75.110 - Expiration of Decision; Permit Expiration

A.

A demolition permit must be obtained from the city building official after demolition is approved by the planning commission. A demolition permit must be secured within one year after the date of the decision approving demolition unless:

1.

conditions of planning commission approval establish a shorter expiration period,

2.

an extension has been issued by the community development director, or

3.

a demolition permit has been issued by the city building official.

The community development director may grant an extension of the planning commission's decision approving a demolition for up to one additional year unless a demolition permit already has been issued by the city building official.

B.

Once a demolition permit is issued by the city building official, the demolition permit shall expire, and extensions shall be granted, as per Section 15.10.100 of the Sonora Municipal Code.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

All lots shall be maintained in a clean, safe and aesthetically pleasing manner after demolition. Failure to comply shall be considered a violation subject to the penalties provided in Chapter 17.70.

(Ord. 808, § 1, 3-19-2012)

A violation of this chapter shall be enforced as provided in Sonora Municipal Code Chapter 17.70.

(Ord. 808, § 1, 3-19-2012)

In addition to the penalties provided in Chapter 17.70, an applicant for a demolition permit to legalize a violation of this chapter shall pay a violation permit processing penalty in accordance with the California Building Code.

(Ord. 808, § 1, 3-19-2012)

17.77 - General Provisions and Exceptions

The regulations set forth in this chapter shall modify or supplement the zoning district regulations appearing elsewhere in this title.

(Ord. 814, § 1, 12-17-12)

17.77.020 - Livestock Keeping

A.

Purpose—Livestock Keeping. The City of Sonora recognizes the health, educational and economic benefits of allowing residents to raise a limited number of livestock within the city limits. The following provisions are intended to allow flexibility for residents to benefit from livestock keeping while preserving adjacent property values and the health and safety of all city residents.

B.

Title 6 (Animals) Consistency—Livestock Keeping. The following provisions are in addition to those contained in Sonora Municipal Code (SMC) Title 6 (Animals). Definitions governing this section are as set forth in SMC Section 6.04.020 and Chapter 17.04. Wherever a conflict occurs between the provisions contained in SMC Title 6 and Title 17 relative to this section, the more restrictive provisions shall apply.

C.

Limits—Livestock Keeping. Parcels qualifying for livestock keeping in the City limits shall meet all of the following standards:

1.

Parcels, dwelling units, families or individuals that may qualify for livestock keeping are:

a.

Parcels that permit a single-family detached residence, including nonresidentially zoned parcels permitting a single-family or caretaker residence as a use permitted by right; or

b.

Vacant parcels regardless of zoning; or

c.

Parcels with a legal nonconforming residence; or

d.

An individual dwelling unit in a multi-family complex, an individual or family in farmworker or employee housing, or an individual occupying special needs housing that maintains control of a minimum parcel area consistent with the livestock density standards in subsection 2. "Control of a minimum parcel area" may be demonstrated by providing written permission from the landowner, landlord, or equivalent to the city that the tenant has permission to undertake livestock keeping in accordance with city standards and designating the size and location of the subject acreage.

2.

Parcels meeting the requirements of subsection one also shall meet the livestock density standards in the following table.

Livestock Density Standards

One small non-hoofed animal unit = twelve poultry, or twelve rabbits, or any combination of poultry and rabbits totaling twelve individual animals

One small hoofed animal unit = two sheep or two goats

One large hoofed animal unit = One domesticated hoofed animal excluding small hoofed animals

D.

General Standards—Livestock Keeping. All livestock keeping within the City limits shall comply with the following:

1.

All livestock shall be maintained in a clean and sanitary manner and shall not pose a threat to public health or safety.

2.

Livestock shall not be allowed to wander off their owner's property.

3.

Where covenants, conditions and restrictions (CC&Rs) or similar devices pertaining to livestock keeping conflict with the provisions of this section, the more restrictive requirements shall apply. Where CC&Rs or similar devices are more restrictive than those of this section, the city will enforce only the provisions of this section.

4.

Livestock shall not be kept inside structures used for human habitation.

5.

Livestock keeping in violation of this section shall be deemed an "animal nuisance" as defined in Section 6.04.020(D).

E.

Standards for Small Non-Hoofed Animal Livestock Keeping. In addition to the general livestock keeping standards in subsection D, the following standards also shall apply to small non-hoofed animal livestock keeping:

Poultry shall be maintained in a moveable coop or chicken tractor on parcels less than one acre in size.

2.

Small animals shall be maintained within the confines of the property, but may be allowed to roam outside of coops, chicken tractors or cages on parcels of one acre or larger.

3.

Coops or cages, including moveable coops and chicken tractors, shall be located outside of required setbacks.

4.

Feed shall be stored in rodent-proof containers.

5.

Meat shall be for the use of the parcel residents only and shall not be used or sold for commercial purposes. Eggs produced on a parcel may be sold from that parcel.

6.

Slaughtering shall occur indoors only.

7.

Roosters are prohibited.

F.

Standards for Hoofed Livestock Keeping. In addition to standards for general livestock keeping in subsection D, the following also applies:

1.

Setbacks for stalls, barns, sheds, corrals or other livestock keeping structures shall be a minimum of twenty-five feet from the property line.

2.

Hoofed-livestock slaughtering on the parcel is prohibited.

G.

Enforcement, Violations and Penalties—Livestock Keeping. The provisions of this section shall be enforced by the animal control office as established in Section 6.04.030. Any person in violation of this section is guilty of an infraction punishable by a fine for the first violation and is guilty of a misdemeanor for subsequent violations subject to the procedures and penalties as prescribed in Title 4 and Chapters 1.08

and 17.70. Any animal impounded pursuant to Chapter 6.04 or Section 17.77.020 shall additionally be subject to fees and charges for impounding as specified in Section 6.04.261.

(Ord. 814, § 1, 12-17-2012)

A.

Cottage food operations (CFOs) shall comply with the provisions of California Government Code Section 51035 and the standards adopted by the City for compliance with Government Code Section 51035 as specified in this Section.

B.

CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.

C.

All CFOs shall submit a cottage food operation permit (CFO Permit) in a format as prescribed by the community development director prior to commencing operations. A CFO permit shall be reviewed and approved, conditionally approved, or denied by the community development director without a hearing. A CFO permit:

1.

Is required for each CFO location and is not transferable between persons or locations.

2.

May be conditioned by the community development director to ensure consistency with the requirements of this section.

3.

May be denied by the community development director if the CFO does not comply with Government Code Section 51035 and the provisions of this section.

4.

Is subject to a fee of fifty dollars, unless otherwise approved by the city council. Each CFO permit amendment is subject to the same fee.

D.

CFO's shall comply with the following:

1.

Obtain a business license from the city prior to commencing operations;

2.

Provide proof, where applicable, of landlord permission to operate a CFO on the premises;

3.

A CFO shall not be located closer than three hundred feet from another CFO as necessary to prevent overconcentration. Three hundred feet shall be as measured between the outer wall of any structure housing the CFO to the nearest outer wall of the next CFO.

4.

CFO's may have one full-time equivalent employee (not counting family members).

5.

All parking associated with the CFO shall be on-site (i.e., off-street). No more than one visitor's vehicle and one nonresident employee's vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in SMC Chapter 17.42 (unless otherwise specified in a city-issued entitlement). All on site vehicle parking shall be designed and constructed in accordance with SMC Section 17.42.040.

6.

Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer-per hour per day. All sales shall occur between 7 a.m. and 8 p.m. Mondays through Fridays, 8 a.m. to 8 p.m. on Saturdays, and 10 a.m. to 3 p.m. on Sundays and federal holidays.

7.

All commercial deliveries shall occur between 8 a.m. and 6 p.m. Monday through Saturday. Commercial deliveries are prohibited on Sundays and federal holidays.

8.

Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 17 of Sonora General Plan 2020, as may be amended.

9.

Signage is prohibited.

10.

No outside storage of materials or supplies is permitted.

11.

There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.

12.

Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.

13.

Customers cannot dine at the CFO.

14.

CFOs may not exceed gross sales levels as established by the State of California for CFOs. The city may request a copy of the CFO operator's most recent income tax return to verify gross sales receipts.

15.

CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Tuolumne County Community Resources Agency Environmental Health Division.

16.

Other measures as may be determined necessary by the community development director for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.

E.

Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section. Failure to comply with any condition attached to the CFO permit by the community development director shall constitute a violation of this section. Any person in violation of this section is guilty of an infraction punishable by a fine for the first violation and is guilty of a misdemeanor for subsequent violations subject to the procedures and penalties as prescribed in Title 4, Chapter 1.08 and Chapter 17.70 of the Sonora Municipal Code.

F.

Decisions of the community development director are final and may not be appealed.

(Ord. 816, § 3, 4-1-2013)